KKTB and National Disability Insurance Agency

This matter concerned an application by KKTB (the applicant) against a decision of the National Disability Insurance Agency (the respondent). The dispute centred on the funding of registered nursing services for the applicant, who resides in a shared accommodation facility for individuals with profound physical disabilities and complex needs. The case was heard by Deputy J W Constance P.

The court was required to determine whether the proposed registered nursing support for the applicant met the criteria of being "reasonable and necessary" under sections 33 and 34 of the National Disability Insurance Scheme Act 2013 (Cth). Specifically, the court had to consider whether the support represented value for money, would be effective and beneficial having regard to current good practice, and was appropriately funded by the Scheme rather than other service delivery systems.

The court's reasoning involved a detailed examination of the legislative framework governing the National Disability Insurance Scheme, particularly sections 33 and 34 of the Act, which outline the requirements for approving a participant's statement of supports. The court considered the objects of the Act, including the promotion of independence, social and economic participation, and the provision of high-quality supports. The evidence of Ms M, a Registered Nurse with extensive experience in aged care and disability sectors, was accepted as demonstrating the necessity and benefit of the proposed nursing care for the applicant, who has complex needs. The court applied the principles that all conditions under section 34 must be satisfied for each support and that the Tribunal's function on review is to approve, vary, or modify supports in accordance with sections 33(5) and 34.

The decision of the National Disability Insurance Agency was set aside and substituted with a new decision approving the funding for the registered nurse support.