Kupara and National Disability Insurance Agency

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) between Mr. Kupara and the National Disability Insurance Agency (NDIA). The dispute revolved around the NDIA's decision regarding the provision of reasonable and necessary supports for Mr. Kupara under the National Disability Insurance Scheme (NDIS).

The Tribunal was required to determine whether to remit the NDIA's reviewable decision for further consideration. Central to this was the question of whether certain supports, specifically level 3 public transport funding, hydrotherapy, and yoga, were agreed by the parties to be reasonable and necessary supports under section 34 of the NDIS Act.

The Tribunal reasoned that the parties had reached an agreement that level 3 public transport funding, hydrotherapy, and yoga constituted reasonable and necessary supports. Applying section 42D(1) of the Administrative Appeals Tribunal Act 1975 (Cth), which permits the Tribunal to remit a decision to the CEO of the NDIA for further consideration, the Tribunal found it appropriate to do so on the basis of this agreement. The Tribunal's decision was informed by the purpose of narrowing the issues in dispute and facilitating a resolution where common ground had been established.

Accordingly, the Tribunal remitted the reviewable decision made under subsection 100(6) of the NDIS Act on 9 December 2021 to the CEO of the National Disability Insurance Agency for further consideration, with the explicit finding that the parties agreed on the reasonableness and necessity of level 3 public transport funding, hydrotherapy, and yoga.