Lampard and National Disability Insurance Agency

The applicant, Mr. Lampard, sought review of a decision by the National Disability Insurance Agency (NDIA) to refuse him access to the National Disability Insurance Scheme. The dispute centred on whether Mr. Lampard met the disability requirements for access, specifically concerning the permanence of his conditions and the extent of his substantially reduced functional capacity. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the NDIA's decision was correct.

The primary legal issues before the Tribunal were whether Mr. Lampard's conditions, including anorexia nervosa and associated physical and psychological impairments, met the definition of a "permanent disability" as defined by the National Disability Insurance Scheme Act 2013 (Cth). This required the Tribunal to assess whether his functional capacity was substantially reduced and whether this reduction was likely to be permanent. The Tribunal also considered the relevance of early intervention requirements and the specific functional capacities outlined in the Act, such as self-care, communication, social interaction, learning, mobility, and self-management.

Deputy President Melick AO SC found that the evidence presented demonstrated that Mr. Lampard's conditions had resulted in a substantially reduced functional capacity across multiple domains. Crucially, the Tribunal determined that these impairments were likely to be permanent, satisfying the access criteria under the Act. The Tribunal applied the principles of statutory interpretation to the relevant provisions of the NDIS Act, focusing on the objective assessment of the applicant's functional capacity and the prognosis for his conditions.

Consequently, the Tribunal set aside the NDIA's decision and substituted it with a decision that Mr. Lampard is a participant in the National Disability Insurance Scheme.