Laurente and National Disability Insurance Agency

This matter concerned an application by Mr Alan Laurente for 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 Laurente met the NDIS access criteria, specifically concerning his hearing loss. The matter was heard by Senior Member K Buxton of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Laurente had a "disability" as defined by section 24(1)(a) of the *National Disability Insurance Scheme Act 2013* (Cth), and whether his impairments were, or were likely to be, permanent as required by section 24(1)(b) of the Act. Additionally, the Tribunal needed to consider whether Mr Laurente's impairments resulted in a "permanent and significant disability" that substantially reduced his functional capacity, as stipulated by section 25(1) of the Act.

The Tribunal considered extensive medical evidence detailing Mr Laurente's bilateral, symmetrical sloping, mild to moderately severe sensorineural hearing loss, which was confirmed as permanent. While audiometric results indicated a significant reduction in the ability to discern speech sounds in normal conversational settings, particularly in noisy environments, and that he would benefit from hearing aids, the Tribunal noted that Mr Laurente had developed effective coping mechanisms. These included lip-reading, assertiveness, seeking clarification, and using contextual cues. Furthermore, speech audiometry with amplification in quiet yielded excellent results, and his signal-to-noise ratio loss was considered moderate. The Tribunal found that while Mr Laurente had a disability and his impairments were permanent, these impairments did not, in conjunction with his coping strategies, substantially reduce his functional capacity to the extent required by section 25(1) of the Act.

Consequently, the Tribunal affirmed the NDIA's decision, finding that Mr Laurente did not meet the access criteria under sections 24 or 25 of the *National Disability Insurance Scheme Act 2013*.