LPRK and National Disability Insurance Agency

This matter concerned an application for review by LPRK (the applicant) of a decision by the National Disability Insurance Agency (the respondent) to refuse access to the National Disability Insurance Scheme. The applicant sought to challenge the respondent's determination that she did not meet the disability and early intervention requirements stipulated by the *National Disability Insurance Scheme Act 2013* (Cth) (the NDIS Act). The review was heard by Senior Member K Buxton of the Tribunal.

The Tribunal was required to determine whether the applicant's impairments were permanent or likely to be permanent, as required by section 24 of the NDIS Act, and whether early intervention supports were unlikely to benefit the applicant, as required by subsections 25(1)(b) and (c) of the NDIS Act. The court considered the definition of "impairment" under the NDIS Act, which involves a loss of or damage to a physical, sensory, or mental function, and is not merely a reduction in a person's capacity to perform tasks.

In reaching its decision, the Tribunal considered the evidence presented, including statements from the applicant, her carer, and various medical and allied health practitioners. The Tribunal applied the principles outlined in the NDIS Act's Access Rules, particularly concerning the permanency of an impairment. Rule 5.4 states an impairment is permanent only if there are no known, available, and appropriate evidence-based treatments likely to remedy it. The Tribunal noted that difficulty accessing treatment, including affordability, is a relevant consideration in determining whether a treatment is available to a particular individual, citing *National Disability Insurance Agency v Davis*. Ultimately, the Tribunal found that the applicant did not meet the access criteria under sections 24 and 25 of the NDIS Act.

Consequently, the Tribunal affirmed the respondent's decision under review pursuant to paragraph 43(1)(a) of the *Administrative Appeals Tribunal Act 1975* (Cth).