Mante and National Disability Insurance Agency

This matter concerned an application by Ms Mante for review of a decision by the National Disability Insurance Agency (NDIA) regarding her statement of participant supports. The dispute centred on whether the cost of a gym membership constituted a reasonable and necessary support under the National Disability Insurance Scheme (NDIS) Act 2013 (Cth). The Administrative Appeals Tribunal (AAT) was tasked with determining this issue.

The primary legal question before the Tribunal was whether the cost of a gym membership for Ms Mante was a reasonable and necessary support within the meaning of section 34(1) of the NDIS Act. This required the Tribunal to consider whether the proposed support would assist Ms Mante to pursue her stated goals and aspirations, facilitate her social and economic participation, represent value for money, be effective and beneficial, and was not more appropriately funded by other means.

The Tribunal considered evidence from Ms Mante's exercise physiologist, Mr Murphy, who explained that a gym membership would provide access to a wider range of equipment and classes than previously available, aiding Ms Mante in managing her anxiety and depression and preventing social isolation. Mr Murphy also noted that Ms Mante's motivation had decreased without consistent access to appropriate facilities and that more frequent sessions were needed to build routine. Applying the criteria in section 34(1) of the Act, the Tribunal was satisfied that the gym membership would assist Ms Mante in achieving her goals of improving her mental and physical health, meeting new people, and increasing her independence. The Tribunal found the cost to be reasonable and the support to be effective and beneficial, aligning with good practice.

Consequently, the Tribunal varied the reviewable decision made by the NDIA. Ms Mante was to receive funding for the annual cost of a gym membership with the Peninsula Aquatic Recreation Centre.