Marshall and National Disability Insurance Agency

The Administrative Appeals Tribunal (the Tribunal) considered an application by Mrs Marshall for access to the National Disability Insurance Scheme (NDIS). Mrs Marshall sought access based on impairments arising from a severe bus accident in 1996, which resulted in difficulties with communication, learning new skills, and memory. The dispute centred on whether these impairments met the NDIS access criteria.

The Tribunal was required to determine several issues, including identifying Mrs Marshall's relevant impairments, whether these impairments were attributable to specific categories of disability as defined by the NDIS Act, and if they were permanent or likely to be permanent. Crucially, the Tribunal had to assess whether any of these impairments resulted in a substantially reduced functional capacity to undertake relevant activities, as stipulated by Rule 5.8 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016, and paragraph 24(1)(c) of the Act.

The Tribunal's reasoning focused on the evidence presented, including Mrs Marshall's own statement. While acknowledging the difficulties Mrs Marshall experienced, the Tribunal was not satisfied that her impairments resulted in a substantially reduced functional capacity to undertake the activities specified in the NDIS legislation. The Tribunal noted that Mrs Marshall continued to engage in certain social activities and work part-time, which indicated a level of functional capacity that did not meet the threshold for NDIS access.

The Tribunal affirmed the decision to refuse Mrs Marshall's access to the NDIS.