MDCT and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered a dispute between the applicant, MDCT, and the National Disability Insurance Agency (NDIA) concerning funding for home modifications. The applicant sought funding for external modifications to his property, specifically relating to access to a lake and a swimming pool, which he argued were necessary for his quality of life and to manage his stress levels.

The central legal issue before the Tribunal was whether the proposed home modifications, including the construction of new steps and a jetty, constituted "reasonable and necessary" supports under the National Disability Insurance Scheme (NDIS) Act 2013 (Cth). This required the Tribunal to interpret the meaning of "reasonable and necessary" within the context of the NDIS legislative scheme, which aims to promote equality and enable people with disabilities to realise their potential.

The Tribunal applied the principles established in *WRMF and National Disability Insurance Agency* [2020] FCAFC 79, which emphasised that "reasonable and necessary" is a composite phrase that must be understood within the overall context, objects, and guiding principles of the NDIS Act. The Court in *WRMF* cautioned against dissecting the phrase and instead highlighted that it connotes supports which meet a threshold justifying the expenditure of public funds, considering the participant's impairment, their ability to participate in the community, and the variety of ways persons without a disability might choose to participate. Applying this to the evidence, the Tribunal found that the proposed modifications, such as new steps and a jetty, were not sufficiently linked to the applicant's disability or his ability to participate in community life in a way that justified public funding.

Consequently, the Tribunal was not satisfied that the requested modifications met the threshold of being "reasonable and necessary" under section 34 of the NDIS Act. The decision of the NDIA dated 10 July 2020 was affirmed.