MHZQ & National Disability Insurance Agency

The Administrative Appeals Tribunal considered the case of MHZQ and the National Disability Insurance Agency (NDIA). The applicant sought access to the National Disability Insurance Scheme (NDIS) to obtain supports for mobility and social engagement, specifically referencing past attendance at a facility for individuals with psychosocial disabilities. The dispute centred on whether the applicant met the eligibility criteria under section 24 of the NDIS Act 2013 (Cth), which requires an applicant to have a disability.

The Tribunal was required to determine whether the applicant had a disability as defined by the NDIS Act, whether any impairments were permanent, and whether these impairments resulted in a substantially reduced functional capacity. Specifically, the Tribunal needed to assess if the applicant's bilateral knee condition and her borderline personality disorder constituted a disability under the Act, and if so, whether they met the criteria for NDIS access.

The Tribunal reasoned that for the purposes of the NDIS Act, "disability" focuses on a reduction or loss of ability to perform an activity resulting from an impairment, which is defined as a loss of or damage to a physical, sensory, or mental function. The NDIA argued that the applicant's knee condition was not an impairment as defined, but rather a manifestation of Somatoform Pain Disorder. However, the Tribunal found that given the applicant had undergone multiple knee surgeries after the diagnosis of Somatoform Pain Disorder, her knee condition could not be solely attributed to that diagnosis. Medical evidence indicated ongoing pain and reduced mobility despite treatment, satisfying the definition of a disability under paragraph 24(1)(a) of the NDIS Act. The Tribunal concluded that while the applicant met the access criteria for her borderline personality disorder, she did not meet the criteria for her bilateral knee condition.

Consequently, the Tribunal set aside the NDIA's decision and remitted the matter for reconsideration, directing that the applicant meets the access criteria in section 24 of the National Disability Insurance Scheme Act 2013 (Cth).