National Disability Insurance Agency v WRMF

The National Disability Insurance Agency (NDIA) appealed against a decision of the Administrative Appeals Tribunal (AAT) which had upheld an application by WRMF for funding for a specially trained sex therapist. The NDIA argued that the AAT had failed to give the agency procedural fairness by its description and understanding of the nature of the claimed support. The NDIA also argued that the AAT had not properly approached the question of whether the claimed support was reasonable and necessary under s 34 of the National Disability Insurance Scheme Act 2013 (Cth). The AAT had found that the claimed support was reasonable and necessary, and the NDIA sought to appeal this finding. The court found that the AAT had not failed to give the NDIA procedural fairness by its description and understanding of the nature of the claimed support. The court also found that the AAT had properly approached the question of whether the claimed support was reasonable and necessary. The court found that the AAT's findings of fact were supported by evidence and that the AAT had not erred in law in finding that the claimed support was reasonable and necessary. The appeal was dismissed with the applicant to pay the respondent's costs.