Newell and National Disability Insurance Agency

This matter concerned an application for review by Ms Newell of a decision by the National Disability Insurance Agency (NDIA) to refuse her access to the National Disability Insurance Scheme (NDIS). The NDIA's original decision, and the subsequent internal review decision, were both based on the applicant not meeting the access criteria under section 21 of the *National Disability Insurance Scheme Act 2013* (Cth). Specifically, Ms Newell was found not to satisfy the "disability requirements" under section 24, which necessitates an impairment that is permanent or likely to be permanent, nor the "early intervention" requirements under section 25. The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Newell met these access criteria.

The Tribunal affirmed the NDIA's decision, finding that Ms Newell had not satisfied the requirements for access to the NDIS. The Tribunal considered the evidence presented, including reports from medical professionals and occupational therapists, as well as the testimony of Ms Newell and her former treating occupational therapist. The core of the Tribunal's reasoning focused on the permanence requirement for disability under section 24(1)(b) of the Act. While acknowledging Ms Newell's various physical and psychosocial impairments, including bipolar affective disorder, anxiety, depression, hand conditions, back, neck, and shoulder issues, and osteoarthritis, the Tribunal was not satisfied that these impairments were permanent or likely to be permanent. Furthermore, the Tribunal found that the evidence did not establish that Ms Newell's impairments resulted in a substantially reduced functional capacity in any of the six prescribed activities as required by the legislation.

Consequently, the Tribunal was not satisfied that Ms Newell met the disability requirements under section 24 of the NDIS Act, nor the early intervention requirements under section 25. Therefore, the Tribunal affirmed the NDIA's decision not to grant Ms Newell access to the NDIS.