Pallier and National Disability Insurance Agency

The applicant, Ms. Pallier, sought access to the National Disability Insurance Scheme (NDIS) due to impairments arising from peripheral neuropathy secondary to chemotherapy and complications from abdominal mesh surgery. These conditions affected her sensation, motor skills, balance, and caused weakness and chronic pain. The dispute concerned whether Ms. Pallier met the disability requirements under section 24 or the early intervention requirements under section 25 of the *National Disability Insurance Scheme Act 2013* (NDIS Act). The core question before the Tribunal was whether her impairments resulted in a substantially reduced functional capacity to undertake specific activities listed in section 24(1)(c) of the NDIS Act, and whether other service systems were more appropriate.

The Tribunal was required to determine if Ms. Pallier's impairments met the criteria for access to the NDIS. Specifically, it needed to assess whether her physical and cognitive impairments substantially reduced her functional capacity in relation to activities such as mobility and self-care, as contemplated by section 24 of the NDIS Act. The Tribunal also considered, but ultimately did not need to further consider, the early intervention requirements under section 25, noting the Respondent's submission that the applicant's condition was long-standing and stable, with a lack of evidence for specific early intervention benefits.

Deputy Mischin P found that Ms. Pallier, despite facing difficulties in presenting her case due to the unexpected withdrawal of representation and her own modesty about her limitations, was a forthright and honest witness. The Tribunal was satisfied that her physical and cognitive impairments, stemming from peripheral neuropathy and cancer-related surgery, along with associated pain, had substantially reduced her functional capacity in the areas of mobility and self-care. The Tribunal noted her strong work ethic and desire for independence, but also recognised the risks posed by her condition and the reliance on informal support that could not be guaranteed.

Consequently, the Tribunal set aside the decision under review. It remitted the matter to the Respondent with a direction that Ms. Pallier meets the disability requirements under section 24 of the NDIS Act, and therefore the access criteria under section 21(1) of the Act.