Pearce and National Disability Insurance Agency

The Administrative Appeals Tribunal considered a dispute between Mr. Pearce and the National Disability Insurance Agency concerning the funding of supports under the National Disability Insurance Scheme. Mr. Pearce sought funding for accessories for his hearing aids, as well as interpreting and captioning services.

The primary legal issue before the Tribunal was whether it had jurisdiction to vary Mr. Pearce's current participant plan to include the requested supports, given that a new plan had come into effect. The Tribunal was required to determine the effect of a new plan on its jurisdiction to review decisions regarding supports under a previous plan.

The Tribunal reasoned that once a new participant plan is in effect, it is unable to vary that plan. Consequently, the Tribunal lacked the jurisdiction to order the funding of supports under Mr. Pearce's current plan. Although the Tribunal was satisfied that, absent this jurisdictional limitation, certain of the requested supports would have been deemed reasonable and necessary, it was ultimately unable to affect the funding of supports under the existing plan.

Accordingly, the Tribunal affirmed the decision under review.