Petterson and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the application of Janine Petterson against a decision made by the National Disability Insurance Agency. The dispute concerned whether Ms. Petterson met the access criteria for the National Disability Insurance Scheme, specifically regarding the permanence of her impairments arising from Chronic Fatigue Syndrome (CFS) and osteoporosis.

The primary legal issue before the Tribunal was to determine if Ms. Petterson's impairments, namely the pain associated with recurring spinal fractures due to osteoporosis and her CFS, were permanent as required by section 24(1)(b) of the National Disability Insurance Scheme Act 2013 (Cth). The Tribunal also needed to consider whether these permanent impairments resulted in a substantially reduced capacity to participate in the core functional areas of mobility, self-care, and social interaction, as defined in the Operational Guidelines.

The Tribunal noted that while the permanency of Ms. Petterson's osteoporosis was not disputed, there was disagreement regarding the permanency of the impairments arising from it, specifically the pain from her fractures and the likelihood of future fractures. The Tribunal found that there was insufficient evidence to establish that the pain from her osteoporosis was permanent, or that further fractures were unavoidable. Although the CFS was accepted as permanent, the Tribunal concluded that there was insufficient evidence to determine if it alone caused a substantially reduced capacity in the relevant functional areas. Consequently, the Tribunal affirmed the Respondent's decision.