PNKT and National Disability Insurance Agency

The Administrative Appeals Tribunal considered an application by PNKT (the applicant) seeking review of a decision by the National Disability Insurance Agency (NDIA) to refuse his access to the National Disability Insurance Scheme (NDIS). The applicant had multiple diagnosed conditions, including anxiety, depression, spinal injury, and osteoarthritis in his knees, hands, elbows, and shoulders. The core of the dispute centred on whether these impairments met the NDIS access criteria, specifically the definition of "disability" and the requirements for early intervention.

The Tribunal was required to determine two primary legal issues. First, whether the applicant's impairments constituted a "disability" as defined by the NDIS Act, which focuses on a substantial reduction in functional capacity. Second, whether the applicant met the early intervention requirements, which necessitate evidence that the provision of early intervention support would benefit the applicant. The Tribunal noted inconsistencies in the descriptions of the applicant's impairments between the parties and within the medical evidence itself.

In its reasoning, the Tribunal applied the principles established in *Mulligan v National Disability Insurance Agency* [2015] FCA 544, which emphasise that the NDIS definition of "disability" is functional and targets those with significant impairments to their functional capacity. Despite the applicant's subjective experience of pain and limitations, the Tribunal found that the objective evidence, including assessments by an occupational therapist, did not demonstrate a substantially reduced functional capacity across the range of activities required by the NDIS Act. Furthermore, there was no medical evidence presented to suggest that early intervention support would provide a benefit to the applicant.

Consequently, the Tribunal affirmed the NDIA's decision. The applicant was found not to meet the access criteria under either section 24 (disability requirements) or section 25 (early intervention requirements) of the NDIS Act.