QHFQ and National Disability Insurance Agency

This matter concerned an application by QHFQ (the applicant) against the National Disability Insurance Agency (NDIA). The dispute centred on the management of the applicant's National Disability Insurance Scheme (NDIS) plan, specifically the applicant's father's request for self-management of the plan. The case was heard by I Thompson, Member, of the Tribunal.

The legal issues before the Tribunal were whether the applicant's parents jointly held parental responsibility for the child, thereby qualifying them as the child's representative for NDIS purposes, and whether the father's proposed self-management of the NDIS plan posed an unreasonable risk to the participant. The Tribunal was also required to determine the appropriate management of the NDIS plan and the inclusion of support coordination services.

The Tribunal considered sections of the NDIS Operational Guidelines and the NDIS Act 2013, including provisions relating to the definition of a child's representative and the circumstances under which funding management could pose an unreasonable risk. The evidence established that the applicant's parents jointly held parental responsibility and neither had ceased to do so. While acknowledging the father's desire for self-management and his willingness to manage the associated administration, the Tribunal noted that none of the funding under previous plans had been expended, partly due to the impact of the COVID-19 pandemic. The Tribunal concluded that, in the interim, it was appropriate for the funding to be managed by a registered plan manager, with the inclusion of support coordination services to assist the applicant in accessing funded supports. This approach was seen as providing an opportunity for the parents to gain experience in plan management, potentially enabling self-management in the future.

The Tribunal set aside the decision under review and substituted it with an approval for the applicant's NDIS plan to be managed by a registered plan manager. It also approved a review date 12 months from the approval date and included funding for support coordination, specifically 50 hours of Level II Support Coordination and 30 hours of specialist support coordination. All other supports in the applicant's current plan were to be continued pro-rata.