QKNJ and National Disability Insurance Agency

This matter concerned an application by QKNJ for review of a decision made by the National Disability Insurance Agency (NDIA) regarding Specialist Disability Accommodation (SDA). The parties agreed on the appropriate type of SDA for the applicant, namely a house designed for high physical support with onsite overnight assistance for one resident. The dispute centred on whether the supports approved in relation to this SDA were reasonable and necessary for the applicant's specific circumstances.

The Tribunal was required to determine two primary legal issues. Firstly, whether the supports approved for the applicant's SDA were reasonable and necessary given his individual circumstances. Secondly, if the approved supports were found not to be reasonable and necessary, the Tribunal had to consider whether its jurisdiction extended to reviewing the monetary allocation for funding these supports as set out in the Specialist Disability Accommodation Pricing Arrangements 2022-23 (the SDA Price Guide).

The Tribunal noted that while all matters under section 16 of the SDA Rules must be considered by the decision-maker, they do not necessarily carry equal weight. The significance of each matter can vary depending on the individual participant's circumstances. The Tribunal affirmed that its role, as clarified by the High Court in *Frugtniet v Australian Securities and Investments Commission*, is to stand in the shoes of the primary decision-maker and determine for itself the decision that should be made, exercising the same powers and being subject to the same constraints. The applicant's submissions were acknowledged as having been presented eloquently and were to be considered in reaching a decision.