QTDM and National Disability Insurance Agency

This matter concerned an application by QTDM for access to the National Disability Insurance Scheme (NDIS). The National Disability Insurance Agency (NDIA) had decided that QTDM did not meet the disability requirements for access. QTDM sought review of this decision before the Administrative Appeals Tribunal (AAT).

The primary legal issues before the AAT were whether QTDM satisfied the disability requirements for access to the NDIS as set out in section 24 of the NDIS Act 2013 (Cth). Specifically, the Tribunal was required to determine if QTDM had a disability attributable to one or more impairments, if those impairments were permanent, and if they substantially reduced her functional capacity to undertake specified activities. The NDIA also contended that there was insufficient evidence to conclude that QTDM required the support of the NDIS for her lifetime.

The Tribunal found that QTDM's ankylosing spondylitis (AS) and inflammatory bowel disease (IBD) met the criterion of being a disability attributable to an impairment under section 24(1)(a) of the NDIS Act. However, the Tribunal was not satisfied that QTDM's asthma met this criterion due to a lack of sufficient medical evidence regarding its impact on her daily life. The NDIA had also contended that QTDM's AS was not permanent and that her functional capacity was not substantially reduced. The Tribunal affirmed the NDIA's decision, finding that QTDM did not meet the disability requirements for access to the NDIS at that time.