Ray and National Disability Insurance Agency

This matter concerned an application by Mrs Ray to become a participant in the National Disability Insurance Scheme (NDIS). The dispute centred on whether Mrs Ray met the "disability" access criteria under section 24 of the *National Disability Insurance Scheme Act 2013* (Cth). The National Disability Insurance Agency (NDIA) accepted that Mrs Ray met the age and residence requirements, but contended that her impairments did not result in a "substantially reduced functional capacity" to undertake any of the specified activities. The Administrative Appeals Tribunal (AAT) was required to determine if Mrs Ray satisfied the disability requirement, either through deeming provisions or by demonstrating a substantially reduced functional capacity.

The Tribunal considered whether Mrs Ray's impairments, arising from autism spectrum disorder, attention deficit hyperactivity disorder, anxiety, and depression, resulted in a substantially reduced functional capacity in one or more of the activities listed in section 24(1)(c) of the Act. These activities included communication, social interaction, learning, mobility, self-care, and self-management. The Tribunal also examined the implications of the NDIA's Operational Guidelines, particularly the streamlined process for individuals with certain specified conditions or existing program participation. The core legal principle applied was that access to the NDIS is based on a functional, practical assessment of what a person can and cannot do, rather than the severity of their impairment.

The Tribunal found that Mrs Ray met the disability requirement under section 24(1)(e) of the Act. It concluded that her impairments resulted in a substantially reduced functional capacity in relation to the specified activities. Consequently, the Tribunal set aside the NDIA's decision and substituted it with a decision that Mrs Ray met the access criteria under section 21 of the Act, thereby qualifying her to become a participant in the NDIS.