Ryan and National Disability Insurance Agency

This matter concerned an application for review of a decision made by the National Disability Insurance Agency (NDIA) regarding the supports provided to the applicant under the National Disability Insurance Scheme (NDIS). The applicant sought to include funding for regular swimming as a reasonable and necessary support within her NDIS plan, arguing it was crucial for managing the impacts of her complex Post-Traumatic Stress Disorder (PTSD). The NDIA's decision under review, as remade following a remittal, had affirmed its original decision.

The central legal issue before the Tribunal was whether the support sought by the applicant, specifically access to regular swimming, constituted a reasonable and necessary support within the meaning of section 34 of the National Disability Insurance Scheme Act 2013 (Cth). This required the Tribunal to consider whether the proposed support represented value for money, was effective and beneficial for the applicant, and was related to her disability. The Tribunal also had to address the applicant's concerns regarding alleged errors in the recording of information within her NDIS plans, though its jurisdiction was limited to reconsidering the decision on supports.

The Tribunal reasoned that the applicant suffered from psychosocial impairments arising from PTSD and persistent depressive disorder, which affected her social interaction and mobility. It acknowledged the applicant's evidence that swimming was uniquely effective in alleviating her symptoms, providing a sense of safety and calm, and significantly improving her sleep, unlike other forms of exercise she had tried. The Tribunal applied the principles established in cases such as *NDIA v WRMF* and *McGarrigle v National Disability Insurance Agency*, emphasising that the determination of reasonable and necessary supports is a fact-intensive and highly individualised exercise, focused on the specific needs of the participant.

The Tribunal set aside the decision under review and remitted the matter to the NDIA with a direction. The remitted decision was to specify funding for access to swimming and group exercise at an annual rate of $1176 (or $22.62 per week) from the date of the Tribunal's decision, and to replicate all other reasonable and necessary supports as currently funded until the reassessment date of 16 February 2025.