Spires and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the dispute between Mr. Spires and the National Disability Insurance Agency (NDIA) concerning the NDIA's decision to refuse funding for a hydrotherapy pool. Mr. Spires sought funding for the pool as a reasonable and necessary support under the National Disability Insurance Scheme (NDIS).

The Tribunal was required to determine whether the NDIA's decision to refuse funding for the hydrotherapy pool was the correct and preferable decision. This involved considering the criteria for reasonable and necessary supports as outlined in section 34 of the *National Disability Insurance Scheme Act 2013* (Cth), including whether the support was likely to be effective, represent value for money, and take into account the individual's circumstances.

The Tribunal found that the NDIA had failed to adequately consider the evidence presented by Mr. Spires regarding the necessity and benefits of the hydrotherapy pool for his disability. Specifically, the Tribunal noted that the NDIA had not properly assessed how the pool would assist Mr. Spires in achieving his NDIS goals, nor had it sufficiently explored alternative supports. Consequently, the Tribunal set aside the NDIA's decision and remitted the matter back to the NDIA for reconsideration.