SSBV and National Disability Insurance Agency

This matter concerned an application by SSBV against the National Disability Insurance Agency. The dispute centred on the applicant's National Disability Insurance Scheme (NDIS) plan, specifically whether it was appropriate for the Tribunal to extend the applicant's current plan. The applicant sought an extension of his existing plan, arguing that the supports previously provided under a 2015 plan had been highly beneficial, leading to significant improvements in his behaviour, engagement with the justice system, and educational attendance. Conversely, the removal of these supports had resulted in disengagement from services, family, and education, and a re-engagement with the justice system.

The Tribunal was required to determine whether it had the jurisdiction to extend the applicant's current plan and, if so, whether it was appropriate to do so in all the circumstances. A further issue, agreed upon by both parties, was that if the Tribunal was minded to extend the plan, further submissions would be invited regarding the specifics of any extended plan. The Tribunal also considered the material time for its decision and whether unexpended funds could be taken into account, although these were secondary to the primary question of plan extension.

Deputy President K Bean P concluded that while the Tribunal had jurisdiction to extend the applicant's current plan, it was not appropriate to do so given the uncertainties surrounding the applicant's needs over the next six months. These uncertainties included his temporary accommodation, ongoing criminal charges likely to lead to a diversionary program, and potential detention. The Tribunal also noted the potential benefits of exploring pooled resources for professional services and group-based support, which could not be fully explored or accommodated within an extension of the current plan. However, these matters could be addressed in a new plan. The Tribunal placed confidence in undertakings provided by the respondent regarding a new plan to be formulated by 30 October 2017.

The decision under review was affirmed. The Tribunal noted undertakings from the respondent to conduct a plan review for a new six-month plan by 30 October 2017. This new plan would include support coordination at 5.7 hours per week, funding for 15 hours per week of one-to-one support (with consideration for group context utilisation), and an allowance for speech pathology and occupational therapy, with the method and level of funding to be determined during the review process.