Tennant and National Disability Insurance Agency

This matter concerned an application by Ms Tennant for access to the National Disability Insurance Scheme (NDIS). The National Disability Insurance Agency (NDIA) had refused her application. Ms Tennant appealed this decision to the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Ms Tennant's impairments, specifically fatigue and myoclonus, resulted in a "substantially reduced functional capacity" as defined by the NDIS legislation. This involved considering the meaning of "substantially" in this context and assessing whether the evidence demonstrated a sufficient reduction in functional capacity to warrant access to the Scheme. Ms Tennant conceded that she did not meet the requirements for early intervention access under section 25 of the relevant Act.

The Tribunal considered extensive documentation, including medical statements and reports from Ms Tennant's General Practitioner. While Ms Tennant described significant ongoing symptoms, including fatigue, complex pain, cardiac issues, and the onset of myoclonus following a severe reaction to medication, her General Practitioner's report indicated that she did not require assistance with communication, social interaction, learning, or self-care. The primary functional impacts identified by the GP were in mobility and self-management, with fatigue, myoclonus, and widespread pain being the most impactful impairments. The Tribunal applied the principles established in *Mulligan v National Disability Insurance Agency*, which require a demonstrable reduction in functional capacity.

The Tribunal affirmed the NDIA's decision, finding that there was insufficient evidence to establish that Ms Tennant's impairments resulted in a substantially reduced functional capacity as required for access to the NDIS.