TXDT and National Disability Insurance Agency

This matter concerned an application by TXDT against the National Disability Insurance Agency (NDIA) before the Administrative Appeals Tribunal. The dispute centred on the process for developing a participant's plan under the National Disability Insurance Scheme Act 2013 (Cth).

The Tribunal was required to determine the nature and requirements of the two statements that form part of a participant's plan: the statement of goals and aspirations, and the statement of participant supports. Specifically, the Tribunal needed to consider the content and preparation of these statements, including the role of the participant and the NDIA CEO, and the timeframe for the CEO's approval of the statement of participant supports.

The Tribunal explained that a participant's plan comprises two parts. The first is a statement of goals and aspirations, prepared by the participant, detailing their objectives, personal and environmental context, living arrangements, informal and community supports, and social and economic participation. The second part is a statement of participant supports, which must be prepared with the participant and approved by the CEO. This statement must specify general supports, reasonable and necessary supports to be funded, the plan reassessment date, and funding and other management aspects. The Tribunal noted that reasonable and necessary supports can be identified specifically or generally, and that the CEO must approve the statement of participant supports within a timeframe prescribed by the NDIS Rules or as soon as reasonably practicable.