TYKL and National Disability Insurance Agency

This matter concerned an application for review of a decision by the National Disability Insurance Agency (NDIA) to refuse to approve the statement of supports in a participant's plan, specifically regarding funding for an assistance dog. The applicant sought to have an assistance dog included in her plan to assist with her goals of independence in the home and community, and to facilitate social engagement.

The central legal issue before the Tribunal was whether the NDIA's refusal to fund an assistance dog was correct, and more specifically, whether the NDIA was entitled to require the dog to be identified, trained, and qualified before assessing it as a reasonable and necessary support. The applicant argued that the NDIA's approach was inconsistent with the NDIS Act and the rights of participants to determine their own goals and nominate supports.

The Tribunal found that the applicant suffered from chronic pain, reduced mobility, and a mental health condition impacting her confidence, and that an assistance dog would significantly benefit her physical and psychosocial well-being. The Tribunal was satisfied that the applicant had a proven history of benefiting from an assistance dog and had made substantial efforts to identify and secure a suitable animal. Crucially, the Tribunal determined that the NDIA's contention that an assistance dog must be fully trained and qualified before it could be assessed for funding was not supported by the NDIS Act. The Tribunal reasoned that the identification, training, and qualification of an assistance dog were necessary steps in the process of obtaining such a support and were not precluded by the statutory scheme.

Consequently, the Tribunal set aside the NDIA's decision and remitted the matter for reconsideration. The Tribunal was not satisfied that the NDIS Act contained the limitation argued by the NDIA regarding the funding mechanism for an assistance dog.