Vecchio and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a decision by the National Disability Insurance Agency (NDIA) delegate not to approve an external CCTV system (ESS) as part of the applicant's 2020 National Disability Insurance Scheme (NDIS) plan. The applicant also sought approval for a recommended visual alert system (IVAS). The proceedings were conducted via videoconference with the assistance of Auslan interpreters and a captioner.

The primary legal issues before the Tribunal were whether the claimed supports, specifically the ESS, were reasonable and necessary in accordance with section 34 of the NDIS Act and Part 5 of the NDIS Rules. The Tribunal also had to determine if it had jurisdiction to consider the inclusion of these supports in the applicant's current 2021 plan, despite the original decision relating to the 2020 plan. The Tribunal noted that the applicant's circumstances had changed significantly with the birth of his second child, and that the funding in the 2020 and 2021 plans remained largely unchanged.

The Tribunal reasoned that the ESS, while providing security benefits, did not meet the "reasonable and necessary" criteria under the NDIS Act and Rules for the applicant's current plan. The applicant, who is deaf, argued that the ESS was essential for his safety due to his inability to hear external sounds and the layout of his home, particularly in light of his young dependents and the neighbourhood's crime rate. However, the Tribunal found that the ESS did not satisfy the specific requirements for funding under the NDIS.

Consequently, the Tribunal set aside the NDIA's decision of 14 May 2020 and remitted the matter to the Secretary for reconsideration. The Tribunal recommended that a plan review be conducted, taking into account the finding that the ESS system did not meet the "reasonable and necessary" criteria under the applicant's current plan.