VWBX and National Disability Insurance Agency

This matter concerned an application for access to the National Disability Insurance Scheme (NDIS) by a 13-year-old child, identified as the Applicant. The Applicant sought access based on a range of diagnosed conditions including Hypermobility Spectrum Disorder, Generalised Anxiety Disorder, Specific Learning Disorder (reading and writing), Attention Deficit Hyperactivity Disorder, and Dysgraphia. The decision was made by Mr Rob Reitano, a Member of the Tribunal.

The central legal issues before the Tribunal were whether the Applicant met the NDIS access criteria, specifically the disability requirements under section 24 of the *National Disability Insurance Scheme Act 2013* (Cth) or the early intervention requirements under section 25 of the Act. This involved determining if the Applicant's impairments were permanent and resulted in a substantially reduced functional capacity, or if the provision of early intervention supports was likely to reduce the Applicant’s future needs for disability-related supports.

The Tribunal Member, Mr Reitano, found that the Applicant did not meet the access criteria under either section 24 or section 25 of the Act. While acknowledging the Applicant was a "lovely child" described positively by various individuals and his parents were devoted, the Member was not satisfied that the statutory thresholds for access were met. Furthermore, even if the Applicant had satisfied the early intervention requirements, the Member indicated that such supports were more appropriately funded by another government department rather than the NDIS. Consequently, the decision under review, which affirmed the refusal of access, was affirmed.