Willcocks and Chief Executive Officer, National Disability Insurance Agency

This matter concerned an appeal by an applicant against a reviewable decision of the Chief Executive Officer of the National Disability Insurance Agency (NDIA) regarding his eligibility to become a participant in the National Disability Insurance Scheme (NDIS). The applicant, a 64-year-old man who had not been in paid employment since 2000 following a work injury, sought access to the NDIS primarily to obtain assistance with house cleaning and yard maintenance, which he feared could jeopardise his social housing tenancy.

The Tribunal was required to determine whether the applicant met the disability requirements for NDIS access. This involved assessing whether the applicant had a disability attributable to specific types of impairments, whether those impairments were permanent or likely to be permanent, and if so, whether they resulted in a substantially reduced functional capacity in key areas and affected his capacity for social and economic participation. The Tribunal also needed to consider if the applicant was likely to require NDIS support for his lifetime.

In its reasoning, the Tribunal distinguished between a "health condition," an "impairment," and a "disability," noting that "disability" under the NDIS Act describes the overall effect of impairments on a person's ability to participate in life. The Tribunal found that the applicant met the age and residency requirements for NDIS access. Crucially, after considering the evidence, the Tribunal concluded that the applicant met the disability requirements for access to the NDIS, making it unnecessary to consider early intervention requirements.

Consequently, the Tribunal set aside the NDIA's decision and substituted a new decision stating that the applicant met the access criteria for the NDIS, specifically on the grounds that he satisfied the age, residence, and disability requirements.