XVCP and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the dispute between XVCP, a child participant in the National Disability Insurance Scheme, and the National Disability Insurance Agency (NDIA). XVCP sought additional funding for support worker assistance, arguing that the NDIA's decision to refuse this funding was unreasonable.

The Tribunal was required to determine whether the NDIA's decision regarding the provision of support worker assistance was correct. Specifically, the Tribunal had to consider what constitutes "reasonable and necessary supports" under the National Disability Insurance Scheme Act 2013 (Cth), including whether the requested support was effective and beneficial for the child, and what could reasonably be expected of families in providing such support, with a focus on value for money.

Member L Proske reasoned that the NDIA had failed to adequately consider the evidence presented by XVCP regarding the necessity and benefit of the additional support worker assistance. The Tribunal found that the NDIA's assessment did not sufficiently address the specific needs of the child and the potential impact of the requested supports on their functional capacity and participation. The principles of the NDIS, which aim to provide reasonable and necessary supports to enable participants to live a life as ordinarily as anyone else can, were central to this assessment.

The Tribunal set aside the NDIA's decision and remitted the matter to the NDIA for reconsideration in accordance with the reasons provided.