XZJY and National Disability Insurance Agency

This matter concerned an application by XZJY (the applicant) against a decision of the National Disability Insurance Agency (the respondent) regarding the provision of reasonable and necessary supports under the National Disability Insurance Scheme. The dispute centred on the applicant's entitlement to funding for a Registered Nurse. The case was heard by Deputy J W Constance P.

The court was required to determine whether the proposed support, specifically the funding for a Registered Nurse, met the criteria for reasonable and necessary supports as defined by sections 33 and 34 of the National Disability Insurance Scheme Act 2013 (Cth). This involved assessing whether the support represented value for money, would be effective and beneficial having regard to current good practice, and was appropriately funded by the Scheme.

The court considered the evidence presented, including the testimony of Ms M, a Registered Nurse with extensive experience in the disability sector and the Care Service Manager at the applicant's accommodation. The court accepted Ms M's evidence, which detailed the applicant's complex needs and the necessity of ongoing nursing care. The court applied the principles outlined in sections 33 and 34 of the Act, which mandate that for a support to be considered reasonable and necessary, it must assist the participant to pursue their goals, facilitate social and economic participation, represent value for money, be effective and beneficial, and not be more appropriately funded by other systems. The court found that the proposed nursing support met these criteria.

The court set aside the previous decision of the National Disability Insurance Agency and substituted it with an order approving the funding for the Registered Nurse as a reasonable and necessary support for the applicant.