The NDIA's obligation to seek further information from applicants - FSQQ and NDIA
Key points The Tribunal has confirmed that a 'beneficial approach' should be taken to interpreting the NDIS Act. The Tribunal has emphasised that if the NDIA thinks that the information provided to it by an applicant about their disability is insufficient, then the NDIA is under an obligation to seek further information from the applicant. Facts The applicant had a number of health conditions. Her GP filled in an Access Request - Supporting Evidence Form that listed a number of these conditions and gave it to the NDIA. The form did not specifically mention that the applicant had depression, however the GP included a medical report that said in part that the applicant's health was complicated by depression and that she would need effective antidepressant therapy. The NDIA decided that she did not meet the access criteria for the NDIS. The applicant sought internal review of this decision and the NDIA affirmed its decision. The applicant sought review of this d...