NDIS - Cases and Commentary

Key points In WRMF and NDIA [opens in new window] the Tribunal has decided that a person with multiple sclerosis was entitled to receive NDIS funding for the services of a sex therapist to enable her to achieve sexual release. The person's condition means that she is unable to find a sexual partner and unable to otherwise achieve sexual release.  The Tribunal expressly avoided deciding the issue of whether it was reasonable and appropriate for the NDIS to fund the services of a sex worker (as distinct from a sex therapist) for a person with disability.  The person's particular circumstances were discussed in a confidential annexure to the judgment which is not available to the public. The Tribunal's public judgment also stressed that her circumstances were unique and unusual. These factors mean that this decision has little value as a precedent, but it still raises interesting issues that the NDIA will likely have to confront in the future. Facts The applicant is...

Note The Tribunal handed down decisions in FRCT and NDIA [opens in new window] and  WKZQ and NDIA [opens in new window]. These cases concern NDIS funding for Applied Behaviour Analysis ( ABA ) for Autism Spectrum Disorder ( ASD ). The two decisions relate to twin boys - the Tribunal decided to issue separate decisions to reflect the difference in the circumstances of each boy, but they are considered jointly in these blog posts.  Given the size and importance of these decisions, they are covered in two blog posts. The first blog post sets out the facts and the evidence considered by the Tribunal. The second blog post sets out the Tribunal's analysis and consideration of s 34 of the NDIA Act, as well as my analysis of the cases. Facts FRCT and WKZQ are twin boys with autism spectrum disorder ( ASD ). Each became a participant in the NDIS. Each boy's second plan provided for a budget of $23,756.20 for "early childhood intervention supports to work together withi...

Note The Tribunal handed down decisions in  FRCT and NDIA  [opens in new window] and  WKZQ and NDIA  [opens in new window]. These cases concern NDIS funding for Applied Behaviour Analysis ( ABA ) for Autism Spectrum Disorder ( ASD ). The two decisions relate to twin boys - the Tribunal decided to issue separate decisions to reflect the difference in the circumstances of each boy, but they are considered jointly in these blog posts.  Given the size and importance of these decisions, they are covered in two blog posts. The first blog post [opens in new window] sets out the facts and the evidence considered by the Tribunal. The second blog post sets out the Tribunal's analysis and consideration of s 34 of the NDIA Act, as well as my analysis of the cases. The Tribunal's analysis At [99] the Tribunal noted that there were two alternative models of support for FRCT and WKZQ. The applicants wanted funding for intensive ABA therapy and speech therapy, wh...