NDIS - Cases and Commentary

Key Points In McKenzie and NDIA [2019] AATA 3275  [opens in new window] the Tribunal determined that replacement of a home air conditioning system was a reasonable and necessary support for a person whose multiple sclerosis ( MS ) worsened in high temperatures or when the temperature changed. This is a useful decision because it emphasises that social and economic participation for the purposes of s 34 of the NDIS Act can still take place even in one's own home.  The decision also emphasises that whether something represents day-to-day spending that the NDIS will not cover, or a disability support that the NDIS will cover depends on the nature of the disability and its effects on the person. What is a discretionary item for a person without a disability may not be a discretionary item for a person with disability. Facts Mr McKenzie lives in far north Queensland. He has MS. The symptoms of his conditions worsen when his core body temperature rises and when h...

Key Points The decision of BGBZ and NDIA [2019] AATA 3505  [opens in new window] involves an application by a mother, who had divorced her husband, to become the sole person with parental responsibility for her child under the NDIA Act. If there are multiple people with parental responsibilities for a child who is a participant in the NDIA, the NDIA has the power to direct that one of those people has sole parental responsibility under the NDIS Act. This would give that person solely the ability to make decisions about e.g. the plan or services obtained by the child under the NDIS. The power to make such a direction is discretionary; the NDIA is not required to make such a direction. A decision to make, or not make, such a direction is reviewable by the Tribunal. In reviewing the decision the Tribunal is bound by the factors set out in the  National Disability Insurance Scheme (Children) Rules 2013  ( Children Rules ) [opens in new window]. Background The app...