NDIS - Cases and Commentary

Key points In NDIA v WRMF [2020] FCAFC 79 [opens in new window] the Full Court of the Federal Court of Australia has rejected the NDIA's blanket position that sexual services cannot be funded under the NDIS. This allows individuals who because of their disability are unable to achieve sexual release to seek funding for sexual services through the NDIS.  Those sexual services could be provided by a person described as a sex therapist or a sex worker. However, it is more likely that funding for those supports will be approved by the NDIS or Tribunal if they are provided by a person that has experience or formal or informal training in providing sexual services to people with disability. It is important to remember that each case turns on its facts, and the facts of this case are particularly unusual. Facts The facts, as well as a description of the proceedings before the Tribunal, can be found here [opens in new window]. Appeal In a unanimous decision, the Full Co

Key points In XXWC and NDIA [2020] AATA 923 [opens in new window] the Tribunal considered two different types of early intensive behavioural intervention ( EIBI ) for autism spectrum disorder ( ASD ). These are Applied Behaviour Analysis ( ABA ), which is a field of behaviour intervention that uses the science of learning and behaviour, and the Early Start Denver Model ( ESDM ), which is a multidisciplinary form of EIBI that adopts some principles from ABA, but which is different to it. The Tribunal found that both ABA and ESDM are supported in the literature and may be a reasonable and necessary support for a child with ASD, depending on the child's circumstances. In the circumstances of XXWC, it found that ESDM was the reasonable and necessary support, because XXWC had benefited from ESDM over the previous year. Facts XXWC is a three year old boy who was diagnosed with ASD when he was 18 months old. His first NDIS plan provided for $39,196.62 for the provision of early c