Permanence of condition and kidney transplants - GXYZ and NDIA [2020] AATA 3907
Summary In GXYZ and NDIA [2020] AATA 3907 [opens in new window] the AAT found that a kidney transplant did not constitute a treatment that was likely to remedy nephropathy, in circumstances where the nephropathy was likely to recur after transplant. The balance of the case considers the access requirement of a substantial reduced functional capacity to undertake one of the activities listed in s 24 of the NDIS Act [opens in new window], which the Tribunal found GXYZ did not meet. Facts GXYZ is a 46 year-old who suffers from a number of conditions, including type-2 diabetes, depression and anxiety, and IgA nephropathy, which is a condition that affects the kidneys. He applied for the NDIS, but the NDIA determined that he did not meet the access criteria in s 21 of the NDIS Act [opens in new window]. He sought review of the NDIA's decision in the AAT. At the tribunal hearing, GXYZ put forward evidence from a number of treating doctors, including Dr E, who stated that GXYZ w...