This page provides a list of decisions the AAT has published in applications relating to the National Disability Insurance Scheme. Access the full text of these decisions through the AustLII website or by using the case links below.

If you need help locating copies of our decisions, contact the Tribunal's Principal Registry Library on 07 3361 3080 or email aatweb@aat.gov.au.

Further information about decisions can be found in the brochure AAT decisions: Understanding your decision, and what happens next.

Eligibility to access scheme

Mulligan and National Disability Insurance Agency [2014] AATA 374; 13/6/2014; Senior Member J Toohey, Professor R McCallum, Member

Access criteria – whether applicant meets disability requirements – ischaemic heart disease – cardiomyopathy – Conn’s Syndrome – ruptured discs in lower back – whether impairments substantially reduce functional capacity – whether impairments affect applicant’s capacity for social and economic participation – whether applicant likely to require support under the NDIS for his lifetime – decision under review affirmed.


Mulligan and National Disability Insurance Agency [2015] AATA 974; 17/12/2015; Senior Member J Toohey

Access criteria – whether applicant meets disability requirements – ischaemic heart disease – cardiomyopathy – Conn’s Syndrome – lumbar disc injury – sciatica –– whether applicant has a disability attributable to an impairment – chronic health conditions – whether impairments permanent or likely to be permanent – whether impairments substantially reduce functional capacity – whether impairments affect applicant’s capacity for social and economic participation – whether applicant likely to require support under the NDIS for his lifetime – decision under review affirmed.

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Reasonable and necessary supports

Young and National Disability Insurance Agency [2014] AATA 401; 20/6/2014; Senior Member J Toohey, Senior Member J Handley

Emphysema – diabetes – portable oxygen concentrator – insulin pump – whether supports most appropriately funded or provided through the NDIS or more appropriately funded or provided though the health system – decision that both more appropriately funded through the health system affirmed.


TKCW and National Disability Insurance Agency [2014] AATA 501; 23/7/2014; Senior Member J Toohey, Mr I Thompson, Member

Child – Autism Spectrum Disorder – early intervention requirements – reasonable and necessary supports – The Listening Program – current good practice – child care support – decision under review affirmed.


ZNDV and National Disability Insurance Agency [2014] AATA 921; 25/11/2014; Deputy President K Bean, Mr I Thompson, Member

Early intervention requirements – Asperger’s disorder – Reasonable and necessary supports – Occupational therapy room and equipment in applicant’s home – Whether support represents value for money – Support not reasonable, relative to likely benefits – Decision under review varied to incorporate terms of further plan agreed to by parties.


McCutcheon and National Disbility Insurance Agency [2015] AATA 624; 21 August 2015; Senior Member J Toohey

Spina bifida – scoliosis – whether chiropractic treatment a reasonable and necessary support – whether chiropractic treatment will be, or is likely to be, effective and beneficial having regard to current good practice – whether most appropriately funded through the NDIS – whether more appropriately funded through general health system – decision under review set aside.


Fear by his mother Vanda Fear and National Disability Insurance Agency [2015] AATA 706; 14/9/2015; Senior Member J Toohey, Ms R Perton, Member

Acquired brain injury – applicant cared for at home – participant in the NDIS – reasonable and necessary supports – whether a pulse oximeter a reasonable and necessary support – whether bedside and portable oral suctioning machine a reasonable and necessary support – whether most appropriately funded under the NDIS – whether more appropriately funded under the general health system – decision under review affirmed.


PNMJ and National Disability Insurance Agency [2015] AATA 866; 11/11/2015; Senior Member J Toohey, Ms R Perton, Member

Child – early intervention requirements –reasonable and necessary supports – whether full-time in-home care a reasonable and necessary support – what is reasonable to expect families, carers, informal networks and the community to provide – mother also a participant in the NDIS – decision under review varied.

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Tribunal jurisdiction

Burston and National Disability Insurance Agency [2014] AATA 456; 4/7/2014; Senior Member J Toohey

Participant’s plan – meaning of reviewable decision – whether the National Disability Insurance Agency made a decision that the Tribunal has jurisdiction to review – no jurisdiction to review.

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