The NDIA Interpretations Aren’t Always Correct
The decisions the NDIA make have to be based on the various Acts of Parliament and Regulations that relate to the scheme. While the NDIA interprets these they are not always correct. Also some of the policies that we hear from NDIA and LAC staff seem to be localised policies that seem to not have a basis in law. This is no fault of the staff or anyone in the organisations, this is a complex space with broad legislation and people need to develop policies and procedures to make the scheme operate. If a decision is not favourable it is worth checking its basis.
Rejection of Access to the NDIS
Schwartz and National Disability Insurance Agency  AATA 311 (19 February 2021)
The AAT over ruled the Agency and Ms Schwartz was found to meet the disability requirements under the Act.
NDIA’s Processes are Unduly Complicated and Confusing
Holland and National Disability Insurance Agency  AATA 92 (2 February 2021)
The AAT found that the Agency’s processes are unduly complicated and c0nfusing for all concerned and should be addressed in the interests of good public administration. The AAT also stated that cases because of this are far too common.
Rejection of Assistance Dog as Reasonable and Necessary
TYKL and National Disability Insurance Agency  AATA 135 (2 February 2021)
The AAT found that an assistance dog was a reasonable and necessary support.
The NDIA argued that it can’t provide a support if that support doesn’t yet exist (as in the dog hadn’t been identified). The AAT found that no such limitation exists.