AAT NDIS Decision Digest

Introduction

This digest has been prepared by the Living with Disability Research Centre at La Trobe University. It aims to summarise a selection of Administrative Appeals Tribunal (AAT) decisions about the NDIS published in the preceding three months and highlight overarching themes.

By drawing out the implications of AAT decisions for interpreting the provisions of the scheme the digest will help to inform scheme participants, supporters and advocates and those involved in its administration. The primary intended audience are people who have some familiarity with the scheme, including Partners in the Community organisations, advocacy organisations, peak bodies and disability service providers.

The digest has several parts.

  • An explanatory section, introducing the AAT and the core concepts in the NDIS legislation, with links to more detailed information.
  • A thematic summary of AAT decisions summarised in this edition of the digest.
  • Decision summaries, each organized under the headings: decision category, questions addressed, facts, Tribunal reasoning, outcome and significance.

This work is funded by the Brotherhood of St Laurence, to help support the development of a sustainable NDIS that is true to its original purpose. It is intended to be freely available. The authors are Dr Darren O’Donovan, Professor Christine Bigby and Professor Jacinta Douglas from the La Trobe University Living with Disability Research Centre.

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Winter 2019

The Winter 2019 digest offers an overview of some important themes arising from recent Administrative Appeals Tribunal (AAT) decisions about the NDIS.

By exploring recent AAT decisions, this Digest aims to capture the way the Tribunal is dealing with some of the common issues raised in appeals against NDIS decisions. As with the summaries, the circumstances of each individual must be considered in conjunction with broader themes.

In this edition, we highlight five issues that have featured in some recent AAT decisions:

  • The need for a proper and balanced use of operational guidelines
  • Downsides of flexible use of funding
  • The health system and the NDIS interface
  • The importance of impairment
  • Availability and access do not affect ‘availability’ of treatment

> Download the Winter 2019 quarterly digest of published decisions about the NDIS from the Administrative Appeals Tribunal. [PDF: 2.9mb]

Spring 2018

Here are some of the key themes arising from the AAT decisions summarised in this Spring 2018 edition of the digest.

We also provide an explanatory section, introducing the AAT and the core concepts in the NDIS legislation, with links to more detailed information.

By looking across AAT decisions we aim to capture the way the AAT is dealing with some of the common issues raised in appeals against NDIS decisions. As with the summaries, the circumstances of each individual must be considered in conjunction with broader themes. In this edition, we highlight five issues that have featured in these decisions:

  • The purpose and significance of support coordination
  • Maintaining capacity of family and unpaid carers
  • Perspectives on choice
  • Importance of evidence
  • Interfaces between NDIS and other systems

> Download the Spring 2018 quarterly digest of published decisions about the NDIS from the Administrative Appeals Tribunal. [PDF: 2.8mb]