The National Disability Insurance Scheme and Administrative Decision-Making: Unique Challenges and Opportunities

The National Disability Insurance Scheme provides financial support to persons with disabilities. The NDIS Division of the Administrative Appeals Tribunal was established to review certain decisions, including whether a person meets the access criteria for the Scheme or the reasonable and necessary supports in a participant's plan. This article examines challenges and opportunities for administrative decision-making within the framework of the Scheme. Key themes from decisions made by the Tribunal and the Courts emerge, such as the inherent tension between the objects in the legislation with the requirement to ensure the financial sustainability of the Scheme. Many applicants to the Tribunal have had a difficult history of seeking supports for their disabilities. Traversing these issues requires Tribunal Members to be legally accurate and culturally competent. Statistics from the Tribunal show a clear trend towards parties settling prior to hearing, raising questions about the effect of adversarial hearings on persons with disabilities and transparency of outcomes.