Update on National Disability Insurance Agency v McGarrigle appeal

Update on National Disability Insurance Agency v McGarrigle appeal

Friday, 25 August 2017

The Full Court of the Federal Court on Monday 21 August 2017 dismissed an application for appeal made by the National Disability Insurance Agency (NDIA).

The matter involving 21-year-old Liam McGarrigle will now be returned to the Administrative Appeals Tribunal (AAT) for re-consideration.

This follows a ruling made by Judge Mortimer of the Federal Court on 28 March 2017. That ruling also made it clear that laws governing the NDIS do not allow the agency to only partially fund reasonable and necessary supports.

In its public statement of 18 April 2017, the NDIA said that it appealed this decision because of its ‘implications for the long-term financial sustainability of the NDIS.’

Liam has autism spectrum disorder and an intellectual disability. He needs to use taxis because he can’t drive, and there is no public transport available in the small town of Moriac. In effect, this meant that his family was being asked to pay $4000 each year for Liam to be able to go to work and to participate in a disability and social group.

Reconsideration of this matter by the AAT will have implications for other people supported through the scheme. It will apply to funding of all NDIS supports.

'Not fully funding NDIS supports shifts the burden onto families and undermines the intention of the scheme.’

'People with a disability, their families and carers should not be forced to bear a financial burden because of the way the National Disability Insurance Agency makes funding decisions.’

Dan Nicholson, Executive Director Civil Justice, Access and Equity

More information

Read the Federal Court ruling at National Disability Insurance Agency v McGarrigle [2017] FCAFC 132.

Read about the Federal Court win that was unsuccessfully appealed at NDIS test case win for young Liam McGarrigle in Federal Court.

We also made a submission to the Productivity Commission’s inquiry into NDIS costs. In that submission, we said that not all participants are benefiting from the scheme and that this is eroding the intentions of scheme.

How we can help

See Your appeal rights and the National Disability Insurance Scheme