Access to NDIS safeguarded by Federal Court win

The Federal Court has today made a landmark ruling against an appeal by the National Disability Insurance Agency (NDIA) which sought to limit eligibility for people accessing the National Disability Insurance Scheme (NDIS).

The Federal Court clarified that NDIS eligibility does not require people with disability to prove that other services can’t meet their support needs first.

The Federal Court determined that the original ruling by the Administrative Appeals Tribunal (AAT) applied the correct legal test when finding that 69-year-old Sherri Sutherland, represented by Victoria Legal Aid, met access requirements for the NDIS.

It found that access to the NDIS ‘did not require an inquiry into the question whether the supports required by Ms Sutherland would or could be provided by other service systems outside the NDIS’.

Access to the NDIS should be available to any person who meets the already stringent eligibility requirements,' said Associate Director Sam Sowerwine from the Economic and Social Rights Program at Victoria Legal Aid.

'The NDIS should not be a system of last resort that is only available for people with disability whose needs can’t be met anywhere else.'

Sherri said she was relieved by the court’s decision, which means her NDIS support will continue. Sherri lives with a number of serious health conditions including spinal stenosis, stage four degenerative disc disease and neurological impairments.

‘I first applied for the NDIS five years ago. This case has gone on for a long time, but I have continued to fight to have the disability supports I need because without them I cannot look after my health and hygiene or live a life of dignity,’ Sherri said.

‘I am so relieved that I will be able to continue receiving disability supports.’

Sam said Sherri’s case was important because it reduced the practical barrier on people with disability applying to the NDIS.

‘People with disability already experience a range of barriers to living with dignity in the community. They should not face the burden of having to show that all of their support needs cannot be met by other services just to access the NDIS, particularly when available services might also depend on location, can change over time or be cut in the future.

‘Once eligibility is established, the NDIA and government should co-ordinate to deliver supports across service systems taking into account the person’s individual needs and the support available in their community.

‘Today’s landmark decision by the Federal Court reaffirms the central role of the NDIS to ensure people with disability have the support they need to live with dignity and thrive.’

More information

Learn more about the National Disability Insurance Scheme.