Recent Cases

National Disability Insurance Agency v Foster [2023] FCAFC 11 (17 February 2023) (Katzmann, Perry and Sarah C Derrington JJ)


Catchwords:


ADMINISTRATIVE LAW – National Disability Insurance Scheme – Disability requirements – whether respondent had substantially reduced functional capacity to undertake the activity of “self-care” within the meaning of s 24(1)(c) of the National Disability Insurance Scheme Act 2013 (Cth) – whether Administrative Appeals Tribunal correctly construed r 5.8 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth) to deem the respondent to be unable to participate “effectively or completely” in “self-care”

ADMINISTRATIVE LAW – National Disability Insurance Scheme (NDIS) – Disability requirements – likely requirement for lifetime support under the NDIS 24(1)(e) of the National Disability Insurance Scheme Act 2013 (Cth) – where Administrative Appeals Tribunal found respondent’s current support not comparable to that available under the NDIS – whether proper question was whether likely supports more appropriately funded through systems or services other than the NDIS

STATUTORY INTERPRETATION – National Disability Insurance Scheme – National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth) r 5.8 – construction – “self-care” – “assistive technology, equipment” – “effectively or completely”