The Applicant has received long-term medical treatment and review from a neurologist, endocrinologist and other specialists. This has not led to a significant change in his level of impairments arising from his neuropathic and spinal conditions. His treating specialists and a pain specialist undertaking an independent assessment have stressed that these conditions are degenerative in nature and will not improve.
There is no evidence before me that early intervention supports would build the Applicant's capacity in any domain to such an extent that it would reduce the functional impact of the his impairments. The requirements of paragraph 25(1)(b) of the Act are therefore not met.
Having concluded that the Applicant does not meet the requirements of paragraph 25(1)(b) of the Act, I am therefore not required to consider paragraphs 25(1)(c) and (d) of the Act.
As section 25 of the Act is not met, the Applicant does not meet the early intervention requirements that would enable him to become a NDIS participant under this provision.

The Applicant does not meet the disability requirements set down in section 24 of the Act, nor does he meet the early intervention requirements in section 25 of the Act.
Therefore, the decision under review is correct and so is affirmed pursuant to subsection 105(a) of the Administrative Review Tribunal Act 2024 (Cth).

[3] Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth) (the Transitional Act), applications for review to the AAT that were not finalised before 14 October 2024 are taken to be an application for review to the Tribunal. The Transitional Act gives the Tribunal the authority to continue and finalise any aspect of the review not already completed by the AAT.

[4] Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 at [635].

[7] Mulligan v National Disability Insurance Agency [2015] FCA 544 (Mulligan).

[9] National Disability Insurance Agency v Foster [2023] FCAFC 11 (Foster) at [64].

[55]National Disability Insurance Agency, Our Guidelines - Becoming a participant - Applying to the NDIS, (14 October 2024) (Web Page), .

[56] National Disability Insurance Agency v Davis [2022] FCA 1002 (Davis)

[66] Madelaine and National Disability Insurance Agency [2020] AATA 4025 (Madelaine), [109].

[67] Timofticiuc and National Disability Insurance Agency [2021] AATA 3015, [96].

[80] Rooney and National Disability Insurance Agency [2021] AATA 3523.

Review Tribunal Act 2024

Review Tribunal (Consequential and Transitional Provisions No. [1) Act 2024

Disability Insurance Scheme Act 2013

Disability Insurance Scheme (Becoming a Participant) Rules 2016

Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. [1) Act 2024

NARAIN and National Disability Insurance Agency (NDIS) [2025] ARTA 679 (3 June 2025)

G v MIBP [2018] FCA 1229

National Disability Insurance Agency v Foster [2023] FCAFC 11

Mulligan v National Disability Insurance Agency [2015] FCA 544

National Disability Insurance Agency v Davis [2022] FCA 1002

Madelaine and National Disability Insurance Agency [2020] AATA 4025

Timofticiuc and National Disability Insurance Agency [2021] AATA 3015

Rooney and National Disability Insurance Agency [2021] AATA 3523

G v MIBP

At a glance

Court

Decision date

Source

Judgment (13 paragraphs)

Parties

Legislation Cited (5)

Cases Cited (9)

NARAIN and National Disability Insurance Agency (NDIS) [2025] ARTA 679 (3 June 2025)