3. As is clear from the evidence before me, Mr Croker has lived with his permanent impairment of hand pain for many years. The opinion of the treating practitioners is that his hand pain is unlikely to improve, and the medical opinion is consistent in that Mr Croker has done all he can in terms of treatment. The evidence before me did not specify any early intervention supports that could benefit Mr Croker.
4. The Respondent's position is that early intervention would not be considered appropriate for the physical impairments because it is unlikely to reduce future need for supports. The Respondent contends early intervention will not mitigate or alleviate the impact of the impairment, or prevent the deterioration of functional capacity, or improve his functional capacity, or strengthen the sustainability of informal supports as required by s 25(1)(c) of the NDIS Act.
5. I accept the Respondent's submission. I am not satisfied that early intervention would be considered appropriate for the physical impairments because it is unlikely to reduce future need for supports, thus the requirement in s 25(1)(b) of the NDIS Act is not met. It follows that Mr Croker does not meet the early intervention requirements in s 25 of the NDIS Act.
6. Mr Croker does not meet the disability requirements in s 24 or the early intervention requirements in s 25 of the NDIS Act, therefore he does not meet the access criteria to become a participant of the NDIS.

1. The Tribunal affirms the decision under review.

[5] Drake and Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409, 420.

[7] Mulligan v National Disability Insurance Agency [2015] FCA 544 (Mulligan), [51].

[15] r 5.4 of the Access Rules; s 24(1)(b) of the NDIS Act.

[20] National Disability Insurance Agency v Foster [2023] FCAFC 11 (Foster), [64].

[22] Burrows and CEO, National Disability Insurance Agency [2025] ARTA 607 (Burrows), [73]-[95].

[26] Access Guideline, 9; Burrows, [87].

[30] Access Guideline, 9; Burrows, [87].

[35] Access Guideline, 9; Burrows, [87].

[36] Burrows, [87], [89], [90].

[39] Access Guideline, 9; Burrows, [87].