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.

[2] Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (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].

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

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

[20] Noting that two further sessions would be required, but that the Applicant had one visit left under his Enhanced Primary Care Plan.

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

Disability Insurance Scheme (Becoming a Participant) Rules 2016(Cth)

Review Tribunal Act 2024

Disability Insurance Scheme Act 2013

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

Nicholson and National Disability Insurance Agency (NDIS) [2025] ARTA 710 (6 June 2025)

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

National Disability Insurance Agency v Foster

At a glance

Court

Decision date

Source

Judgment (7 paragraphs)

Parties

Legislation Cited (4)

Cases Cited (4)

Nicholson and National Disability Insurance Agency (NDIS) [2025] ARTA 710 (6 June 2025)