For the reasons set out above, the Tribunal is satisfied that the correct and preferable decision in this case is to set aside the decision under review and to direct that the following supports meet the requirements of a reasonable and necessary support as defined in the NDIS Act:
1. 4 hours per week of ABA therapy;
2. 65 hours per annum of speech therapy (including 20 hours for travel and 5 hours for collaboration and report writing);
3. 65 hours per annum of occupational therapy (including 20 hours for travel and 5 hours for collaboration and report writing);
4. 16 hours of weekday support worker assistance; and
5. 16 hours per month of weekend support worker assistance.

.....................[SGD]........................

Counsel for the Respondent: Mr Kristina Grinberg

Solicitor for the Respondent: Ms Tereena Martin of Maddocks Lawyers

[1] Documents lodged under s 37 of the Administrative Appeals Tribunal Act 1975 (Cth) ('TD').

[3] Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634; Madelaine and National Disability Insurance Agency [2019] AATA 4025.

[4] National Disability Insurance Agency, 'Operational Guidelines: Overview of the NDIS Operational Guideline' .

[5] G v Minister for Home Affairs [2019] FCAFC 79 [18].

Review Tribunal Act 2004

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

Appeals Tribunal Act 1975

Disability Insurance Scheme (Supports for Participants) Rules 2013

Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024

Review Tribunal Act 2024

Disability Insurance Scheme Act 2013

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

National Disability Insurance Scheme (Supports for Participants) Rules 2013

QGYX and National Disability Insurance Agency (NDIS) [2025] ARTA 1542 (11 August 2025)

G v Minister for Home Affairs [2019] FCAFC 79 [18]

McGarrigle v National Disability Insurance Agency [2017] FCA 308

Madelaine and National Disability Insurance Agency [2019] AATA 4025

QGYX and National Disability Insurance Agency (NDIS) [2025] ARTA 1542 (11 August 2025)

At a glance

Court

Decision date

Source

Judgment (12 paragraphs)

Legislation Cited (9)

Cases Cited (4)

QGYX and National Disability Insurance Agency (NDIS) [2025] ARTA 1542 (11 August 2025)