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[2019] AATA 28
General information, not legal advice.
Administrative Appeals Tribunal of Australia
2019-01-17
Original judgment source is linked above.
I certify that the preceding 55 (fifty-five) paragraphs are a true copy of the reasons for the decision herein of Deputy President Gary Humphries
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[1] Although the WHO document is not part of the legislative scheme of the NDIS, the Explanatory Statement to the National Disability Insurance Scheme (Becoming a Participant) Rules 2013 makes it clear that the Rules have drawn upon the document for the purposes of determining eligibility and assessment of need. Counsel for the Agency described the document as a conceptual tool.
[2] it is a term used to describe an individual of a particular weight: extreme or morbid obesity is typically defined as a Body Mass Index (BMI) of more than 40 kg/m2
[3] The 2016 version of these rules in fact govern Mr Schwass's application. Paragraphs 5.4-5.6 are identical to those in the 2013 rules.
Mulligan v National Disability Insurance Agency [2015] FCA 544
Pomeroy and National Disability Insurance Agency [2018] AATA 387
The term 'impairment' commonly refers to a loss of, or damage to, a physical, sensory or mental function (Mulligan and NDIA [2014] AATA 374 at [19]).
The term 'disability' is described in Article 1 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as follows: