National Disability Insurance Agency v WRMF [2020] FCAFC 79 (12 May 2020) (Flick, Mortimer and Banks-Smith JJ)


Catchwords:


HUMAN RIGHTS – National Disability Insurance Scheme – funding of supports and services – where respondent an approved participant under the Scheme – where decision‑maker declined request for funding of claimed support – where Administrative Appeals Tribunal found claimed support of a specially trained sex therapist was a reasonable and necessary support – appeal from decision of Tribunal – whether Tribunal denied applicant procedural fairness by manner in which it described and understood the nature of claimed support requested by respondent -whether Tribunal properly approached question as to whether claimed support reasonable and necessary – application of s 34 of National Disability Insurance Scheme Act 2013 (Cth) – whether Tribunal’s findings of fact supported by evidence