WhatsUp in Disability

Why Federal Court Decisions Matter

In the legal world, the Federal Court is higher in the pecking order than the AAT. Unlike AAT decisions, Federal Court decisions set precedents, meaning that the NDIA and the AAT must follow them. However, the Agency doesn’t have the best track record when it comes to this point. It’s still pretty difficult to access sex work through the NDIS, for example, even though the Federal Court deemed it a reasonable and necessary support for a participant. And we hear the NDIA’s stubbornness on the so-called three levels of transport, which the Federal Court found to be in conflict with the NDIS Act for Mr. McGarrigle in 2017, is still causing issues. Perhaps the new leadership will update guidelines and practices based on the learnings we have obtained from the AAT and Federal Court. Until then, it’s critical that people with disability, advocates, nominees, and providers are aware of this decision and their rights to review decisions.

The impact of NDIA v Davis should not be underestimated, as it has the potential to significantly expand the population eligible for NDIS support. This has already been a mammoth year for the NDIS. With the 10 -year review announced, Scheme sustainability on the government’s mind, and legal pressure to expand the Scheme to new entrants, the new leadership has its work cut out. But it’s exciting times ahead for those who, thanks to this clarification, can access worldclass supports for the first time.

To obtain a copy of WhatsUp in Disability magazine or to be a sponsor, please contact WhatsUp via: Office 11-15 Alexander Street, Toowoomba Email admin@whatsupindisability.org Online www.whatsupindisability.org

WhatsUp in Disability

Stories in this issue include:

• Laura Scurr

• Business disABILITY Awards

• Adaptive Equipment • Carers Petition

• That TMR Photo

• Kurt Fearnley NDIA Chair • Getting the most from your NDIS • Respect@Work

Click on the above magazine cover to read this online at Issuu.