NDIS: McGarrigle appeal foreshadowed

The NDIA has announced its intention to have the McGarrigle decision reviewed by the Full Court of the Federal Court of Australia; saying:

Because this is effectively a test case with implications for the long-term financial sustainability of the National Disability Insurance Scheme (NDIS), the NDIA has decided to appeal the Federal Court decision to the Full Court and has lodged an appeal today.

McGarrigle v National Disability Insurance Agency [2017] FCA 308 dealt with whether the NDIS, in considering reasonable and necessary supports, should fund all of Mr Liam McGarrigle’s transport costs or only a portion of them.  The Federal Court held that once a decision is made that a support is reasonable and necessary, then the scheme requires and contemplates that support “will” be funded. … that can only mean wholly or fully funded (at [94]).

With thanks to Janine McIlwraith for noting this announcement.


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