NDIS: Early intervention for mental health

BBMC and National Disability Insurance Agency [2018] AATA 386 saw the Tribunal uphold an NDIA decision that the applicant did not meet the access requirements in the NDIS Act. She had lodged an application on the basis of anxiety disorder and other symptoms.

The Tribunal commented at [40] that it does not follow that the NDIS should assume responsibility for the applicant’s psychotherapy support simply because she does not receive adequate treatment and support through the health system, and went on to hold at [41]:

The National Disability Insurance Scheme (Supports for Participants) Rules 2013 clearly state that the NDIS will not be responsible for supports related to mental health that are clinical in nature, including continuing care. I am satisfied that the psychotherapy support the applicant is seeking to have funded through the NDIS is support that relates to mental health and is clinical in nature. It is also my view that the list of supports at Appendix 1 to the Planning Operational Guideline implies the inclusion of psychotherapy as this comprises ‘clinical care in the community’.

Accordingly the applicant did not meet the requirement in section 25(3) of the Act.



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