Federal Court Upholds NDIS Support for Mobility Scooter
The Federal Court has directed the National Disability Insurance Agency (NDIA) to fund a mobility scooter for an NDIS participant, Lee Eastham. This ruling is considered significant, as experts suggest it could broaden the scope of supports available to individuals with multiple disabilities.
Case Background
Lee Eastham, who has hearing and vision impairments along with other medical conditions limiting his mobility, requested the NDIA fund a $7,300 mobility scooter in 2022. He sought the scooter for independent travel to appointments, shopping, and volunteering in regional Victoria.
The NDIA initially denied the request, arguing the need for the scooter stemmed from his physical conditions, not the hearing and vision impairments that granted him NDIS access. The agency also contended that his inability to drive was due to Victorian road traffic legislation, not his low vision.
Appeals Process and Outcome
Mr. Eastham appealed the NDIA's decision to the Administrative Review Tribunal (ART), which ruled in his favor.
The NDIA subsequently appealed this to the Federal Court, which upheld the ART's decision, also ruling in favor of Mr. Eastham. The Federal Court additionally directed the NDIA to cover Mr. Eastham's costs for both the ART and Federal Court proceedings.
Mr. Eastham expressed that the ruling would benefit not only himself but also others facing similar processes.
Implications of the Decision
The Federal Court clarified that the NDIA must assess participants considering the combined effects of all their conditions, not just those that provided NDIS access, and account for environmental factors such as local transport availability.
Justice Lisa Hespe cautioned the NDIA against overly prescriptive decision-making regarding participant supports, emphasizing the need for "logic" and "common sense." The court also rejected the NDIA's distinction between a "motorised mobility device" and a "personal mobility device."
Solicitors from the Justice and Equity Centre and Villamanta Disability Rights Legal Service stated that the ruling mandates a change in how the NDIA interprets the NDIS Act and makes future decisions on participant plans, requiring a holistic view of individuals.
NDIS Scheme Context and Agency Conduct
The ruling occurs as the federal government aims to reduce NDIS costs, projected to exceed $50 billion this financial year. Mr. Eastham criticized the NDIA for the extensive legal costs incurred fighting his case, which he estimated to be significantly higher than the scooter's cost.
NDIS caseloads at the ART increased by 95 percent in 2024–25 compared to the previous year, with approximately three-quarters of NDIA decisions being reversed.
Documents show the NDIA spent $60 million on external lawyers for tribunal cases last financial year. Legal professionals suggested the NDIA's persistent appeal in Mr. Eastham's case was likely focused on setting a precedent.
A NDIA spokesperson affirmed the agency's commitment to making funding decisions in line with the NDIS Act and respecting participants' right to seek reviews.