WRMF v National Disability Insurance Agency [2019] AATA 1771 – May 2020
The respondent, a woman in her 40s, sought a review of an NDIA decision requiring the Tribunal to consider whether sexual therapy at a cost of $10,000 per year was a reasonable and necessary support for an applicant with Multiple Sclerosis.
Prior to her illness the respondent had an active sex life, but her medical condition is such that the prospect for her of sexual release of any kind without assistance is highly unlikely.
The NDIA argued that the applicant was seeking the services of a replacement sexual partner. However, the Tribunal noted:
“The applicant does not seek the services of a sex worker. Rather she seeks the services of a specifically trained sex therapist.”
On appeal to the Administrative Appeals Tribunal (AAT), the Tribunal held that the claimed support from a specially trained sex therapist was a reasonable and necessary support. The NDIA appealed that decision to the Federal Court on five grounds of appeal, all of which were dismissed.
The Court’s decision clearly states that sexual services may, depending on the circumstances of the applicant, be reasonable and necessary supports and capable of being funded under the NDIS. It rejected the NDIA’s blanket statement that the NDIS simply does not fund those kinds of supports. It was, once again, a judicial statement that emphasises the fact that the focus of the NDIS must be on the needs of the individual, rather than blanket policy.
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