Three takeaways from the landmark ‘sex therapy’ case

Snapshot

• In National Disability Insurance Agency v WRMF, the Full Federal Court upheld an AAT decision in which the sex therapy services requested by an applicant under the NDIS were found to be a reasonable and necessary support.
• Except for where the NDIS Act or Rules expressly exclude a type of support, the legislation does not impose hard limits on what is ‘in’ and what is ‘out’ when it comes to ‘reasonable and necessary supports’.
• The judgment includes significant broader takeaways, which may be useful for NDIS participants, their advocates, lawyers and families when dealing with the NDIA.