Analysing NDIS Act Section 24(1)(a)
Defining Attribution
What 'Attributable To' Really Means
When the National Disability Insurance Scheme (NDIS) Act 2013 talks about a disability being 'attributable to' an impairment, it's using a specific legal definition. The focus isn't on your medical diagnosis, but on the loss of function it causes. This is a crucial distinction.
A medical condition is the 'what you have,' like Multiple Sclerosis. The impairment is the 'what it does to you,' like affecting your mobility or cognitive function. The NDIS is concerned with the latter.
To be eligible under this part of the Act, a person's disability must be caused by an impairment that falls into one of five specific categories listed in Section 24(1)(a):
- Intellectual
- Cognitive
- Neurological
- Sensory
- Physical
Your disability must be 'attributable to' at least one of these. For example, a diagnosis of Multiple Sclerosis doesn't automatically grant access. The NDIS looks at whether the MS has resulted in a neurological or physical impairment that causes the disability.
The Legal Definition of Impairment
The meaning of 'impairment' itself has been clarified through in the courts. A key case is Mulligan and National Disability Insurance Agency, which was heard by the (AAT). The AAT's decisions help clarify how the NDIS Act should be applied in practice.
In the Mulligan case, the AAT looked to the World Health Organisation's definition and dictionary meanings to define the term. This led to a clear statement on what 'impairment' means in the context of the NDIS.
The AAT defined 'impairment' as a 'loss or abnormality of psychological, physiological or anatomical structure or function'. Essentially, it’s the loss of, or damage to, a mental or physical function of the body.
Let's apply this. A person with an acquired brain injury (the medical condition) might experience memory problems and difficulty with planning. This is a loss of function, so it's a cognitive impairment. If they also have trouble with balance and walking, that's a loss of physical function—a physical impairment.
The NDIS assesses these specific impairments to determine eligibility, not the brain injury diagnosis itself. It's about what the body can and can't do, and whether that functional loss is attributable to one of the five core categories.
Understanding this distinction between a diagnosis and a functional impairment is the first step in navigating the NDIS eligibility criteria. It shifts the focus from a medical label to the real-world impact of a person's condition.