Navigating the NDIS can be challenging, especially when funding requests are denied for supports that are crucial for a participant’s development and well-being. The recent tribunal decision in WWWX and National Disability Insurance Agency (NDIS) [2024] ARTA 285 overturned several NDIS funding denials, providing a key precedent for families seeking support for children with high needs.
If you are struggling with an NDIS funding appeal, this case can serve as a blueprint for successfully advocating for therapy, support workers, and skill-building activities such as swimming lessons.
This article will explain:
- What the WWWX case was about
- Which supports were approved and why
- How the tribunal applied the 'best interests of the child' principle
- How you can use this decision to strengthen your NDIS funding requests
What Was the WWWX Case About?
The participant, WWWX, is a young child with:
- Autism Spectrum Disorder (Level 3)
- Hypermobility affecting motor skills and coordination
- Severe separation anxiety impacting his ability to attend early childhood education
His parents requested several supports to help with therapy, early education, and life skills, but the NDIS denied many of them, arguing that they were:
- Not “reasonable and necessary” under section 34 of the NDIS Act
- A parental responsibility rather than an NDIS-funded support
- Not cost-effective or value for money
The family challenged the decision at the Administrative Review Tribunal (ART) and successfully secured multiple supports that had previously been refused.
What Was the WWWX Case About?
The participant, WWWX, is a young child living with:
- Autism Spectrum Disorder (Level 3)
- Hypermobility impacting coordination and motor skills
- Severe separation anxiety limiting access to early education
His parents requested several supports to address therapy needs, help with early learning, and build essential life skills. The NDIA initially denied many of these requests, arguing they were:
- Not reasonable and necessary under section 34 of the NDIS Act
- A parental responsibility rather than an NDIS-funded support
- Not cost-effective or value for money
The family challenged the decision at the Administrative Review Tribunal—and won.
Which Supports Did the Tribunal Approve?
The tribunal ruled that several supports were reasonable and necessary under the NDIS Act. These included:
1. One-on-One Swimming Lessons – $715
Initial decision: Denied as a "typical childhood expense"
Tribunal ruling: Approved
Why?
- WWWX's impulsivity and poor safety awareness posed a serious drowning risk
- Communication and behavioural challenges made group lessons inaccessible
- Physiotherapy evidence supported swimming to improve core strength and coordination
💡 Takeaway: Swimming lessons may be funded if the child has safety risks or disability-related barriers to group participation.
2. Occupational and Speech Therapy – 52 Hours Each Per Year
Why?
- Therapies were clearly linked to functional improvement
- Supported development in communication, regulation, and participation
What was approved:
- 52 hours of speech therapy + travel + reporting
- 52 hours of occupational therapy + travel + reporting
💡 Takeaway: The stronger the link between therapy and improved daily function, the more likely it will be funded.
3. Dietician Support – 4 Hours Per Year
Why?
- Needed to address sensory challenges and restrictive eating
- Clinical evidence showed the participant was at nutritional risk
💡 Takeaway: Where feeding challenges are linked to disability, dietetic support may be considered reasonable and necessary.
4. Support Worker for Transition to Education
Why?
- Severe separation anxiety prevented access to early education
- Support worker hours were approved for gradual transition
- Tribunal ordered an assessment to determine exact hours
💡 Takeaway: Transition supports can be funded where emotional regulation challenges create a barrier to education.
Which Supports Were Denied?
The tribunal did not approve:
- Fixed 25 hours/week of support worker time – It ordered a flexible, assessment-based approach instead
- Sunday respite (5 hours/week) – While it acknowledged carer fatigue, it found WWWX wasn’t yet ready for respite care
- Physiotherapy and home therapy equipment (e.g., play gym) – Cheaper alternatives like swimming were seen as sufficient
How the Tribunal Applied the ‘Best Interests of the Child’ Principle
Under Section 5(f) of the NDIS Act, decisions affecting child participants must prioritise their best interests. The tribunal considered:
- Safety – Swimming lessons were approved to reduce drowning risk
- Development – Therapy and support worker access promoted independence and participation
- Family well-being – While full respite was denied, gradual support for transition recognised the need to reduce parental stress
💡 Key point: Supports that reduce harm, support development, and preserve family functioning are more likely to be viewed as reasonable and necessary.
Using This Decision to Strengthen Your NDIS Request
Here’s how to apply lessons from this case to your own appeal:
Seeking Swimming Lessons?
- Get OT/physio/psych reports linking swimming to therapy goals
- Explain why group lessons aren’t suitable
- Emphasise safety risks
Needing Support Worker Hours for Transition?
- Provide reports outlining barriers to education (e.g., anxiety)
- Suggest a short-term, assessment-based approach
- Highlight long-term savings from early intervention
Advocating for Respite?
- Document the daily care burden
- Emphasise short-term supports that lead to respite
- Frame supports as strengthening family stability, not replacing parental care
Final Thoughts: Why the WWWX Case Matters
This decision reinforces that NDIS funding must be tailored to each child’s specific needs, not generalised assumptions.
Key lessons:
- Safety risks can justify therapy or activity-based supports
- Support worker hours must relate to participation or access barriers
- Therapies must be linked to long-term functional gains
- Best interests of the child should always be front and centre
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