Abstract

The number of applications in the Administrative Appeals Tribunal’s NDIS Division (Tribunal) has increased significantly in recent months.

It is likely that clients of ABA therapy providers will at some stage have to go through the dispute resolution process with the NDIA, including commencing proceedings in the Tribunal. Those clients are likely to seek support from the ABA therapy provider throughout that dispute resolution process, for example, requesting that reports or letters of support be prepared for the purpose of Tribunal proceedings. This can give rise to difficult ethical issues for practitioners. It also requires practitioners to address a possible perception of a conflict of interest, because therapy providers stand to benefit from the NDIA agreeing to fund a client’s ABA therapy.

Similarly, there are challenges for the wider ABA profession, particularly if practitioners or experts in ABA are asked to provide independent expert reports for the purpose of Tribunal proceedings. Some ABA practitioners have a desire to communicate their knowledge in order to support parents generally, and also advocate for ABA as a mode of therapy and for the profession generally, but this might be seen by the NDIA or the Tribunal as compromising a practitioner’s independence. 

This presentation will discuss recent Tribunal decisions concerning ABA, and will outline ethical and practical issues concerning both the provision of evidence by therapy providers, as well as independent expert evidence provided by ABA practitioners.

Get to Know Matthew Cobb-Clark

Matthew Cobb-Clark has been a barrister at the NSW Bar since 2018. He practices in a number of areas of law, in particular administrative law. He has appeared in, and provided advice in relation to, a number of cases concerning the NDIS. He blogs about Administrative Appeal Tribunal decisions concerning the NDIS. He is also a member of the NSW Bar Association’s Accessibility Panel, which focuses on improving accessibility to the law for people with disability. 

Matthew completed his Masters degree at City University of London in 2018. His dissertation, which won the Edward Elgar Prize for best dissertation, compared approaches to resolution of disputes concerning special education in England and New South Wales.