Rydyr and CEO, National Disability Insurance Agency (NDIS)
[2026] ARTA 1273 · 10 July 2026 · Decided on the papers
“The Tribunal finds that the Applicant has the ability to independently participate in a range of tasks and actions that are comprised in the various activities and domains considered by section 24(1)(c).”
What the record established
Ms Rydyr has osteoarthritis and cervical facet joint disease. The Agency accepted that she has a permanent impairment, and accepted that her function is reduced. Neither was in dispute.
She relied on a functional capacity assessment by an occupational therapist. It was done in person, in her home, and it combined direct observation with range-of-movement and strength testing and a balance tool. She was observed using furniture to steady herself, and transferring on and off a chair carefully and deliberately.
Where it stopped
The same report described her as independent in every one of the six activity areas, and it put numbers to what she could do: around 200 metres before a two-minute rest, up to 350 metres with assistance, about six stairs, safe lifting to two kilograms, grip and pinch strength at 3/5.
The Agency summarised those findings in its own statement of facts and issues. The Tribunal adopted that summary, and the figures decided every domain.
Two other treating practitioners had described the impact of her pain, but neither explained how her impairments produced the limitations they set out. One was found not to have explained how her mobility was affected; the other spoke only to driving.
Nothing in the file established how often her bad days occurred, or what she could not do on them.
The matter was decided on the papers. No witness was called, so nothing in the assessment was tested or explained.
NDIS Act 2013s 24(1)(c)
the impairment or impairments result in substantially reduced functional capacity to undertake one or more of the following activities: communication; social interaction; learning; mobility; self-care; self-management
The six activity domains. A report that records independence in all six answers the question it was asked, and decides the question it was not.
The figuresAs recorded
- From the functional capacity assessment
- Walking, before rest~200 m
- Walking, with assistanceup to 350 m
- Stairs~6
- Safe lifting2 kg
- Grip and pinch strength3/5
Adopted into the Agency's statement of facts and issues, then into the Tribunal's reasons.
Read the decision
Rydyr and CEO, National Disability Insurance Agency (NDIS) [2026] ARTA 1273
Published in full on AustLII, and citable by that reference.
See also Harding [2025] ARTA 373, where an objection to task-by-task assessment carried the same domain that isolated figures lost here.
These are published Tribunal decisions, not my clients. They're summarised to show what the records in each matter did and didn't establish. Nothing here is a prediction about any other matter, and no outcome is implied. Every decision turns on its own evidence.