Test case – WRMF and National Disability Insurance Agency

17 May 2020

Statement – NDIS funding sexual expression – 17th May 2020

People with Disability Australia and Touching Base are concerned about the statements in the media this morning, about the recent Federal Court case concerning NDIS funding for sexual expression, including sex work services, for people with disability. Read our full joint media statement with PDWA here…

People with Disability Australia and Touching Base will be responding further once we have seen a copy of the the Minister’s proposed changes.

12 May 2020

The Australian Federal Court has handed down its decision on the on National Disability Insurance Agency appeal of WRMF and National Disability Insurance Agency.

Touching Base is thrilled about the outcome for the women who has won her case after so many years! 

We have put out a joint media release with People With Disability Australia you can download here as a word doc or a PDF

Here is the initial media article published by The Guardian under the heading NDIS funds may be used to pay for sex workers, court rules

July 2019

Woman with disability wins NDIS funding for ‘sex therapy’ in precedent-setting case

An important decision has been made this week that is a step forward in recognising that people with disability have the right to have sex. In a decision published by the AAT, an NDIS decision to refuse funds for access to sex services has been overturned. 

The Administrative Appeals Tribunal has said that a woman with disability can use her NDIS funding to pay for sex therapy services. We congratulate this brave woman with disability who is determined to have the same rights as non-disabled people to an adult sex life. Comments by Touching Base Patron Eva Cox are featured in this article: https://www.abc.net.au/…/ndis-to-pay-for-sex-thera…/11298838

In this next article on the same case we think the Federal Minister Stuart Roberts is the one out of touch with community expectations of what are ‘reasonable and necessary’ supports, since he has announced the NDIS will appeal decision to fund sex therapy. https://www.theguardian.com/australia-news/2019/jul/11/woman-wins-right-to-ndis-funding-for-sexual-therapy

Touching Base and PWDA applaud the NSW Administrative Appeals Tribunal (AAT) decision. We have been working closely on NDIS matters and have put out a joint media release on this important decision: https://mailchi.mp/…/media-release-people-with-disability-h…