AAT Case Management Guide
Applied Behavioural Analysis (ABA)
OFFICIAL for internal Use Only
DOUCUMENT 1
| Field | Content | Reference Documents |
|---|---|---|
| Title | Applied Behavioural Analysis (ABA) | |
| Purpose | This document is part of a suite of guidance documents for case managers to use in formulating their approach to managing individual cases before the Administrative Appeals Tribunal (AAT). | Applied Behavioural Analysis (ABA) Therapy [Disability Support Guide] |
| Scope | ABA therapy refers to a non-pharmacological behavioural intervention to help children diagnosed with autism spectrum disorder (ASD), intellectual disability or developmental delay to develop skills in communication, self-care, and social interaction, and or reduce behaviours that are barriers to learning and participation. ABA is one of several different evidence-based approaches to support children with ASD. It is characterised by intensive interventions, delivered by trained personnel in a clinical or childcare environment. | Behavioural interventions |
| Escalation to Hearing Oversight Committee (HOC) | If a matter is within the parameters of this document, the AAT Case Management Branch Manager may approve proceeding to hearing. Where there is substantial risk or the matter is outside the parameters of this document, the matter should be referred to HOC. | |
| Current | The AAT process is often seen as stressful and adversarial by the participants and our focus should be on resolving issues as practicably and quickly as possible. The role of the NDIA is to assist the AAT and the participant in reaching the best possible resolution for the participant by agreement.) | NDIA Dispute Resolution Policy Appendix B to the Legal Services Directions 2017 section 34(4) of the National Disability Insurance Scheme Act 2013 Rules 3.2 and 3.3 of the National Disability Insurance Scheme (Supports for Participants) Rule 2013 |
| National Disability Agency (NDIA) on subject | The NDIA will fund ABA therapy when the NDIA is satisfied it is a reasonable and necessary support. Where ABA therapy is to be funded as an early intervention support, the NDIA must also be satisfied that it is likely to reduce a participant’s need for future disability supports. Supports for children with ASD should be evidence-based and delivered using a family-centred approach that incorporates individual planning. ABA therapy is redacted |
Commented [JM1]: As per my previous comments.
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AAT Case Management Guide
Applied Behavioural Analysis (ABA)
OFFICIAL for internal Use Only
l likely to NOT be delivered with a family centred approach and more likely to be delivered in an allied health clinic or childcare/school environment. |
— Applying to the NDIS
- Operational Guideline- — Early childhood approach
ECIA National Guidelines — Best Practice in Early Childhood Intervention Council of Australian Governments (COAG) — Principl rmin responsibilities of the NDIS and other service systems
It is important that the NDIA closely consider a functional impairment, individual goals and aspirations, and evidence which considers their specific circumstances.
ABA therapy where it is considered to be effective and beneficial.
Evidence from a meta-analysis of clinical studies indicates that it is unlikely that more than 15 hours per week of ABA will be effective and beneficial. |
Where more than 20 hours of ABA is requested, the NDIA is likely to run the matter to hearing. The matter will turn on the question of the participant’s age, and their own capacity as well as their family’s capacity to meet the time obligations of ABA therapy.
Where a participant has commenced school and requests more than 10 hours of ABA per week, the NDIA must consider the capacity of the participant and their family to sustain both full-time schooling and intensive therapy.
Disability Insurance - -
A 2021] AATA
S11
Intervention
Recommendations for Children with Autism in Light of a Changing Evidence Base |
r in etal (Generalised findings; specific to older children)
Y Autism €RC early
NDIS
The Department of Defence (USA)
- Comprehensive Autism-Care Demonstration Annual Report 2021
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AAT Case Management Guide
Applied Behavioural Analysis (ABA)
OFFICIAL for internal Use Only
of Intervention Intensity and Intervention Style on
Outcomes for Young Children With Autism -
ScienceDir
Australia’s First National Guideline for the Assessment and Diagnosis of Autism Spectrum Disorders | Autism CRC
List A: Conditions that are likely to meet the LNDIS
Section 34(1) of the National Disability Insurance Scheme Act 2013
Rules 3.2 and 3.3 of the National Disability Insurance Scheme (Supports for Participants) Rules 2013
Persons Giving Expert and Opinion Evidence Guideline | Administrative Appeals Tribunal
To consider funding for ABA therapy, the NDIA requires evidenc e of a relevant diagnosis from a paediatrician, psychiatrist, psychologist, or a specialist multi- disciplinary team. The Diagnostic and Statistical Manual of Mental Disorders, fifth edition (DSM-5) is the NDIA’s preferred diagnostic standard.
Clinical evidence that ABA therapy satisfies the criteria in section 34(1) is also required to be provided by a psychologist, occupational therapist, paediatrician or, where a participant has received ABA therapy previously - an ABA therapist.
Clinical evidence must address the link between ABA therapy and a participant’s goals and specify how the requested number of hours of ABA therapy will be effective in assisting the participant to achieve those goals.
Evidence from a behavioural paediatrician who has assessed the participant in person is recommended.
The NDIA must also be satisfied that ABA therapy meets the National Disability Insurance Scheme (NDIS) funding criteria — in particular, that it:
- is unlikely to cause harm to a participant or pose a risk to others;
- is not duplicated by other funded supports.
The NDIA considers the context and circumstances of the family and their capacity to support the delivery of is — 20 hours lof intervention in
Rule 5.1 of the National Disability Insurance Scheme (Supports for Participants) Rules 2013
How we work out if a support meets the funding criteria | NDI
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AAT Case Management Guide
Applied Behavioural Analysis (ABA)
OFFICIAL for internal Use Only
The learning environment of the child (usually the home or school).
Also-The NDIA will also consider:
- children with greater baseline cognitive skills and higher adaptive behaviour scores at baseline have better outcomes from early intensive ABA therapy; and —
- younger children have better outcomes from ABA therapy.
The NDIA must also have regard to a participant’s choice and control in the pursuit of their goals and the planning and delivery of their supports.
The AAT will not consider whether ABA therapy is an effective early behavioural intervention strategy for children diagnosed with ASD, but whether ABA therapy satisfies the criteria in section 34(1), which will be determined on the facts of each case.
When considering funding for ABA therapy, the NDIA must also consider the promotion of an applicant’s choice and control in the pursuit of their goals and the planning and delivery of their supports.
It is the responsibility of the NDIA to show that ABA therapy can be substituted with other mainstream therapies and achieve the same outcomes for the applicant.
Document admin
Quality, Reporting, Strategy and Training
Approved Matthew Swainson, Chief Counsel
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