Disabled man’s request for ChatGPT subscription denied by NDIA


Australia’s disability support agency has had its decision to deny a disabled man’s request for a ChatGPT subscription upheld, after the agency argued that the artificial intelligence service was poor value for money and risky because it provides inaccurate information.

Earlier this week, the Administrative Review Tribunal’s general member Justin Toohey made a decision in a review of the National Disability Insurance Agency’s (NDIA) provisions for the applicant which had denied a request to include a ChatGPT subscription, in what appears to be the first known example of the agency rejecting the provision of AI-powered chatbot services.

The applicant had applied for “participant supports” (NDIA terminology) under the National Disability Insurance Scheme (NDIS) for assistance with what was described as “interrelated medical, physical and psychosocial issues” in a report written by an occupational therapist.

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Article ID: 1190790

The applicant had appealed a decision by the NDIA to consider whether “reasonable and necessary” additional supports had not been approved. These included a subscription to ChatGPT Pro, a paid plan for the OpenAI chatbot that gives customers greater capacity and more features than the limited, free plan. 

The applicant, who self-represented, submitted a letter from an occupational therapist that listed benefits for ChatGPT Pro, including “summarising and simplifying complex information, providing a less overwhelming interface compared to navigating websites and paperwork … providing on-demand assistance and information; and providing guidance in emergency situations”. The applicant’s spouse also told the tribunal that ChatGPT had helped her when assisting her husband with paperwork. 

The NDIA argued against the provision of ChatGPT Pro, contending that the service presented a risk and was not good value compared with the free version. 

“The risk identified by the agency is that the use of ChatGPT may increase the possibility that the applicant could be exploited because ChatGPT is still being developed and may not always provide accurate information,” wrote Toohey in his decision.

The agency also originally argued that ChatGPT was not “related to the applicant’s disability” but withdrew this argument.

Toohey ultimately agreed with the NDIA and did not order that it provide ChatGPT Pro. In his decision, Toohey dismissed the risk argument — “I accept that the applicant is aware of these risks and would be able to respond appropriately” — but was not convinced that the applicant’s evidence proved that the paid subscription was a reasonable and necessary support. 

Toohey ordered the NDIA to also provide a number of other additional supports including more accommodation for short-term trips, increased support worker hours and funding for items such as two-way radios, wheelchair-mounted fans and dietary supplements.

The NDIA has been contacted for comment.

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