An advocate for the rights of New Zealanders living in Australia is mounting a fight against the Australian government over an autistic boy's inability to access the National Disability Insurance.
Toby Bensemann was born premature in Sydney to his New Zealand parents in 2008.
However, under a special visa category which applies, he can't become an Australian citizen until he is ten-years-old.
David Faulkner, who fights for the rights of New Zealanders living in Australia, said that would be challenged under the New South Wales Anti-discrimination Act.
He said the Act prohibits discrimination based on nationality unless it is authorised by legislation, which he says isn't the case.