What NDIS decisions can be reviewed or appealed in Australia?
You can seek review of decisions about whether you are eligible for the NDIS, the funding amounts in your plan, which supports are reasonable and necessary, and plan management decisions. You cannot appeal decisions about how the NDIA manages its general policies, but you can challenge decisions affecting your individual plan.
What is an internal review of an NDIS decision?
An internal review is the first step in challenging an NDIS decision. You request that the National Disability Insurance Agency (NDIA) review its own decision. You must request an internal review within three months of receiving the decision. The review is conducted by a different NDIA delegate who has not been involved in the original decision.
How do I request an internal review of an NDIS decision?
Contact the NDIA by phone on 1800 800 110, in writing to your local NDIA office, or through your myplace portal. Clearly state which decision you are requesting a review of and why you disagree. You can provide additional supporting documents such as reports from treating health professionals.
What is the NDIS Quality and Safeguards Commission and when do I contact it?
The NDIS Quality and Safeguards Commission handles complaints about the conduct of NDIS providers and workers — not about NDIS plan decisions. If your provider has acted inappropriately, failed to deliver supports, or breached the NDIS Code of Conduct, lodge a complaint at ndiscommission.gov.au.
What is the Administrative Appeals Tribunal and how does it review NDIS decisions?
The Administrative Appeals Tribunal (AAT) provides external merits review of NDIS decisions after you have completed the internal review process. You have 28 days from receiving the internal review decision to apply to the AAT. The AAT reviews the decision on its merits and can affirm, vary, or set aside the NDIS decision.
Is there a cost to apply to the AAT for an NDIS appeal?
Lodging an application with the AAT for NDIS matters is free. There is no application fee. The AAT process is designed to be accessible to self-represented parties, and the AAT provides assistance to applicants who do not have legal representation.
What evidence should I gather for an NDIS internal review or AAT appeal?
Gather reports from your treating specialists, occupational therapists, psychologists, and other health professionals that address why the requested supports are reasonable and necessary for your disability. Functional assessments, care plans, and letters from support workers can all strengthen your case.
What happens to my current NDIS plan while a review or appeal is underway in Australia?
Your existing NDIS plan remains in force while an internal review or AAT appeal is pending. You continue to have access to your current approved supports. If your plan is due for renewal during the review, the NDIA should take the pending review into account.
What can and cannot be done without a lawyer for an NDIS appeal in Australia?
Requesting an internal review and applying to the AAT are both processes that many participants complete without a lawyer. Disability advocacy organisations and legal aid can provide free assistance. Complex AAT proceedings involving multiple expert witnesses may benefit from legal representation.
How does uplaw.ai help with NDIS appeals in Australia?
Tell us which NDIS decision you received, when you received it, and what supports you believe you need in the chat. We help you draft your internal review request with supporting reasoning and identify the evidence you need to strengthen your appeal.
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