NDIS निर्णय को चुनौती देना: आंतरिक समीक्षाएं और न्यायाधिकरण

If you disagree with a decision the National Disability Insurance Agency (NDIA) has made, you can ask for it to be looked at again. The first step is an NDIS internal review. If you still disagree, you can apply to the Administrative Review Tribunal.

This guide explains the steps, the time limits and where to get free help. It is general information only and is not legal advice. Please speak with an advocate or lawyer about your situation.

Which NDIS decisions can be reviewed?

Under the National Disability Insurance Scheme Act 2013, many NDIA decisions are reviewable decisions. The NDIA must give you written notice of the decision and its reasons. Its Reviewing our decisions guideline gives examples, including decisions about:

• whether you are eligible for the NDIS
• approving your plan and the supports it funds
• plan variations
• plan reassessments, including a decision not to reassess.

Some decisions are not reviewable. The NDIA’s guide to decision reviews says budget reductions are one example. If budget reductions have been applied and you have high support needs, you can ask for a plan variation instead.

Step 1: ask for an internal review

An internal review means the NDIA looks at its decision again. The guideline says the staff member who does the review must not have been involved in making the original decision.

Time limit

You have 3 months from the day after you receive the decision in writing to ask for an internal review. Do not wait until the last week. Evidence can take time to gather, and you can send more information after you lodge your request.

How to ask

• complete the NDIA’s review request form
• call the NDIA on 1800 800 110
• visit an NDIA office
• send a letter or email.

Explain which decision you disagree with and why. Say what decision you think should have been made, and include any new evidence.

कितना समय लगता है

The NDIA’s guideline says it aims to complete internal reviews within 60 days of your request. It may move faster in urgent situations. The NDIA will send you a written decision with reasons.

Preparing evidence for a review

A review is a chance to fix gaps in the original evidence. Read the decision letter closely. It should explain why the NDIA decided as it did. For example, it may say it was not satisfied that your impairment is permanent, or that a support is reasonable and necessary.

Then target your evidence to those reasons:

• If permanence was the issue, ask your treating professional to explain the treatments tried and whether further improvement is expected.
• If functional impact was the issue, provide specific examples across the six everyday areas: communicating, socialising, learning, moving around, self-care and managing your life.
• If a support was refused, ask your provider to explain how it links to your disability and goals, and what would happen without it.

Keep copies of everything you send and write down the date of each phone call.

Writing your review request

Your request does not need to be long or formal. A clear structure helps the reviewer. For example, a request might include:

1. your name, NDIS number (if you have one) and the date of the decision
2. the decision you disagree with, in one sentence
3. why you think it is wrong, point by point, using the reasons in the decision letter
4. the decision you are asking for
5. a list of the evidence you are attaching, and any evidence still coming.

Stick to facts and examples. Short headings and dot points are fine.

Getting help from people you trust

A family member, friend, support coordinator or advocate can help you read the decision, gather evidence and write your request. If someone is going to speak to the NDIA for you, the NDIA may need your consent first.

Step 2: apply to the Administrative Review Tribunal

If you disagree with the internal review decision, you can ask for an external review by the Administrative Review Tribunal (ART). The ART is independent of the NDIA.

The ART replaced the AAT

The NDIA confirms that the Administrative Appeals Tribunal was replaced by the Administrative Review Tribunal on 14 October 2024. Cases that were active at the AAT moved to the new Tribunal. The Tribunal operates under the Administrative Review Tribunal Act 2024.

Time limit and cost

You must apply within 28 days of the internal review decision. The NDIA says the Tribunal might give you more time depending on your circumstances. The ART’s fees page says there is no application fee for NDIS decisions.

What to expect

The Tribunal looks at the decision again and can consider new evidence. The NDIA’s guideline says you can find information about the steps in the external review process on the Tribunal website. The Tribunal will also explain what you need to provide in your case.

Because 28 days is not long, contact an advocate as soon as you receive the internal review decision. Keep every letter from the NDIA in one place, and ask your treating professionals early if you think you will need updated reports. If you need an interpreter or other access support, tell the Tribunal when you apply.

Free help: the NDIS Appeals Program

You do not have to do this alone. The NDIS Appeals Program offers free support if you are applying to the ART about an NDIS decision:

• a skilled disability advocate who acts as your support person
• legal services in some cases, where there is wider community benefit or disadvantage that would substantially benefit from legal help.

To use the program, you must have completed an NDIA internal review and applied to the ART within 28 days. You can find an advocate through the Disability Advocacy Finder on Ask Izzy, searching by postcode or suburb.

Reviews and complaints are different

A review changes a decision. A complaint is about how you were treated or how a service worked. You can complain to the NDIA on 1800 800 110. If you are not happy with its response, the Commonwealth Ombudsman can look into complaints about the NDIA on 1300 362 072.

Invictus Health कैसे मदद कर सकता है

Sometimes a review needs new or clearer evidence. Our psychologists and neuropsychologists provide NDIS assessments and reports that describe functional impact using standardised tools. A neuropsychological assessment can describe thinking changes in detail.

We cannot give legal advice or act as your advocate. We can talk with you about whether an assessment could add useful information. संपर्क करें or see our fees page. A report does not guarantee a different decision.