This fact sheet is for people who have lodged an appeal in the Administrative Appeals Tribunal (Tribunal) about a decision by the National Disability Insurance Agency (NDIA).
*This Fact Sheet is developed by Queensland Advocacy for Inclusion however the information is still correct and relevant for Western Australian residents. This link will take you to their NDIS resources page which has a number of templates and tools.
NDIS Appeals Support Overview (extract from QAI site)
The NDIS Appeals Support provides advocacy, support, and referral to people with disability and their families for National Disability Insurance Scheme (NDIS) reviews and appeals. The objective of this service is to ensure that vulnerable people with disability and other affected persons who are going through the review or appeal process have access to a support person.
If you think a decision made by the National Disability Insurance Agency (NDIA) about you is wrong, you can apply for an internal review of a decision. Any person directly affected by a decision of the NDIA, such as an applicant, participant, or plan nominee can request such a review.
There are three levels of decisions made about the NDIS that can affect someone:
- The original decision made by the NDIA
- The internal review decision made by the NDIA
- The Administrative Appeals Tribunal (AAT) appeal decision.
What can I do if I feel a decision made by the NDIA is wrong?
Any person that is directly affected by a decision of the NDIA can submit an application for an Internal Review of a decision. There is a list of reviewable decisions in the NDIS legislation. Decisions such as being accepted as a participant of the NDIS or the level of support deemed reasonable and necessary are reviewable.
How does the internal review process work?
When you are told about an NDIA decision, you should be informed by letter how to request an internal review. A request for internal review of a decision must be made within three months of receiving notice of the decision from the NDIA.
The NDIA staff member who works on the internal review will not have been involved in the earlier decision. They may want to talk to you directly as part of this process. This person will decide whether to confirm, vary or set aside and substitute the original decision.
What if you are still unhappy after the internal review of the decision?
If you are still not happy after the internal review of the decision, you can apply for a review by the AAT, a tribunal that exists outside the NDIA.
An application can be made to the AAT within 28 days of being notified of the Internal Review decision. Individuals should be informed of their right to appeal a decision in the letter they receive advising them of the outcome of their internal review.