When you can ask for a review of an NDIS access request or NDIS plan
The National Disability Insurance Agency (NDIA) makes decisions about NDIS access requests and NDIS plans.
You can ask for a review of an NDIA decision when:
- your child’s NDIS access request has been unsuccessful
- you disagree or are unhappy with the supports that have been funded in your child’s NDIS plan.
If your child isn’t eligible for the NDIS, there are other services and supports outside the NDIS. An NDIS representative can give you information about these and help you access them.
How to ask for an internal review of an NDIA decision
You must ask for an internal review within three months of getting the NDIA decision on your child’s NDIS access request or plan.
If you want a review, it’s a good idea to talk with your NDIS local area coordinator (LAC), NDIS early childhood partner or NDIS support coordinator, if you have one. These people can help you with the review process.
There are several ways to ask for an internal review:
- Download and fill out a review form (DOCX: 726kb).
- Call the NDIA on 1800 800 110 and speak to an NDIA representative.
- Go to an NDIA office and speak to an NDIA representative.
- Send an email to enquiries@ndis.gov.au.
- Write to:
Chief Executive Officer
National Disability Insurance Agency
GPO Box 700
Canberra ACT 2601
When you ask for a review, you’ll need to:
- explain why you’re unhappy or disagree with the decision
- give the NDIA new evidence of your child’s needs and circumstances, or highlight evidence you’ve already provided.
Evidence might include letters or reports from your child’s GP, occupational therapist, speech pathologist, physiotherapist, psychologist and so on. It can also include letters from support workers, therapy assistants, social workers or your child’s teachers at early childhood education, preschool or school.
You can also include a carers statement outlining how your child’s disability or developmental delay affects your child and family, why you need the support, and how it will be implemented.
If you have a LAC, an early childhood partner or a support coordinator, they can guide you through the internal review process and explain the evidence you need to collect.
You could also use an advocate. You can find an advocate or advocacy service in your area by contacting your local community centre, local council, neighbourhood house or disability service. Your LAC or early childhood partner can help you find advocacy services.
After you request an internal review: what happens next
An NDIA representative might contact you to talk about why you’ve asked for a review of your child’s access request or plan. This person won’t have been involved in the earlier decision.
The NDIA representative will make a decision as soon as they can. The NDIA will send you a letter to let you know the outcome of the review. You can follow up the progress of your review with your LAC, early childhood partner or support coordinator.
If you disagree or are unhappy with the outcome of the NDIA review, you can apply for an independent review by the Administrative Appeals Tribunal (AAT).
How to ask for a review by the Administrative Appeals Tribunal (AAT)
You have to wait until the NDIA has completed its internal review before you can ask for an Administrative Appeals Tribunal (AAT) review. After you get the NDIA’s decision, you have 28 days to ask for an AAT review.
You can ask for an AAT review by submitting an online application.
You can also fill out an application form and return it by:
- email: generalreviews@aat.gov.au
- post: Administrative Appeals Tribunal, GPO Box 9955, Your capital city (Northern Territory residents should write to Adelaide)
- fax: call 1800 228 333 for the fax number for your local office.
Or you can write to the AAT at the email or postal addresses above.
Your application needs to include a copy of the NDIA decision or a description of the decision. You can also include new information to support your appeal – for example, letters and reports.
You’ll get a letter telling you what will happen next. The AAT will also call you within three days to talk about the process.
After you ask for an AAT review: what happens next
AAT case conference
In most cases, the AAT will meet with you and the NDIA to discuss your case. This is called a case conference. It usually happens 6-10 weeks after the AAT receives your request for a review. The case conference might be held in person or on the phone.
At the case conference, the AAT will help you and the NDIA reach an agreement. Most appeals are resolved at case conferences.
Before the case conference, it can help to:
- look through the information that you sent to the AAT to support the review
- prepare yourself to explain clearly why you think the NDIA’s decision is wrong
- think about the outcome that you want
- decide whether you want to take an advocate, lawyer or other support person to the conference.
Conciliation
If you don’t agree at the case conference, the next step is conciliation.
This is a more structured meeting, in which a conciliator from the AAT helps you and the NDIA think about ways you could agree. This usually happens within four weeks of the case conference.
You can prepare for a conciliation in the same way that you prepare for a case conference.
AAT hearing
If you still can’t agree with NDIA, the AAT will hold a hearing.
A hearing is an opportunity for you and the NDIA to give information and arguments to the AAT. An AAT member will then make a decision.
You won’t need to provide anything extra for the hearing, unless the AAT has asked for any further information. You can prepare in the same way that you prepare for a case conference and conciliation. It can help to have an advocate with you for the hearing.