When you disagree with a decision about an NDIS application or NDIS plan
The National Disability Insurance Agency (NDIA) makes decisions about NDIS applications and NDIS plans.
You can ask for an internal review when you disagree with an NDIA decision about the following:
- Your child’s NDIS application – for example, the application is unsuccessful.
- Your child’s NDIS plan – for example, you’re not happy with the funding or supports in the plan.
If your child’s NDIS application is unsuccessful, there are other services and supports outside the NDIS. A local area coordinator or an early childhood partner can give you information about these and help you find and use them.
How to ask for an internal review of an NDIS application or NDIS plan
You must ask for an internal review within 3 months of getting the NDIA decision on your child’s NDIS application or your child’s NDIS plan.
It’s a good idea to talk with your local area coordinator, early childhood partner or support coordinator, if you have one. These people can help you with the internal review process.
There are several ways to ask for an internal review:
- Download and fill out a Request for a review of a decision form.
- Call the NDIA on 1800 800 110 and speak to an NDIA representative.
- Go to an NDIS or partner office and speak to an NDIA representative.
- Send an email to email@example.com.
- Write to:
Chief Executive Officer
National Disability Insurance Agency
GPO Box 700
Canberra ACT 2601
Here’s what to do in your request for an internal review of a decision:
- Explain why you disagree with the decision.
- Explain what decision you were expecting.
- Give the NDIA new evidence of your child’s needs and situation, or highlight evidence you’ve already provided.
Evidence might include letters or reports from your child’s GP, occupational therapist, speech pathologist, physiotherapist, psychologist or other health or disability professional. 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 carer’s 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 local area coordinator, 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.
An advocate might be able to help you with the review process. To find an advocate, you can use the Ask Izzy – Disability Advocacy Finder or contact your local community centre, local council, neighbourhood house or disability service. Or your local area coordinator or early childhood partner can help you find advocacy services.
What happens after you ask for an internal review of an NDIS application or NDIS plan
An NDIA representative might contact you to talk about why you’ve asked for a review of a decision about your child’s NDIS application or NDIS plan. This person won’t have been involved in the 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 local area coordinator, early childhood partner or support coordinator.
If you disagree or are unhappy with the outcome of the internal review, you can apply for an external review by the Administrative Appeals Tribunal (AAT).
How to ask for an external 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. The AAT prefers online applications.
If you can’t apply online, you can fill out an application form and send it to the AAT by:
- email: firstname.lastname@example.org
Administrative Appeals Tribunal
GPO Box 9955
Your capital city (Northern Territory residents should write to Adelaide)
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 3 days to talk about the process.
What happens after you ask for an AAT review
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’s a good idea to do the following:
- 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.
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 4 weeks of the case conference.
You can prepare for a conciliation in the same way that you prepare for a case conference.
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 more 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.