Receiving an NDIS plan that doesn’t adequately fund your support needs is a frustrating but common experience. The good news is that participants have clear legal rights to challenge decisions made by the NDIA — and a significant proportion of appeals result in improved outcomes for the participant.
Understanding how the process works, and what steps to take, can make the difference between a plan that enables a good life and one that falls critically short.
The Three Levels of Review
Internal Review: The first step is requesting an internal review directly from the NDIA. You have 90 days from the date of the decision to lodge this request. The NDIA must complete the review within 60 days. This review is free and requires no legal representation — though having a disability advocate assist you is strongly recommended.
AAT Review: If the internal review doesn’t resolve the issue, you can escalate to the Administrative Appeals Tribunal (AAT). The AAT is an independent body that reviews NDIA decisions. Many matters are resolved at AAT conciliation without going to a full hearing.
Federal Court: In rare circumstances involving questions of law, matters can be escalated further. This is uncommon and typically requires legal representation.
Tips for a Successful Appeal
Document everything. Gather letters from your treating doctors, therapists, and other healthcare professionals that clearly describe your functional impairment and support needs. The NDIA makes decisions based on evidence — the stronger your documentation, the stronger your case.
Request a statement of reasons from the NDIA explaining why your plan was funded as it was. This is your legal right and gives you a clear target for your appeal.
Contact a disability advocacy service in your state. Most offer free support for participants navigating the appeals process.
Key Resources
The NDIA appeals line is 1800 800 110. The AAT can be contacted at 1800 228 333. Disability advocacy services are available in every state and territory — a directory can be found at disabilityadvocacyfinder.dss.gov.au.
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