NDIS Appeals

SUFY has recently obtained a grant through the NDIS Appeals Program. The objective of this program is to ensure that all people with disability and other affected persons have:

  • Access to a support person, for applicants seeking review of NDIA decisions; and
  • Access to legal services, in circumstances where a case raises complex or novel legal issues, for applicants seeking NDIS Appeal through the AAT.

There are three levels of decisions within the NDIS:

  1. The original decision (made by the NDIA)
  2. The internal review decision (outcome from the internal review process)
  3. The AAT review decision (NDIS Appeals 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?

The NDIA should inform individuals of their right to an internal review through a letter or fact sheet when an original decision is made. A request for internal review of a decision must be made within three months of receiving notice of the decision from the NDIA. The internal review is undertaken by the NDIA. The NDIA member who works on the internal review will not have been involved in the original decision. This person will decide whether to confirm, vary or set aside and substitute the original decision.

What is the NDIS Appeals Process?

This process allows individuals to appeal an internal review decision. It is done through the Administrative and Appeals Tribunal (AAT).  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.

Is there any support available to go NDIS Appeals Process?

Yes a NDIS Appeals Officer is available to provide a range of supports to the applicant throughout the AAT process. This can include assisting the applicant to navigate the process of AAT review of decisions, attending AAT conferences and hearing with applicants or supporting applicants to put their own cases before the AAT.

In the lead up to the roll out of the NDIS in the Brisbane and Moreton Region, commencing July 2018, SUFY will provide information and awareness on individuals rights to review decisions made by the NDIA and the supports available.

If you would like any further information please contact SUFY on 3255 1244 or sufy@sufy.org.au