The Administrative Appeals Tribunal
What are your options if you are not satisfied with a decision?
A person who is not satisfied with a decision made by NDIA can apply to have the decision reviewed by the Agency in an internal review. If the participant is still dissatisfied with a decision following an internal review, they can then apply to the Administrative Appeals Tribunal (AAT) (external link) .
An application for an AAT review must be made within 28 days, but extensions can be granted.
How will the AAT process work?
The AAT, in preparing to undertake reviews in this new subject area, established a new National Disability Insurance Scheme Division made up of members who have expertise and experience interacting with people with disability.
The AAT will seek access to all relevant papers from NDIA and NDIA also makes sure that copies are provided to the applicant.
The AAT will run case conferences in person or by telephone in a casual setting and focus on open conversation and participation.
The AAT has a broad range of alternative dispute resolution (ADR) possibilities. All applications are considered in one or more early conferences where the matters under review are discussed along with the best way of dealing with the application. Many applications are settled at conference.
An application that does not settle in conference may be referred for mediation, conciliation or another form of ADR.
In an appropriate case the application is referred to be listed for a hearing.
In an AAT hearing the expectation is that the applicant will not require legal representation, however the applicant can be assisted by one or more support persons. Other people may give evidence to the AAT in support of the applicant’s case.
The AAT usually hands down a decision with full reasons within four weeks of the hearing. The AAT may affirm, vary or set aside the decision under review.
(Previously known as External Merits Review – Support Component or EMR-SC)
The NDIS Appeals has been set up to ensure that all people with disability, and others affected by reviewable decisions of the NDIA, have access to support when they are seeking review of those decisions in the AAT.
More information on the NDIS Appeals is available on the NDIS Appeals (external) on the Department of Social Services website. There is also a disability advocacy finder tool (external) for the National Disability Advocacy Program (NDAP), which includes information on service providers.