Most common decisions people disagree with
There are 2 main decisions we make that people disagree with and ask for a review.
These are:
- whether someone is eligible for the NDIS or not
- the supports we do and don’t fund.
What the law tells us we can do
The Australian Government has made laws about who can become an NDIS participant and what can be funded under the NDIS.
We follow the rules to decide if you're eligible for the NDIS. Learn more about the eligibility requirements.
We'll check if the supports you're asking for are NDIS supports before we agree to include them in your plan. We have a list of supports we don’t fund.
We also can’t fund supports that other government services pay for, like health or education.
We can’t fund supports that aren't related to your disability or are everyday costs like rent, food and electricity. We also don’t fund supports that are likely to cause harm to you or others.
Steps to ask for a review
You can contact us if you don’t agree with a decision we make. We can explain the decision.
If you disagree with a decision, you can ask for a review.
You can get someone to help you ask for a review. This might be a family member, friend, support coordinator or recovery coach.
Step 1: Internal review
First, you can ask for an internal review. This means someone at the NDIA will assess the decision.
The person who looks at the decision will be different to the person who made it.
This second person will look at the facts and circumstances to see if we made the right decision under the law.
Step 2: External review
If the second person completes their internal review and tells you what they’ve decided and you still don’t agree, you can ask for an external review.
An external review happens outside the NDIA. You’ll need to ask the Administrative Review Tribunal to review our decision.
You must ask for an internal review first. This needs to be completed before you can ask for an external review.
Tip: Who is the Administrative Review Tribunal?
The Administrative Review Tribunal reviews decisions made by Australian Government agencies, departments and ministers.
The Administrative Review Tribunal is separate to the NDIA. They make sure our decisions are legally correct and fair.
You can learn more about what the Administrative Review Tribunal does on their website.
How to request an internal review
You have 3 months from the day you receive our decision to ask us for a review.
You can tell us you want an internal review by:
- completing the request for a review of a decision form
- submitting an enquiry through our service hub with supporting evidence
- calling us on 1800 800 110.
How to request an external review
You must ask for an external review from the Administrative Review Tribunal within 28 days of our internal review decision.
The Administrative Review Tribunal might give you more than 28 days depending on your circumstances.
Learn more about how to request a review of a decision.
You can ask for legal support
When you ask for an external review, you have the right to an advocate or legal support to help you through the process.
If you do need extra support, you can access the NDIS Appeals Program. This is when someone represents you and helps explain your situation at the tribunal.
You can’t use your NDIS funding for someone to represent you at the tribunal. For example, you can’t use your NDIS funding for a lawyer, support coordinator or other provider.
If you’re a participant, you can use your NDIS funding for disability-related supports during the hearings. For example, you might need support for personal care or communication supports to help you participate in discussions.
Our Guideline
Download the reviewing our decisions guideline:
- Reviewing our decisions - PDF 363.06 KB
- Reviewing our decisions - DOCX 102.23 KB