How to request an NDIS appeal or internal review

Are you unhappy with a decision that the NDIA have made about your plan or budget funding? If you have already requested a Plan Review or assessment and are not satisfied with NDIA’s response you can look at applying for an Internal Review of a decision OR an External Review.

In this resource we unpack how you can go about requesting a review or appeal of a decision:

Types of reviews and appeals

These types of many types of reviews and appeals that can be requested regarding your plan or funding:

  1. Plan Reassessment – you want to review your full plan funding
  2. Plan variation – you want to make changes to certain areas of the plan, or extend / continue the current plan for another 12 months
  3. Internal Review of a decision – you do not agree with the NDIA decision from your plan reassessment or variation and want to review their decision
  4. External appeal – you are unsatisfied with the NDIA’s internal review of a decision and want to appeal to the Administrative Appeals Tribunal (ATT)

What decisions can be reviewed or appealed?

The NDIS has laws which advice which decisions are reviewable, and some of the common ones include when the NDIS decide if:

  • you’re not eligible for the NDIS 
  • you’re no longer eligible for the NDIS 
  • to approve your plan, which includes approving the supports we fund in your plan 
  • not to do a plan reassessment
  • not to do a plan variation
  • to vary your plan
  • if you need a plan nominee or a different child representative . 
  • If you’re a participant and don’t agree with your plan, you can ask us to review some parts of your plan

If you’re an NDIS participant and don’t agree with your plan, you can ask for some parts of your plan to be reviewed, such as:

  • what NDIS-funded supports we include in your plan
  • how we describe those supports
  • how your funding is managed
  • how long your plan goes for
  • how your plan has been varied.

Internal review of a decision

An internal review of a decision could include the following two types of reviews:

  1. s100 review
  2. Review of a reviewable decision (RORD
Why might I need to request an internal review of a decision?

If the NDIA makes a decision you do not like, you can ask them to review it. This is called an Internal Review. This could be whether you get support or not, how much support you get, the kinds of support and who provides your support. The NDIA will look at your request and decide if they will change it or not.

An internal review of a decision won’t consider any changes to your situation or new supports since we made our decision

How long do I have to request an internal review of a decision?

When the National Disability Insurance Agency makes a decision that can be reviewed they have to tell you in writing. When you get a new NDIS plan, there is usually a letter attached to the front, this explains about your right to ask for an internal review.

You have 3 months after you receive your plan or the letter in writing telling you of their decision to make a request for an Internal review.

How do I request a review of an internal decision?
What happens after I submit the request for an internal review?

A review will be conducted by an NDIA staff member who was not involved in the original decision making. They re-consider the facts, law and policy aspects of a decision and determine if the original decision was accurate. The reviewer is also able to consider any new information available. The person reviewing your request will let you know in writing if they have decided to change the decision or leave it unchanged. To find out more about requesting an internal review of your plan you can contact the NDIS directly on 1800 800 110 or visit the internal review of a decision page

What happens if I don’t agree with the decision from the internal review?

If the Internal Review outcome is not what you expect, you can ask for a review of the Internal Review. This is called an External Merits Review and you can read more about this below

External merits review or appeal

An external review takes place when you do not agree with the NDIA’s decision from the internal review, and escalate this decision to the Administrative Appeals Tribunal (AAT) to review the decision.

This can only be done once the decision has been internally reviewed by the NDIA.

For more information on the AAT process CLICK HERE

How does an external review work?

This needs to be requested within 28 days of receiving a decision from the NDIA. You cannot ask for a External Merits Review before you have received an Internal Review. A request for an External Merits Review is made to the Administrative Appeals Tribunal (AAT).

The job of the AAT is to make independent reviews of government decisions.

Who can help me with my appeal?
How do I apply for an external appeal?

Find details of how to apply for an External Review here or call 1800 228 333.

Review delays

Like most things NDIS the time taken for reviews is not consistent. Could be months, could be days. If you haven’t heard from the NDIS within the time advised it would take since you submitted your request contact the NDIA

What if my review is delayed?
  • Call on 1800 800 110 to ask for an update on the status of your review.
  • Submit an enquiry through this Contact Form
  • Submit feedback on their website.

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