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:
- Plan Reassessment – you want to review your full plan funding
- Plan variation – you want to make changes to certain areas of the plan, or extend / continue the current plan for another 12 months
- 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
- External appeal – you are unsatisfied with the NDIA’s internal review of a decision and want to appeal to the Administrative Appeals Tribunal (ATT)
- 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.
- s100 review
- 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?
- complete the Request for a Review of a Decision form and send it to the NDIA via email or mail (email is quicker)
- send an email to firstname.lastname@example.org with supporting evidence
- call the NDIA on 1800 800 110
- visit an NDIS or partner office
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
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?
- There are advocacy agencies (like RIAC) that can help you prepare and present your case to the AAT
- If you need assistance with the appeal process consider engaging a disability advocate – CLICK HERE to search ‘Ask Izzy’ – Disability Advocacy Finder.
How do I apply for an external appeal?
Find details of how to apply for an External Review here or call 1800 228 333.