Get support when seeking a review of NDIS decisions in the Administrative Appeals Tribunal (AAT)

Side By Side Advocacy provides NDIS Appeals support to people in Greater Sydney.

You can contact us on (02) 9808 5500.

You can email at info@sidebysideadvocacy.org.au

If you live somewhere else in Australia, there are other advocacy organisations who can assist. The Disability Advocacy Finder is an online tool to help you find NDIS Appeals providers and disability advocacy agencies across Australia.

Yes. An application for an AAT review must be made within 28 days of receiving the NDIA decision, though extensions can be granted by the AAT.

More information about time limits can be found here.

No. There is a step before appealing for a review of an NDIS decision at the AAT. You need to apply to the NDIA for an internal review. If you are unhappy with the outcome of the internal review you can apply to the AAT for an external review and access NDIS Appeal services.

The AAT can review a range of decisions made by the National Disability Insurance Agency. However, they can only review a decision if it has been internally reviewed by the Agency.

Some of the NDIS decisions that can be reviewed are

• that a person does not meet the access criteria

• to approve the statement of supports in a participant’s plan

• not to review a participant’s plan

• to approve a person or entity as a registered provider of supports

• to revoke an approval as a registered provider of supports

• to make, or not to make, a determination about who may do things on behalf of a child

• to make, or not to make, a determination that a person has parental responsibility for a child, or

• to appoint a plan nominee or a correspondence nominee.

1. Receiving T documents

After you have lodged an application with the AAT you can expect to receive a copy of the NDIA (National Disability Insurance Agency) decision and all relevant review documents within 28 days after being told the application has been received. These are called ‘T documents’.

T documents are provided under section 37 of the Administrative Appeals Tribunal Act 1975.

2. First Case Conference

A case conference is the first step in resolving your matter. It is an informal, private meeting arranged by the AAT. It can occur via the telephone or in person.

The first case conference will usually be held between 6 and 10 weeks after you have lodged your application.

Usually, case conferences last about 30 to 45 minutes, but they can last up to an hour or longer.

The NDIA will provide a statement of Issues outlining the position of the NDIA and the best way to progress the matter.

3. Subsequent Case Conference

After receiving your Statement of Issues in the first case conference you may go away and seek further information to provide to the NDIA to help clarify any questions the NDIA may require answered.

4. Conciliation Hearing

If the matter cannot be resolved, depending on the circumstances, the AAT may order a Conciliation Hearing to occur before the matter is listed for a Hearing.

“Conciliation is an informal, private meeting to help you and the National Disability Insurance Agency (the Agency) consider possible options to reach an agreement.” – AAT

“If your case plan includes conciliation, it will usually be held within 4 weeks after your case conference. Conciliation is conducted by an AAT Conference Registrar or Member and attended by you and the representative of the Agency.” – AAT

5. Hearing

“The hearing is an opportunity for you, and the representative of the National Disability Insurance Agency (the Agency), to present information and arguments to the AAT about the decision under review. You will be able to talk about why you disagree with the decision.” – AAT

“The hearing is relatively informal and will usually be conducted by one Tribunal Member. The Member is the person who will make a decision about the review”- AAT

6. Decision

Once the Hearing is concluded the Tribunal member will go away to consider all the information presented after which a decision is made. The decision is usually made within 3 months after the Hearing has concluded.

Family Advocacy is a state-wide advocacy organisation that has made a range of resources. The resources aim to help you navigate the AAT process.

See the links to the resources below.

• NDIS Plan Review Tips

• NDIS Troubleshooting

• NDIS Review Guide

• NDIS Service Agreement Guide

• Reasonable and Necessary Flowchart

• Challenging an NDIS Decision Flowchart

• A guide to the Administrative Appeals Tribunal (AAT)

You may be able to get help from a lawyer.

You may be able to get help from Legal Aid. The Legal Aid NSW website has contact details for your local Legal Aid office.

Alternatively, your local law society can help you find a lawyer, including lawyers who may agree to act for free or at reduced rates (pro bono).

Tip: Find your local law society’s contact details on the internet by searching ‘law society’ and your state or territory.

The Attorney-General’s Department has a list of organisations that provide legal assistance to Indigenous Australians.

Yes. If you need an interpreter, a qualified interpreter can assist free of charge. It is best to say you need an interpreter before your hearing date so this can be arranged.

For immediate assistance in your language, please contact TIS on 131 450.

Yes. If you need assistance because of a disability, please contact the AAT before your hearing date.

If you are deaf or have a hearing or speech impairment, you can contact the AAT through the National Relay Service.

You, your family or friends may need other types of support. The organisations listed below provide help to people in need.

Lifeline – provides 24 hour crisis support and suicide prevention services.

Ph: 13 11 14

1800 RESPECT– provides 24 hour support to people impacted by sexual assault, domestic or family violence and abuse.

Ph: 1800 737 732

If you did not find the right support for you, you can refer to more information about mental health services.

The Attorney-General’s Department might be able to help with some of the costs of preparing for the review.

Find more information about receiving financial assistance by checking the Attorney-General’s Department fact sheets. There are links to the fact sheets below:

• Legal financial assistance information sheet (PDF, 201 KB)

• Legal financial assistance information sheet (DOC, 200 KB)

Hearings have been taking place via online electronic platforms due to COVID-19.

If you do need to attend the AAT Tribunal, you can find information here.