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We’ve been finding that most people have been happy with their National Disability Insurance Scheme (NDIS) plans. If you think a decision about your plan is incorrect or unfair there is a course of action you can take. This is called a ‘review process’ and you can read all about it here.
The NDIA has a number of significant decision making powers. There is a list below that sets out all of the ‘reviewable decisions’. If you would like a decision to be reviewed, the NDIA does not provide any legal assistance to you. It is important however to note that there is no fee for requesting a review. The stages of review are:
The first stage of review for decisions is a process which is called an ‘internal merits review’. This means an internal review undertaken by an authorised person in the NDIA who was not involved in the original decision.
Before this internal review, the Agency will encourage you to request reconsideration by the original decision-maker about your concerns, particularly when you believe that an important matter has been overlooked or new information is now available.
The NDIA must provide written notice of a reviewable decision to each person directly affected by the decision. A person directly affected by the decision has three months from the time they received the notice to request a review of the decision.
A decision reviewer may:
A request for review of a decision does not affect the operation of the decision or prevent actions being taken to implement the decision. The original decision still operates until it is changed.
A person may apply to the Administrative Appeals Tribunal (AAT) for an external review of the decision to:
This application must be made within 28 days after you received the appeal decision from the NDIA. The AAT can extend this time if they believe it is reasonable to do so.
The AAT is not a court and attempts to resolve matters speedily through mutual agreement.
The review process generally consists of the following steps:
The following is a list of some of the decisions that the NDIA can make that may be reviewed:
The following flow chart details the stages in the review of a decision
This article is one of a series extracted from the Discover Guide, a 122 page comprehensive guide to the NDIS prepared by La Trobe University in conjunction with Endeavour Foundation and funded by the National Disability Insurance Agency. The guide aims to help people understand the various parts of the NDIS and how to access them. It also includes additional legal information - such as wills, guardianship, trusts and estate planning - for people with a disability and their families. Access your copy here.Casey, G., Keyzer, P., & O’Donovan, D. (2016) Discover (2nded.). Melbourne: La Trobe University.
*© National Disability Insurance Scheme Launch Transition agency 2017. Findings as of 31 March, 2017.
A pre-planning booklet to help you to think about the supports you want and need – now and in the future – before meeting with your NDIA planner.
A practical, comprehensive guide to the NDIS, to help people understand the various components of the NDIS and how to access them.
A handy guide of NDIS FAQs and a glossary so you can familiarise yourself with NDIS language before your planning meeting.