Introduction
If you think an NDIA decision is wrong, you can request an internal review. You need to make the request within 3 months of receiving the decision. The NDIA website has more information on how to request an internal review.
Once the NDIA has completed the review, they will send you an Outcome of your Internal Review Request letter. We will refer to this as a Decision Letter.
If you are not happy with the decision from the internal review, you can make an application to the Administrative Appeals Tribunal (AAT) for an external review.
In this video, Elise, Rachael and Tanya explain the process (click CC for captions after pressing play, transcript available on YouTube):
How to make an application
You have 28 days from the date the Decision Letter was received by you to apply to the AAT. This is not always the same date on the Decision Letter, because you may have received it later.
You can apply online or complete a form and send this to the AAT by post, email or fax.
Tips
- If you are applying online, have your Decision Letter from the NDIA ready to upload
- Section 3 on the application asks ‘Why do you claim the decision is wrong?’
We recommend keeping it simple! You don’t need to go into detail or include research to support your statement. You can just say something like “I don’t feel that all evidence was considered by the review team. I feel that the supports requested were reasonable and necessary”, etc.
Frequently Asked Questions (FAQs)
What happens if I can’t apply to the AAT within 28 days?
You can request an extension from the AAT. When you make the application, you need to explain why you are outside the 28 days. The request will go to the NDIA to approve, and they will tell you the outcome. If you do not have a good reason and you are well outside the 28 days, the NDIA may not agree to your AAT application going ahead.
Where can I go if I need help with my application?
- The Administrative Appeals Tribunal (AAT)
- Someone you know and trust – like a friend, family member, support worker or support coordinator
- Find an advocate through the Disability Advocacy Finder
What if I can’t upload my Decision Letter?
Explain the decision you disagree with on the application form. The NDIA can give the AAT a copy of the Decision Letter if necessary.
What if I haven’t received a Decision Letter from the NDIA?
You should request one. Without it, there can be issues later on that cause delays at the AAT.
However, after you’ve made an internal review request with the NDIA, you should receive a decision within 90 days.
If the NDIA does not give you a decision within 90 days, you can submit a complaint. The NDIA should address your complaint in 21 days. If they do not, or you are not happy with their response, you can submit a complaint to the Commonwealth Ombudsman.
For support or advice at any stage of this process, you can talk to someone you trust or an advocate.
Does it cost anything to apply to the AAT?
No, applications to review NDIS decisions are free.
Do I need a lawyer?
No, you don’t need a lawyer to make the application.
If I apply to the AAT, does it go to a hearing straight away?
No, there are a few stages before a hearing. First, the AAT will work with you and the NDIA to try to resolve the issue without needing a hearing.
After I apply, can I change my mind?
Yes, you can stop the AAT process at any time. You will need to contact the AAT to tell them you want to stop the process.
