National Disability Insurance Scheme (NDIS) - Villamanta Disability Rights Legal Service

What can we help with?

We know that the NDIS Appeals process can be difficult to understand. There are advocates funded to assist with this, but only very few advocates provide legal representation at the AAT.

For this reason, and because we have limited resources, we focus on the types of matters where we can make the most difference.

Internal Reviews

We don’t normally assist participants with their internal reviews. If you need advocacy assistance at this stage, we recommend you contact one of the other NDIS Appeals services listed here: NDIS appeals advocates

There are some exceptions, and we consider these on a case by case basis, and depending on our availability at the time. The factors we consider when making exceptions include:

where a participant is unable to request an internal review themselves, and would be excluded from this process if they don’t receive assistance
where a participant has limited or no access to communication technology and would be excluded from the process is they don’t receive assistance
where a participant has extremely complex support needs and do not have family or other informal supports who can assist them

If you believe that you, or someone you know, really needs assistance at this stage for a reason not listed above, you can contact us to discuss.

External Reviews (AAT Appeals)

You have 28 days from when you receive your internal review decision to lodge your AAT application. While we try to assist as many people as we can with their AAT appeal, we may not be able to assist everyone, and we may not be able to assist within the 28 days.

If you have received your internal review decision, you can:

Contact us to discuss. If we can’t help straight away, we may advise you to make the application to the AAT so that you don’t miss the 28 day deadline, and we will be in touch when we can assist.
Ask your advocate (if you have been working with one), if they can assist you to make the application then contact us if you can’t resolve the issue at an AAT conference. We can potentially assist you to prefer for a hearing, or for future conferences.
Contact an advocate and ask for their assistance making an application to the AAT.
Contact Legal Aid. They may be able to assist you if we cannot.

We will always try to assist people in the following groups at the earliest stage possible:

where a participant is unable to make an AAT application themselves, and would be excluded from this process if they don’t receive assistance
where a participant has limited or no access to communication technology and would be excluded from the process is they don’t receive assistance
where a participant has extremely complex support needs and do not have family or other informal supports who can assist them

Find out more!

Read about what happens after you make an application to the AAT!

View PDF

NDIS Appeals we have been involved in

Ray

A matter about access to the NDIS and the evidence from independent assessor versus treating therapists.

Castledine

A matter involving complex support needs, practice coaching and transport.

NVWC

A case about whether the NDIS needs to consider all your disability, or just what they call the “primary” one.

KLMN

A case about whether prism glasses are reasonable and necessary supports under the NDIS

See the decision here: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2017/1815.html