Certain decisions by the NDIA are considered reviewable decisions [see National Disability Insurance Scheme Act 2013 (Cth) s 99] and can be reviewed.

A person can first apply for an internal review of the decision, which is undertaken by the NDIA [s 100]. If they are unhappy with the decision made at internal review, they can seek further review by application to the Administrative Review Tribunal (ART) (previously known as the Administrative Appeals Tribunal) [s 103]. A final avenue of review lies with the Federal Court in specific, limited circumstances.

A person cannot apply to the ART before first seeking an internal review [s 103, see also FJKH and National Disability Insurance Agency (2018) AATA 1294].

Examples of the types of decisions that may be reviewed include (but are not limited to) [s 99]:

Internal review

A reviewable decision made by the NDIA can be challenged by way of an internal review [s 100(2)]. The NDIA must give reasons for reviewable decisions to each person who is directly affected by the decision [s 100(1)]. A request for an internal review must be made within 3 months of receipt of the decision [s 100(2)].

A request for an internal review can be made by completing and sending in a Request for a review of a decision form, by calling 1800 800 110 or by sending an email or letter to the addresses listed on the NDIS website.

Once an application for internal review is received, an NDIA staff member not involved in the original decision will confirm, vary or revoke the decision [s 100(6)]. The NDIA must complete an internal review within the period set in the NDIS Rules and if no Rules are prescribed, within 90 days [s 100(6A)].

Review by the Administrative Review Tribunal

A person unhappy with the outcome of an internal review can seek further review by the ART. An application to the ART must be lodged within 28 days of receipt of the internal review decision [Administrative Review Tribunal Act 2024 (Cth) s 18].

A request for a review can be made online or by completing an application form or writing a letter and sending it to the Tribunal by post, email or fax.

There is no fee for applying for a review of a reviewable NDIA decision in the ART. In some instances, legal assistance may be available in South Australia from the Legal Services Commission.

The ART can affirm, vary or set aside the decision made by the NDIA at internal review.

See the Administrative Review Tribunal – National Disability Insurance Scheme website for more information.

Support may be available for people seeking review of NDIA decisions through the ART. The NDIS Appeals program provides funding to specific organisations, enabling them to provide advocacy or legal support to an eligible person as they go through the ART process. The Disability Advocacy Finder website allows a person to search for an NDIS Appeals funded service in their area. Further information on the NDIS Appeals program can be located on the NDIS Appeals - Department of Social Services website.

Federal Court Appeal

A person unhappy with a decision of the ART may be able to appeal to the Federal Court of Australia [Administrative Review Tribunal Act 2024 (Cth) s 172]. An appeal must be made within 28 days of receipt of the Tribunal's decision and can only be made on the grounds of a question of law [Administrative Review Tribunal Act 2024 (Cth) ss 172, 174].

Seek legal advice before commencing any appeal to the Federal Court, as fees may apply and there may be cost risks should the application be unsuccessful.