NDIS Appeals has been set up to ensure that people with disability, and other people affected by reviewable decisions of the National Disability Insurance Agency (NDIA), have access to support when seeking review of those decisions in the Administrative Appeals Tribunal (AAT).
Support persons are National Disability Advocacy Program (NDAP) disability advocates. DACSSA is an NDAP advocate. We can assist by:
- explaining the review process, including what is involved in appealing to the AAT;
- helping to prepare documents;
- providing advice and skills so you can better represent yourself, or
- attending AAT conferences and hearings to help you put your case to the AAT.
All NDIS Appeals supports are free of charge.
ADMINISTRATIVE APPEALS TRIBUNAL (AAT)
The AAT is able to review a range of decisions made by the National Disability Insurance Agency, but only after the decision has already been internally reviewed by the NDIA.
This means that if you would like to appeal a reviewable decision that the NDIA has made about an NDIS plan, you need to request a Review of the decision by the NDIA first, before you appeal to the Administrative Appeals Tribunal.
DACSSA can assist you with information about this process and provide support through reviews.
What the AAT can review
The AAT website provides some examples of some of the NDIS decisions that they are able to review. These include such decisions as:
- 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
- to appoint a plan nominee or a correspondence nominee.
The decision letter from the NDIA will tell you if the AAT can review the decision.
What the AAT is unable to review
- a decision that has not been internally reviewed by the Agency
- every decision that the Agency makes.