Requesting a review of a decision
Access request decision of not eligible
Unfortunately, for some people living with a mental health condition, demonstrating psychosocial disability can be more complicated than for people living with a physical disability. You may find that your first application receives a decision of not eligible.
There is still hope! If you think a decision made by the National Disability Insurance Agency is wrong, you can ask for an internal review of a decision.
If you are still not happy after the National Disability Insurance Agency review of their decision, you can apply for an external review by the Administrative Appeals Tribunal (AAT), a tribunal that is separate from the National Disability Insurance Agency.
You can request an internal review in person at a local National Disability Insurance Agency office, via phone to the National Disability Insurance Agency support line or by submitting a written request. This needs to be done within 3 months of receiving the letter notifying you of the decision.
Remember, whether you are requesting a review of an access decision, or other decisions about your NDIS plan you have a right to do this and you can also ask for support from a family member, friend or service provider.
Once you have submitted your request the National Disability Insurance Agency will decide to either: stay with the original decision, overturn the decision, or change or substitute it. They will make the decision as soon as ‘reasonably practical’. This means as soon as they can, taking into account everything needed to review the decision.
Submit an NDIS review
For details on submitting a request for review and contact details visit the information on the NDIS website.
The AAT provides a review of a wide range of decisions made by the Australian Government. You can only request a review from the AAT after going through internal review process with the National Disability Insurance Agency. You must contact the AAT within 28 days of receiving the National Disability Insurance Agency decision although they can grant extensions.
Workers at the Commonwealth Ombudsman’s Office also support people who have a concern about their access request with the National Disability Insurance Agency (Ph. 1300 362 072). The National Disability Advocacy Program can also help.
Administrative Appeals Tribunal
T: 1800 228 333
Other decisions about your NDIS plan
If you are successful in accessing the NDIS, there may be times when you do not agree with other decisions made about your plan.
The majority of decisions made by the National Disability Insurance Agency under the NDIS Act (2013) are ‘reviewable decisions’. For more information about decisions that can be reviewed by the National Disability Insurance Agency or Administrative Appeals Tribunal (AAT) please contact the National Disability Insurance Agency, or the AAT.
The process for requesting a review of other decisions about your plan is the similar to the review of decisions about access:
- First you need to ask the National Disability Insurance Agency for an internal review of a decision.
- After the internal review, if you are still not happy with the National Disability Insurance Agency’s decision you can apply for an external review by the Administrative Appeals Tribunal (AAT).
- You can also get help from the National Disability Advocacy Program (NDAP).
Workers at the Commonwealth Ombudsman’s Office do not have a role in decisions about your plan other than access. They can direct you to other Government Departments who do.
When you pay for a product or service as an NDIS participant you have rights to a good service under the Australian Consumer Law. if you are not happy with the service you are receiving the Australian Consumer Complaints Commission (ACCC) Ph. 1300 302 502 is another place to go for help.
The ACCC has lots of information and resources to help you understand and use your consumer rights: www.accc.gov.au