Information for National Disability Insurance Scheme applicants

Review of National Disability Insurance Scheme decisions

This page includes information about the AAT's role, how to apply for review, how the AAT will conduct reviews and support services that are available for applicants.

What decisions can the AAT review?

The AAT can review a range of decisions made by the National Disability Insurance Agency under the National Disability Insurance Scheme Act 2013 (NDIS Act), including decisions about who is eligible to access the scheme, supports provided under the scheme and the registration of providers of supports.

If you disagree with a decision made by the National Disability Insurance Agency, you must first ask the Agency to review the decision. This is called an internal review. We cannot review a decision until you have had an internal review.

We cannot review every decision that the Agency makes. We can only review a decision if the NDIS Act states that we can review it. The decision you have been given will say whether we can review it.

Return to top of page

How do I apply for review?

You can:

You can send the form or letter to us by post, email or fax. Ask us if you need help with your application.

An application must be made within 28 days after you receive the decision from the National Disability Insurance Agency. We can extend this time if we think it is reasonable to do so.

For more information see our fact sheet Review of National Disability Insurance Scheme decisions: Applying for review.

Return to top of page

How will the AAT conduct the review?

The AAT has developed a practice direction which governs how we will review a decision made by the National Disability Insurance Agency.

A review will usually have a number of steps.

  • An AAT Contact Officer will contact you within 3 days of receiving your application to talk about your application.

  • We will tell the Agency we have received your application. They will send to you and to the AAT a copy of all the documents they have that are relevant to your application.

  • In most cases, we will hold a Case Conference. This is an informal meeting run by the AAT to discuss whether your case can be resolved by agreement and, if not, to prepare a Case Plan about how your application will proceed.

  • If considered appropriate, the AAT will list the application for a Conciliation. The AAT will work with you and the Agency to help you try to reach agreement about how the case should be resolved.

  • If the case is not resolved by agreement, the AAT will hold a Hearing and make a decision. You can request a Fast-Track Hearing at the Case Conference if you believe you have all the relevant information necessary for a decision to be made about your application, you do not want to attend a Conciliation and your main objective is to get a formal decision quickly.

For more information about the review process, view a video message from Justice Duncan Kerr, President of the AAT.

Return to top of page

Can I ask someone to help me when I come to the AAT?

You can deal directly with the AAT or you can ask someone to help you.

If you want to, you can make your own arrangements for a lawyer to represent you. If you do this, we will send all documents relating to your case to your lawyer.

You can ask a support person, a family member or a friend to help you with your case or support you when you come to the AAT. If you tell us that you have someone helping you, we can send all documents relating to your case to that person as well as to you.

The Australian Government has funded a number of services to assist people who apply for review of NDIS decisions. You can contact a support person in your area who will be able to help you understand the AAT process, attend conferences and hearings with you, and assist you put your case to the AAT. The support person is independent of the AAT and the National Disability Insurance Agency.

Support persons are employed by the following disability advocacy agencies:

Australian Capital Territory

ACT Disability Aged and Carer Advocacy Service

Phone 02 6242 5060

New South Wales (Hunter)

Disability Advocacy NSW
Phone 02 4927 0111 or 1300 365 085

South Australia and Northern Territory (Barkly)

Brain Injury Network South Australia
Phone 08 8217 7600 or 1300 733 049

Tasmania

Advocacy Tasmania Inc

Phone 1800 005 131

Victoria (Barwon)

Regional Information and Advocacy Council
Phone 03 5245 7986

Western Australia (Perth Hills)

Midland Information Debt and Legal Advocacy Services

Phone 08 9250 2123

You may be able to access legal services that are funded if the Department of Social Services determines that your case raises complex or novel issues.

More information about the available support services is on the Department of Social Services website.

Return to top of page

Contact us if you need more information or have any questions

Contact us by phone, email, post or fax if you want more information about applying to the AAT.

If you have already lodged an application and you know who your AAT Contact Officer is, they can help you with any queries you may have. Their contact details are in the letters we have sent to you.