The Administrative Appeals Tribunal (AAT) reviews decisions made by the National Disability Insurance Agency under the National Disability Insurance Scheme Act 2013. We are independent of the Agency. We take a fresh look at a decision and decide if it should stay the same or be changed.

When this Fact Sheet refers to “You” it means the applicant, and includes his or her nominee, representative or support person. When it refers to “We” or “Us” it means the AAT.

What decisions can the AAT review?

If you disagree with a decision made by the National Disability Insurance Agency, you must first ask the Agency to review its 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 law states that we can. When the Agency gives you a decision, they must tell you if we can review it.

Some of the decisions we can review are:

  • a decision that a person does not meet the access criteria
  • a decision to approve the statement of supports in a participant's plan
  • a decision not to review a participant’s plan
  • a decision to approve a person or entity as a registered provider of supports
  • a decision to revoke an approval as a registered provider of supports
  • a decision to make, or not to make, a determination about who may do things on behalf of a child
  • a decision to make, or not to make, a determination that a person has parental responsibility for a child
  • a decision to appoint a plan nominee or a correspondence nominee.

You can contact us if you are not sure whether we can review your decision.

Return to top of page

How do I apply?

You can fill out an application form or write us a letter, and send it to us by post, email or fax. We can help you complete your application if you need assistance.

Filling out the application form

The application form is available on our website or you can ask us to send you one. It will help us if you attach a copy of the decision to your application.

Writing us a letter

If you write us an application letter, it should include:

  • your name, address and telephone number
  • the date you received the decision
  • brief reasons why you think the decision is wrong; and
  • a copy of the decision.

If you can’t give us a copy of the decision, then include a brief description of the decision in your letter.

Return to top of page

Is there a time limit for applying?

Yes. You must apply within 28 days after you receive a decision from the National Disability Insurance Agency. We can extend this time if we think it is reasonable to do so. You will need to explain why we should do so.

You can apply for an extension of time by filling out the form on our website or by writing us a letter. We can send you an application form and can help you complete the form if you need assistance.

Return to top of page

Is there an application fee?

No, there is no application fee.

Return to top of page

What happens when I lodge my application?

When we receive your application, we will assign a Contact Officer to be your AAT contact throughout your case. Your Contact Officer will contact you within 3 days of receiving your application to discuss:

  • what will happen with your application
  • your contact details and how you would like us to communicate with you
  • who is helping you with your application
  • any assistance you will need to participate in the review process, including assistive technology, interpreters or other access requirements
  • the most suitable times and places for you to attend a Case Conference or Hearing.

You can contact your Contact Officer at any time to ask questions, check on the progress of your application, or for any other help you need.

For more information about the steps in the review process, see the Review of National Disability Insurance Scheme Decisions Practice Direction on our website. You will also find other fact sheets on each stage of the review process.

Return to top of page

What decisions can the AAT make?

When the AAT reviews a decision made by the National Disability Insurance Agency it can:

  • affirm the decision (meaning the decision is not changed); or
  • vary the decision (meaning part of the decision is changed); or
  • set aside the decision, and make a new decision in its place or send the case back to the Agency to make a new decision.

Return to top of page

Can I withdraw my application?

You can write to us at any time and tell us that you want to withdraw your application. If you would prefer, we can send you a withdrawal form to sign and return to us. It is also on our website. You do not have to explain why you want to withdraw.

Return to top of page

Contact us if you need more information or have any questions

Contact us by mail, phone, fax or email.

Version: July 2014