Sometimes the NDIA decides something you don’t agree with. Your application gets rejected. Your plan has less funding than you need. A specific support gets denied. There’s a process for challenging these decisions. It takes time and patience, but it’s worth knowing about because a lot of decisions get overturned on appeal.
Step One: Requesting an Internal Review
The first step is an internal review. This is when you ask the NDIA to look at the decision again. You have three months from the decision date to lodge an internal review. The form is on the NDIS website or you can call them on 1800 800 110.
Making Your Case With Evidence
When you ask for an internal review, you have to say what you want changed and why. Don’t just say “I disagree.” Be specific. “I’m requesting a review of the decision to deny funding for transport assistance because my plan does not currently provide adequate support for me to attend medical appointments at Blacktown Hospital, which I have weekly.” Pair this with evidence. Reports, letters from professionals, your own description of how the decision affects you.
What Happens During an Internal Review
A different NDIA staff member reviews the decision. This isn’t quite the same as a fresh assessment but it’s a fresh pair of eyes. They can confirm the original decision, change part of it, or change the whole thing. Internal reviews can take a few months, sometimes longer. The NDIA is often slow with reviews and there’s no firm deadline they have to meet.
Taking Your Case to the Administrative Appeals Tribunal (AAT)
If you’re not happy with the internal review outcome, you can take it to the Administrative Appeals Tribunal (AAT). The AAT is independent of the NDIA. They look at the decision afresh and decide what they think is right. AAT cases can take longer (often a year or more) but the AAT often finds in favour of participants when the case has merit.
Getting Legal or Advocacy Help
You can have legal help with AAT cases. The AAT itself doesn’t usually need lawyers but having someone who knows the process helps. Legal Aid NSW, Disability Legal Service, and similar organisations sometimes provide help for free. There’s also a National Disability Advocacy Program that funds advocates to support participants through reviews and appeals.
Complaining About a Provider vs Appealing an NDIA Decision
There’s another option for some situations: complaining to the NDIS Quality and Safeguards Commission. This is for complaints about provider behaviour, not about NDIA funding decisions. If a provider has done the wrong thing, the Commission investigates. This is separate from challenging the NDIA’s decisions about your plan.
What Happens to Your Supports While You Appeal
While appeals are running, your existing plan continues. You don’t lose what you have just because you’re challenging a decision. If you don’t have a plan yet (because you got rejected for access), you don’t have NDIS supports during the appeal. This is hard. Some people use community services or rely on family while the process runs.
Keeping Records Throughout the Process
Keep records of everything. Every phone call, every email, every meeting. Write down what was said and when. The NDIA isn’t always reliable about following up on what’s been said in conversations, so your records can be the difference between getting what you asked for and not.
Be polite but firm. The people who handle reviews are often not the same people who made the original decision. Being aggressive with them doesn’t help. Stick to facts and evidence. Make your case clearly. Repeat it as often as needed.
Getting Help in Western Sydney
Get help if you can. Advocacy organisations exist specifically for this kind of thing. Disability Advocacy NSW covers Western Sydney. People with Disability Australia takes some matters. Your LAC can sometimes help with simpler issues, though they’re employed by NDIA partner organisations so their independence is limited.
Why Appeals Succeed
Common reasons appeals succeed. The original decision was based on incomplete evidence and you’ve now provided more. The decision misunderstood your situation and you can clarify. The decision misapplied the NDIS rules and you can demonstrate this. The decision was made by someone who didn’t have the right expertise to assess your situation. New evidence has emerged since the original decision.
Don’t take the first knockback as final. The NDIA isn’t infallible. Decisions get changed all the time when challenged. About a third of internal reviews result in some change. AAT decisions favour participants in many cases, particularly where the original decision wasn’t well supported by evidence.
If you’re feeling overwhelmed by the appeals process, that’s normal. It’s a system that’s hard to navigate. Get an advocate. Take it one step at a time. The deadlines are real (three months for internal review) but once you’ve lodged, you have time to build your case properly.
Frequently Asked Questions
How long do I have to request an NDIS internal review?
Three months from the date of the decision. The request form is on the NDIS website or can be lodged by calling 1800 800 110.
What is the Administrative Appeals Tribunal (AAT)?
An independent body that reviews NDIA decisions afresh if you’re not satisfied with the outcome of an internal review. AAT cases can take a year or more.
Do I keep my NDIS supports while I appeal a decision?
Yes, if you already have an approved plan, it continues while an appeal is in progress. If your access was rejected outright, you don’t have NDIS supports during the appeal.
Is advocacy support free for NDIS appeals?
Often yes. Organisations such as Disability Advocacy NSW, Legal Aid NSW, and the National Disability Advocacy Program provide free help with reviews and appeals.
How often do NDIS appeals succeed?
A meaningful share succeed. Roughly a third of internal reviews result in some change, and the AAT frequently finds in favour of participants when the original decision lacked strong evidence.
