Unhappy with an NDIS decision fact sheet

Unhappy with an NDIS decision?

If you are unhappy with an NDIS decision, you can ask for it to be reviewed.  The most common NDIS decisions that are reviewed are when:

  • The NDIS say you can’t be a participant
  • The NDIS say they won’t give you a support or enough money for a support in your plan

How do I review an NDIS decision?

You have three months from the date of the plan or from receiving the decision by letter to ask for a review.  You can do this by:

This is called an internal review and you must do this first.

What do I need to say?

You should:

  • clearly identify the decision and the date it was made (eg. your letter or Plan date)
  • ask for this decision to be reviewed
  • explain why you think the decision is wrong
  • provide evidence to support why you think the decision is wrong (eg. letter from your doctor or support worker)

Who can help me with my review?

An advocate from Advocacy Tasmania can help you make an application for an internal review. You can contact them on:

  • 1800 005 131 | Free Call
  • (03) 6224 2240 | Interstate and Mobile Calls
  • 0457 806 963 | SMS only
  • PO Box 426, Sandy Bay, TAS 7006
  • advocacy@advocacytasmania.org.au

What happens next?

You will receive a letter telling you whether or not the NDIS has changed the original decision.

If the letter does not give the reasons for the decision you can write to the Agency within 28 days of receiving the letter and ask that they provide better reasons for decision.

I’m still not happy, what can I do?

If you are not happy with this internal review decision, you can apply to the Administrative Appeals Tribunal (AAT) for a further review. This is known as an NDIS Appeal.

You must lodge your application within 28 days of the NDIS internal review decision by calling the AAT on 1800 228 333 or completing an application online .

Who can help me?

An advocate from Advocacy Tasmania can help you make an application to the AAT for an NDIS Appeal.  They are sometimes called an NDIS Appeals Support Person.  This is a free service.  For more information about what they can do, go to the Department of Social Services NDIS Appeals page.

You might also be eligible for legal services by the Legal Aid Commission of Tasmania's NDIS lawyer  if your case raises complex or novel issues.  This is a free service.  Your advocate can help you apply.

Last updated: 24-August-2018