How to Appeal NDIS Decisions: Your Complete Guide

Not happy with an NDIS decision? You have the right to challenge it. Whether it's about your access to the scheme, the supports in your plan, or funding amounts, there are clear steps you can take to request a review.

Key Point: You DO NOT need a lawyer to appeal an NDIS decision. Free support and advocacy services are available to help you through the process.

What NDIS Decisions Can Be Appealed?

You can request a review of decisions about:

• Access to the NDIS (application rejected or revoked)
• Supports included (or not included) in your plan
• Amount of funding for specific support categories
• Plan management type
• Plan review decisions
• Nominee arrangements

The Two-Step Appeal Process

There are two levels of review for NDIS decisions:

1. Internal Review (by the NDIA) - FREE
2. External Review (by the Administrative Appeals Tribunal - AAT) - FREE

You MUST do an internal review first before you can apply for external review.

Step 1: Internal Review (NDIA)

What Is It?

An internal review is when the NDIA looks at the decision again. A different NDIA staff member will review all the evidence and decide whether to confirm, vary, or set aside the decision.

Time Limits

• How Long Do You Have to Request a Review? 3 months from the date of the decision notice
• How Long Does the NDIA Have to Decide? 60 days from receiving your request

How to Request an Internal Review

Option 1: Online (Fastest)

• Log in to your myplace portal: myplace.ndis.gov.au
• Go to "Requests" → "Request an internal review"
• Complete the form and upload supporting documents

Option 2: By Phone

• Call the NDIA: 1800 800 110
• Tell them you want to request an internal review
• Follow up in writing

Option 3: In Writing

Send a letter or email to:

• Postal: Internal Review Team, National Disability Insurance Agency, GPO Box 700, Canberra ACT 2601
• Email: enquiries@ndis.gov.au (include "Internal Review Request" in the subject line)

What to Include in Your Request

1. Your Details: Full name, NDIS number, contact information
2. The Decision You're Appealing: Date and details of the decision
3. Why You Disagree: Explain your reasons
4. What You Want: Be specific (e.g., "I want my therapy supports increased to $12,000")
5. Supporting Evidence: Reports from doctors, therapists, or specialists; quotes from providers; any other supporting documents

Tip: The more evidence you provide, the stronger your case. Don't just say "I need more funding" - explain WHY and provide proof.

Step 2: External Review (AAT)

What Is It?

If you're still unhappy after the internal review, you can apply for an external review by the Administrative Appeals Tribunal (AAT). The AAT is an independent body that reviews government decisions.

When Can You Apply?

• After you receive the internal review decision from the NDIA, OR
• 60 days after requesting an internal review (if the NDIA hasn't decided yet)

Time Limit

28 days from receiving the internal review decision

How to Apply for AAT Review

Option 1: Online (Recommended)

• Visit: aat.gov.au
• Complete the online application form
• Upload supporting documents

Option 2: By Post

• Download the application form from aat.gov.au
• Complete and mail to: Administrative Appeals Tribunal, GPO Box 9955, [Your capital city]

Cost: FREE (no application fee for NDIS matters)

What Happens at the AAT?

1. Case Conference (Optional but Common) - Informal discussion to see if the matter can be resolved
2. Hearing (If Needed) - Formal hearing where both sides present evidence
3. Decision - The AAT can affirm, vary, or set aside the NDIA decision

Timeline: AAT reviews can take 3-12 months depending on complexity.

Getting Help with Your Appeal

You don't have to do this alone. Free support is available:

1. Disability Advocacy Services (FREE)

Independent advocates can help you understand the process, gather evidence, write your appeal, and represent you at AAT hearings.

• Disability Advocacy Network Australia (DANA): dana.org.au
• National Disability Advocacy Program: dss.gov.au/ndap

2. Support Coordinators

If you have support coordination funding in your plan, your coordinator can help you navigate the appeal process and gather evidence.

3. Legal Aid (FREE for Eligible People)

Legal Aid offers free legal help for NDIS appeals if you meet their eligibility criteria. Search "Legal Aid [your state] NDIS" online.

Tips for a Successful Appeal

1. Act Quickly - Don't wait until the last minute
2. Get Evidence - Medical reports, therapy reports, functional assessments, quotes, impact statements
3. Be Specific - Explain WHAT you need, WHY you need it, and HOW MUCH it will cost
4. Focus on "Reasonable and Necessary" - Frame your appeal around NDIS criteria
5. Stay Calm and Professional - Stay respectful and focused on facts

Common Questions

Q: Can I keep using my current plan while I wait for a review?
A: Yes. Your current plan stays in place until a new decision is made.

Q: Will the NDIA reduce my plan because I appealed?
A: No. Appealing cannot make your plan worse. The worst outcome is that the decision stays the same.

Q: Do I need a lawyer?
A: No. Most appeals succeed without lawyers. Free advocates can help you just as effectively.

Q: What if I miss the deadline?
A: You can still apply, but you'll need to explain why you're late and request an extension.

Key Contacts

References & Further Reading

• NDIS Internal Reviews
• Administrative Appeals Tribunal