The Department of Social Services has provided funding to QAI and other NDAP advocacy organisations to provide advocacy, support and referral to people with disability and their families for NDIS Appeals.
The objective is to ensure that all people with disability and other affected persons have:
- Access to a support person, for applicants seeking review of NDIA decisions; and
- Access to legal services, in circumstances where a case raises complex or novel legal issues, for applicants seeking an external merits review in the AAT.
If you think a decision made by the National Disability Insurance Agency (NDIA) about you is wrong, you can submit an application for internal review of a decision. Any person directly affected by a decision of the NDIA can request such a review.
There are three levels of decisions made about the NDIS that can affect you:
- The original decision (made by the NDIA) – such as whether you are eligible to enter the NDIS.
- The internal review decision (outcome from the internal review process) – for example: under the NDIS Act a participant, or plan nominee, may request a review of their plan at any time. To ensure clarity of reason for the request, the participant is required to complete the ‘request for plan review’ in a form provided by the NDIA.
- The AAT review decision (NDIS Appeals decision) – for example if you are still unhappy with the decision made about your Plan review.
What can I do if I feel a decision made by the NDIA is wrong?
Any person that is directly affected by a decision of the NDIA can submit an application for an Internal Review of a decision. There is a list of reviewable decisions in the NDIS legislation. Decisions such as being accepted as a participant of the NDIS or the level of support deemed reasonable and necessary are reviewable.
How does the Internal Review process work?
When you are told about an NDIA decision, you should be informed by letter how to request an internal review. A request for internal review of a decision must be made within three months of receiving notice of the decision from the NDIA.
The NDIA staff member who works on the internal review will not have been involved in the earlier decision. They may want to talk to you directly as part of this process. This person will decide whether to confirm, vary or set aside and substitute the original decision.
What if you are still dissatisfied after the internal review of the decision?
If you are still not happy after the internal review of the decision, you can apply for a review by the Administrative Appeals Tribunal (AAT), a tribunal that exists outside the NDIA.
An application can be made to the AAT within 28 days of being notified of the Internal Review decision. Individuals should be informed of their right to appeal a decision in the letter they receive advising them of the outcome of their internal review.
Is there any support available to go NDIS Appeals Process?
The services of a support person are provided by National Disability Advocacy Program (NDAP) agencies located in every National Disability Insurance Scheme (NDIS) site. A support person can help by:
- explaining the review process, including what is involved pursuing an appeal to the AAT;
- assisting with the preparation of the required documents;
- providing advice and skills so the person who is lodging the appeal can better represent themselves, or
- attending AAT conferences and hearings to help the person to put their case to the AAT.
What if I have concerns about the decision-making process?
If you are not satisfied with the way the NDIA carried out its decision-making, or how the NDIA dealt with you during the review process, you can make a complaint.
QAI will provide support, advocacy and advice to individuals and relevant persons in the rollout areas of Toowoomba and west to the borders (Local government areas of Balonne, Bulloo, Goondiwindi, Maranoa, Murweh, Paroo, Quilpie, Southern Downs, Toowoomba, Western Downs) and soon in the areas of Ipswich, Lockyer Valley, Scenic Rim and Somerset areas) which rollout from 1st July 2017.
Ahead of rollout, QAI will provide information and awareness on individuals rights to review decisions made by the NDIA and the supports available to participants in the following areas:- Rockhampton, Gladstone and west to the borders (local government areas of Banana, Barcaldine, Barcoo, Blackall Tambo, Central Highlands, Diamantina, Gladstone, Livingstone, Longreach, Rockhampton, Winton, Woorabinda) which rollout from 1st January 2018.
Other areas which QAI will also provide information and awareness to include , North Burnett, South Burnett and Cherbourg local government areas from 1 July 2018, Redlands also from July 2018; and Gympie from January 2019.
Contact QAI on 07 38444 200 or 1300 130 582
FAX 07 3844 4220