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National Disability Insurance Scheme

Information about applying for support under the National Disability Insurance Scheme (NDIS).

  • This topic covers

    This topic covers

    • Who is eligible for the NDIS
    • Applying for the NDIS
    • Seeking a review of a decision about the NDIS
    • Buying goods and services under the NDIS

    The NDIS provides support to people under the age of 65 who have a significant and permanent disability. The NDIS also provides people living with a disability, their family and carers with information and referrals to existing support services in the community. 

Time limitAction
28 daysFrom receiving the decision from NDIS to apply for a review by the Administrative Appeals Tribunal (AAT), if you are unhappy with an internal review decision. If you are past this time limit, you can apply for an extension of time. The AAT may extend the time limit if it thinks this is reasonable.
Within 3 monthsOf receiving notice of the decision to apply for an internal review, if you are unhappy with a decision about NDIS.
3 years

From when the cause of action occurs (the event that you are complaining about) to apply to NSW Civil and Administrative Tribunal (NCAT) about a consumer claim to do with goods and services.

The cause of action may happen:

  • when the goods or services were supplied or meant to be supplied, or 
  • it might be later when you found out about a problem with the goods or services.

The application must also be made within a maximum of 10 years of the goods and services being supplied. These time limits apply together and you have to be within both time limits to apply to NCAT. For example, if it has been more than three years since the cause of action you will not be able to apply to NCAT, even if it is less than 10 years since the goods or services were supplied.

Organisation

OrganisationResponsibilities
National Disability Insurance Agency (NDIA)
The Scheme is managed by NDIA, which is a Commonwealth Government agency.
An application for an internal review of a decision of the NDIA can be made to the NDIA. 
Administrative Appeals Tribunal (AAT)An application for a review of an internal review decision can be made to the AAT.
NSW Fair TradingNSW Fair Trading can receive complaints about goods and services that have been purchased in NSW. They may be able to help customers negotiate with vendors.
NSW Civil and Administrative Tribunal (NCAT)
If you are unable to resolve a dispute about goods and services, you may apply to the NCAT for orders for repair, replacement, refund and/or compensation.
NDIS Quality and Safeguards Commission (NDIS Commission)
The NDIS Commission registers and regulates providers in NSW and SA. It can receive complaints about disability service providers.
Commonwealth OmbudsmanThe Commonwealth Ombudsman can receive complaints about the NDIA.

Legislation

AuthorityCovers
National Disability Insurance Scheme Act 2013 (Cth)

Sets out:

  • who is eligible under the Scheme
  • how a plan under the Scheme is prepared
  • what supports and services will be funded, and
  • how decisions about the NDIS can be reviewed.
National Disability Insurance Scheme Rules
 Set out the more detailed rules on how the NDIS operates. It includes rules on becoming a participant, supports, children and plan management.
Operational Guidelines of the National Disability Insurance Agency (NDIA)
These Guidelines set out how the NDIA operates. It includes guidelines on applying, planning, specific types of supports, child representatives, registered providers, compensation and review of decisions.
Australian Consumer Law (ACL)The Competition and Consumer Act 2010 (Cth) outlines consumer protection laws and adopts the ACL in Schedule 2 of the Act.

Common termDefinition
Access Request FormThe form you must fill in to become part of the NDIS.
Access requirementsThe criteria you need to meet to become an NDIS participant, including age, residency and disability. 
CarerSomeone who provides personal care, support and help to a person with disability and is not contracted as a paid or voluntary worker, often a family member or guardian.
Early Childhood Early Intervention (ECEI)Providing support early in life to reduce the effects of disability later in life or improving functional capacity. ECEI is provided to children less than six years old under the NDIS.
Local Area Coordinators (LAC)Local organisations working in partnership with the NDIA, to help participants, their families and carers access the NDIS. Local Area Coordinators will help participants write and manage their plans and also connect participants to mainstream services and local and community-based supports.
​NDIA​National Disability Insurance Agency. The Commonwealth government organisation administering the NDIS.
​Nominee​A person who acts and makes decisions for a person in the NDIS.
​Participant​A person who meets the access requirements for the NDIS.
​PlanA written agreement worked out with a person, setting out their goals and needs and the supports the NDIS will fund.
​Provider​Someone who has products or services to help participants achieve the goals in their plan. Participants can choose their providers and change providers at any time. This is also known as choice and control.
​Support coordinator​Someone who helps a participant understand their plan, choose service providers, and manage the supports. The NDIA puts specific funding in a participant's plan if they need the help of a support coordinator.  

OrganisationFee
National Disability Insurance Agency (NDIA)There are no application fees for the NDIS or to seek a review of a decision.

OrganisationForm
National Disability Insurance Agency (NDIA)To become part of the NDIS you may complete an Access Request Form. You must contact the NDIA to request a copy of the form - see Contact on the NDIS website.
Internal Review of a NDIA decision

To apply for an internal review of a decision you can:

  • talk to someone at a NDIA office
  • call the NDIA on 1800 800 110
  • send an email to enquiries@ndis.gov.au
  • send a letter to: Chief Executive Officer National Disability Insurance Agency GPO Box 700 Canberra ACT 2601
  • apply for a review of a reviewable decision - see Request a review of a decision on the NDIS website.
Administrative Appeals Tribunal (AAT)

To apply for a review by the AAT, you can:

TypeCosts
Legal costsThere are no costs for either an internal review application or an application for review before the AAT.
Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about the National Disability Insurance Scheme.

Go to questions

Our services

NDIS Service

A specialist service of Legal Aid NSW that provides advice about the NDIS and may be available for representation in a review of a decision in the AAT and for an appeal from the AAT.

Your Story Disability Legal

Support for people with disability, their families, carers, supporters and advocates who want to tell their story to the Royal Commission into Violence, Abuse, Neglect and Exploitation.

More services

Ability Rights Centre

The Ability Rights Centre is a service of the Intellectual Disability Rights Service that provides legal advice and advocacy, and NDIS appeals support. Call on 02 9265 6350.

NDIS Appeals Program

Can provide support to a person seeking review of an NDIA decision in the AAT, including helping prepare documents and attending conferences and hearings with the person.

Solicitor Referral Scheme

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Last updated: December 2023