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Policy Bulletin 2 / 18 (Civil Law Policy – National Disability Insurance Scheme appeals)

5 Jun 2018

The Legal Aid NSW Board has approved changes to the Civil Law Policy relating to the review of decisions under the National Disability Insurance Scheme.

1 May 2018

On 6 March 2018, the Legal Aid NSW Board approved an amendment to the Civil Law Policy making legal aid available for representation in the Administrative Appeal Tribunal (AAT) for review of a reviewable decision under the National Disability Insurance Scheme Act 2013.

Background

The National Disability Insurance Scheme Act 2013 (the NDIS Act) creates the framework for the national scheme, including the system of reviewing certain decisions made under the NDIS Act. The National Disability Insurance Agency (NDIA) administers the NDIS and makes determinations under the NDIS Act. The Administrative Appeals Tribunal (AAT) is the external merits review body for review of NDIA decisions.

If a person disagrees with a decision made by the NDIA they can appeal against that decision to the AAT. Legal Aid NSW has entered into a funding agreement with the Commonwealth Government which means Legal Aid NSW can provide legal representation to eligible people who want to appeal against an NDIA decision.

What has changed?

Legal Aid NSW will determine eligibility using Guidelines that have been provided by the Commonwealth Government and approved by the Legal Aid NSW Board. There will be no Means Test applied or final contributions imposed.

See Policy Online at Civil Law Policy 6.20A.

Commencement date

The change applies to applications for legal aid determined on or after 4 June 2018.

Contact for further information

Please contact the In-house Counsel Unit for any questions about the change on legalpolicy@legalaid.nsw.gov.au or contact Aideen McGarrigle on 9219 5701.