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Not happy with a National Disability Insurance Scheme decision

Not happy with an NDIS decision? You can challenge it

Have you applied for, or do you receive, services or supports paid for by the National Disability Insurance Scheme (NDIS)?

The National Disability Insurance Agency (NDIA) decides if you can join the NDIS and what services and supports you can get.

What can I do if I am unhappy with a decision of the NDIA?

You can challenge the decision you are not happy with. For example, you can ask them to change a decision:

  • to not let you join the NDIS
  • about the services and supports they will pay for under your NDIS Plan
  • about the amount they gave you in your NDIS Plan
  • about them appointing a nominee for you
  • limiting the amount they give you because of compensation you have received
  • refusing to review your NDIS Plan.

Asking the NDIA to review their decision is different to complaining about a service. If you are not happy with a decision the NDIA made - make sure they understand you want them to review their decision.

How do I challenge a NDIS decision?

1. Ask the NDIA to review the decision. You must do this no later than 3 months after you get the NDIA’s decision in writing. You should:

  • explain why you think the decision is wrong
  • give them evidence that you think may help them change their mind

The NDIA may change their mind and make a new decision.

2. If you are still not happy with the decision the NDIA makes, you can ask the Administrative Appeals Tribunal to look at the NDIA’s decision. This is called an appeal. You must lodge your appeal with the Administrative Appeals Tribunal no later than 28 days after you get the NDIA’s review decision.

Where can I get more help?

Call LawAccess NSW on 1300 888 529 for information and advice about any NDIS problem.

June 2021