Requesting a review: Knowing your options
If you aren’t satisfied with a decision regarding your NDIS claim, or feel like you’ve missed out on something in your plan, it’s important to know that you have options.
As you, or the person that you are caring for, travels through life, it’s inevitable that you will disagree with decisions that the NDIA makes about your plan.
If you would like to take the matter further, there are two ways you can request to have a decision reviewed.
Request an Internal Review
This is the first review you can request. There is a list of ‘reviewable decisions embedded in the NDIS legislation. Many decisions made by the NDIA are reviewable, including things like being accepted as a participant and the provision of reasonable and necessary supports.
Once the review is completed, you will receive a formal reply outline the decision, the reasons used and further options open to you.
Request an Administrative Appeals Tribunal Review
If you are still not happy after the internal review of the decision has been completed, you do have the option to apply for an Administrative Appeals Tribunal (AAT) review. The AAT is an external independent tribunal. This can be a very formal process and is usually only used as a last resort.
While these are the options available to you, there are a number of steps you can take before embarking on one of these reviews.
Talk to a trusted friend or family member
An NDIA decision that doesn’t go the way you think it should can be an emotional and distressing situation. Moral support from your trusted inner circle can really help keep you focussed on the process you need to work through.
Write down your initial thoughts as soon as possible
Start by writing down, point by point, why you disagree with a decision. Don’t feel pressured to include too many details - just try to get down on paper some of your gut feelings in dot points. This can help you start to focus on your arguments for a review being upheld.
.Understand that you’re not alone
Reach out to your support networks, whether it’s Facebook user groups, associations and support groups, and get their perspective. There are plenty of groups out there with members who are usually very enthusiastic to help out. In fact, more often than not, there will be someone out there who has already been through a similar issue to yours, and advice on how they handled a certain situation can be very useful.
There are also professional advocacy providers, such as Purple Leopard Plan Management, that can provide support, guidance and professional advice.
Do your own research
Spend some time researching, and see if you can find information on similar scenarios to yours. Again, you may want to ask your support networks for some direction on where to start looking, or if they already have documents you can refer to.
Talk to your Local Area Coordinator (LAC)
While your LAC isn’t involved in any review decisions, make sure they are your first point of contact throughout this process. They can provide really helpful insight on how to structure an argument, and also provide you with some general information regarding similar requests for review that have happened in the past.
Keep a diary and gets responses in writing wherever possible
Keep a record of any calls you make to the NDIS/NDIA and any discussions you have with your LAC. Write down the date and time of the conversation, who you spoke to, and some dots points detailing what they said. It can be very helpful to be able to refer to dates and times of past conversations, especially when it comes to complex cases.
Talk to a professional advocate
Depending on the complexity of the issue, advocate services such as the one Purple Leopard Plan Management provides can be really useful in helping you structure an argument.
They can sit down with you and go through everything step-by-step, and also advise you on what evidence (such as reports from allied health workers etc.) can be beneficial to your case. They can even go along to any meetings with you should you require additional support.
Gather your evidence
After discussions with your professional advocate, gather all the evidence you have, such as specialist reports and details on precedents etc, in order to support your reasons for requesting a review.
Your advocate can also help you present the information to your specialist to include in their report.
How do I submit a review request?
A request for a review is your opportunity to explain why you think the decision is incorrect. You can make a request for an internal review of a decision by:
submitting a written request to
Chief Executive Officer
National Disability Insurance Agency
GPO Box 700
Canberra ACT 2601talking to someone at an NDIA office
calling 1800 800 110
sending an email to: enquiries@ndis.gov.au
How do I submit an Administrative Appeals tribunal request?
If you are still not happy after an internal review, you can apply for an AAT review. The AAT is an external independent tribunal. It’s the last step in the process and any review request can’t be considered until the NDIA internal review has run its full course.
An AAT review is a more formal process, and, as such, it is even more critical that you get professional assistance either from a professional advocate or even a legal counsel.
For information about applying for an AAT review, visit the AAT website or call 1800 228 333.
And finally, try to be patient. While there are service standards in place, and the NDIA generally try to resolve a review as quickly as they can, the wheels of government can move more slowly than what we would like.
Remember, no matter what the issue is, there’s support out there for you. The team at Purple Leopard Plan Management can help walk you through options and stand alongside you throughout the process - we’re on your side!
For more information on requesting a review, or to get in touch with a Professional Advocate, get in touch with the Purple Leopard Plan Management team here.