An NDIS internal review is how you ask the National Disability Insurance Agency (NDIA) to look again at a decision you disagree with. It might be a decision that you are not eligible, or one about the supports in your plan. You have the right to ask, and the process is set out in NDIS law. This guide explains which decisions can be reviewed, how to ask, and what happens if you still disagree.
The process in brief:
- Ask the NDIA to explain the decision.
- Check the decision is one that can be reviewed.
- Ask for an internal review within 3 months of receiving the decision in writing.
- Say why you disagree and add any new evidence.
- If you still disagree, ask the Administrative Review Tribunal for an external review.
What a decision review is
A decision review is the process the NDIA follows when you do not agree with a decision it has made. It gives applicants and participants a chance to ask for a second opinion.
There are two stages. The first is an internal review, carried out by the NDIA. The second is an external review by the Administrative Review Tribunal, which you can only ask for once you have the internal review decision. In both, the decision is checked against the law, the facts and your circumstances.
Decisions you can ask to have reviewed
NDIS law sets out which decisions can be reviewed. Many can, but some cannot. Common reviewable decisions, as listed on ndis.gov.au, include decisions that:
- you are not eligible for the NDIS, or are no longer eligible
- approve your plan, including the supports funded in it
- refuse to do a plan reassessment or a plan variation
- vary your plan
- you need a plan nominee or a different child representative.
The full list is in the NDIA’s reviewing our decisions guideline. If you are not sure whether your decision can be reviewed, ask the NDIA or your my NDIS contact before you start.
Before you ask: understand why the decision was made
A review goes better when you know the reasoning behind the original decision. You can contact the NDIA and ask them to explain it, through the online service hub, your my NDIS contact or a local office.
Sometimes the explanation shows that a piece of evidence was missing or misread. Sometimes it shows another way to get the support you need, without a review. Either way, you will be clearer about what to put in your request.
It also helps to reread your plan. The guide to understanding your NDIS plan explains how supports and budgets are set out.
How to request an internal review, step by step
Check the decision is reviewable
Match your decision against the reviewable decisions above or the full guideline. If it is not on the list, a review is not the right route, and the NDIA can tell you what options remain.
Check you are within 3 months
You must ask for an internal review within 3 months of the day you received the decision in writing. Note the date on the letter as soon as it arrives, so the window does not slip past.
Say why, and add any new evidence
Tell the NDIA what decision you expected, why you think it should be different, which information you have already given that you want reassessed, and whether you will send new evidence. Reports or letters explaining your disability and its impact on daily life are the kind of evidence that can help. The NDIA may also ask you for extra documents and will tell you what it needs.
You can ask through the service hub, by letter, in person at a local office, or by sending the NDIA’s request for a review of a decision form. Family, friends, a local area coordinator, an early childhood partner, your my NDIS contact or your nominee can help, as long as you give permission. The NDIA aims to complete internal reviews within 60 days.
If your NDIS application was rejected
A decision that you are not eligible for the NDIS is reviewable, and the same 3-month window applies. Before you ask, look closely at the reasons in the letter. They usually point to which eligibility requirement the NDIA decided you did not meet, such as the disability requirements, early intervention requirements, age or residency.
Evidence is often the deciding factor. A report that clearly describes how your disability affects your daily life, and how long it is likely to last, is usually stronger than a diagnosis alone. The guide to NDIS eligibility and how to apply explains what each requirement asks for. If you have been working with a local area coordinator, they can help you prepare, and the guide to what a local area coordinator can do for you explains their role.
If you still disagree: external review at the Administrative Review Tribunal
If you do not agree with the internal review decision, you can ask the Administrative Review Tribunal to review it. This is called an external review. The tribunal is independent of the NDIA.
You can only apply once you have the internal review decision. The NDIA states that you have 28 days after it completes the internal review to ask for an external review, so start preparing as soon as the internal review result arrives.
Getting help from an advocate
You do not have to go through a review alone. Disability advocates are independent of the NDIA and of providers. They can help you understand a decision, put your case into words and prepare evidence, and may be able to support you at the tribunal.
A support coordinator, if your plan funds one, can also help you organise reports and keep your supports running while you wait. You can browse Support Coordination providers on Provider24.
Keeping your supports going while you wait
A review can take time, and your current plan keeps running while it happens. Use the supports you already have, and keep notes of where your needs are not being met, since those notes can become evidence.
If you need to change or add providers in the meantime, you can search Provider24 by support category and by state, then contact businesses directly. The guide on how to find and choose an NDIS provider covers what to check before you sign. Provider24 does not verify listings, so confirm each provider’s registration on the NDIS Commission’s register.
This article is general information, not advice; for your own decision, contact the NDIA or an independent disability advocate.
Frequently asked questions
What is an NDIS internal review?
It is the first stage of a decision review. You ask the NDIA to look again at a decision you disagree with, such as an eligibility decision or a decision about your plan. You must ask within 3 months of receiving the decision in writing.
How long does an NDIS internal review take?
The NDIA says it aims to complete all internal reviews within 60 days. The time can be longer if it asks you for more information, so send any requested documents promptly.
What is the difference between an internal review and an external review?
An internal review is done by the NDIA itself. An external review is done by the Administrative Review Tribunal, which is independent of the NDIA. You can only ask for an external review after you have the internal review decision.
Can every NDIS decision be reviewed?
No. NDIS law sets out which decisions are reviewable, and some are not. The NDIA’s reviewing our decisions guideline has the full list, and the NDIA can tell you whether your decision is on it.