NDIS Appeals Program

Overview

The National Disability Insurance Scheme (NDIS) Appeals Program helps people with disability, and other people affected by reviewable decisions of the National Disability Insurance Agency (NDIA). The NDIS Appeals Program helps people access support when seeking a decision review through the Administrative Appeals Tribunal (AAT).

The NDIS Appeals Program is funded under the Department of Social Services’ (the Department) Disability and Carers Outcome. Read the Operational Guidelines for more specific information on NDIS Appeals.

Who can access the NDIS Appeals Program?

To access the NDIS Appeals Program, an individual must have already applied to the NDIA for an internal review and received an outcome.

Once an outcome to an internal review has been provided, individuals can access the NDIS Appeals Program to get help with undertaking an external review at the AAT.

An application for an AAT review must be made within 28 days of receiving the NDIA decision. For more information on timeframes, including extensions, please visit Time limits | Administrative Appeals Tribunal (aat.gov.au).

How can the NDIS Appeals Program help?

There are 2 types of supports available under the ongoing NDIS Appeals Program for people appealing internal NDIA decisions before the AAT:

  • Access to a skilled disability advocate who acts as a support person.
  • Access to funding for legal services, where there is wider community benefit and/or disadvantage that would substantially benefit from legal representation.

Support persons are also National Disability Advocacy Program (NDAP) disability advocates. They are available in every state and territory.

An NDIS Appeals Program advocate can help by:

  • Explaining the review process, including what is involved in appealing to the AAT.
  • Helping to prepare documents.
  • Providing skills so that individuals can better represent themselves.
  • Attending AAT conferences and hearings to help individuals put their case to the AAT.

While the focus of the NDIS Appeals Program is advocacy support, individuals may also be able to access legal services through the Legal Aid Commission in their state or territory.

All NDIS Appeals Program supports are free of charge.

Pamphlets with more information is available on NDIS Appeals:

Legal Aid Commissions in the relevant state or territory assess applications and determine eligibility for funding for legal services. You will need the following documents to apply for funding for legal services by email or post:

There is a 30 day processing period for assessments.

How to find an NDIS Appeals Program provider

Use the map below to find an NDIS Appeals Program provider.

Alternatively, relevant services in your area can be found using the Disability Advocacy Finder at AskIzzy - NDIS Appeals search. When using the Finder, you can filter by postcode or suburb to find your nearest provider.

Map of Australia

Independent Expert Review

The Independent Expert Review (IER) program trial was an initiative funded by the National Disability Insurance Agency until 30 June 2023 to help reduce the backlog of NDIS matters at AAT and to improve dispute resolution processes for NDIS appeals applicants. As at 30 June 2023, the IER program trial has formally ended.

Throughout the IER program trial, participating NDIS appeals applicants have had their matter referred to an Independent Expert who upon review of the relevant evidence, has provided recommendations for a resolution.

For more information on the IER program trial, it’s conclusion and other Alternative Dispute Resolution initiatives, visit the NDIA’s website: An improved approach to dispute resolution | NDIS

Establishment of the new Administrative Review Tribunal

On 28 May 2024, the Australian Parliament passed legislation to abolish the Administrative Appeals Tribunal (AAT) and replace it with a new body called the Administrative Review Tribunal (ART), to commence on 14 October 2024.

All cases currently before the AAT, including those funded under the NDIS Appeals Program, will continue. Many cases currently before the AAT will be decided or finalised before the AAT is abolished. All decisions made by the AAT will remain valid and final.

Once the new body is established, any remaining cases will transition to the new body. If NDIS Appeals Program clients have applied to the AAT for review of a decision and their case is transitioned to the new body, they will not need to submit a new application for review to the body.

While the reform is being progressed, people seeking a review of an NDIA decision following an internal NDIA review should lodge an application for review with the AAT.

Further information, including how to sign up for updates, is available on the Attorney General’s Department website at A new system of federal administrative review | Attorney-General's Department (ag.gov.au).  Information is also available at A new federal administrative review body | Administrative Appeals Tribunal (aat.gov.au).

Contact us

Email:
disabilityadvocacy@dss.gov.au

Post:
Department of Social Services
Disability Strategy Group
Disability Advocacy and Counselling Supports
GPO Box 9820
Canberra ACT 2601

For day-to-day issues relating to funding agreements and other program and operational matters, NDIS Appeals Program providers should contact their NDIS Appeals Program Funding Arrangement Manager in their local Department of Social Services State and Territory office.

Last updated: