Published 30 June 2019
If you think a decision made by the National Disability Insurance Agency (NDIA) about you is wrong, you can request an application for "internal review" of a decision. Any person directly affected by a decision of the NDIA can request such an internal review. There is a list of ‘reviewable decisions’ in the NDIS legislation. If the NDIA makes a decision about you that is on this list, you can request an internal review of that decision.
If you are not happy with the NDIA's decision on the internal review of the decision, you can apply for an Administrative Appeals Tribunal (AAT) review. The AAT is an external independent tribunal.
The Living with Disability Research Centre at La Trobe University released a report at 30 June 2019 that summarises a selection of recent AAT decisions about the NDIS and highlights overarching themes.
It details the implications of these AAT decisions and their interpretations of the NDIS scheme.
The digest has three parts:
- an overview of selected AAT decisions by theme
- summaries of these decisions, each organised under the headings: decision category, questions addressed, facts, Tribunal reasoning, outcome and significance
- an explanatory section, introducing the AAT and the core concepts in the NDIS legislation, with links to more detailed information.
This report would be of great interest if you were considering an internal review or going to the AAT for a review of an internal review decision.
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