Ways the person/family can review their plan and support arrangements
The information on this page is also available as a downloadable Quick Guide, by clicking below. There are.pdf and word versions.
Introduction
Sometimes, NDIS Plans are not quite right and need a review, and sometimes your situation changes and the Plan no longer meets your needs, and sometimes the Plan has genuine errors. This Quick Guide explores ways to make things right, or at least to request needed changes.
Let’s make it happen
New Plan or Annual Review doesn’t have what you need?
Asking for a Review of a Reviewable Decision = Internal Review
When the NDIA make a decision, on things like whether you are eligible for the scheme, or what supports are in a new or annual plan, or all sort of other decisions, you have THREE months from the date of your plan, or “decision”, to provide further information or challenge them to reconsider.
This is called a “Review of a Reviewable Decision” (though they may change that term), and there are a whole bunch of reasons you might ask for this kind of review. You do NOT need to have a change of circumstance to ask the NDIS to reconsider their decision. The NDIS doesn’t have a deadline on when they have to give you their response, but you can (and definitely should) use the funding in the Plan you have in the meantime.
You can request this sort of review by phone, letter or email. There is a form you can use, but you don’t have to use it. For more info: https://www.ndis.gov.au/understanding/supports-funded-ndis/reasonable-and-necessary-supports
Big Changes in Your Life!
Asking for a Review because of a Change of Circumstances = Internal Review
This is for when poop hits the fan during your plan year, and the current funding just won’t cut it.
If you’ve just been made homeless, need to move out urgently, been incarcerated (in detention/jail), have added another disability (not just a new diagnosis, but a big change in how you are affected) or some other major life change has hit you hard, then you can ask for a review of your plan based on your ‘Change in Circumstance’.
Sometimes Changes of Circumstances are good, too – like maybe you just got a job and need your transport money increased.
Don’t Agree with the NDIS’ Internal Review Decision?
Your next step can be to Appeal = External Merit Review through the Administrative Appeals Tribunal
If you think an internal review result is wrong, you can apply to the Administrative Appeals Tribunal (AAT) to do an external merits review—an independent assessment of an NDIA decision.
You can appeal your eligibility, or what’s in the your NDIS Plan but only AFTER the NDIS has done an internal review. At this stage of the process, there is free support through funded advocates to help you through the AAT process. Each State has local Advocacy help that does not cost you anything. You can find your local funded Advocacy agency at https://www.dss.gov.au/disability-and-carers/programs-services/for-people-with-disability/ndis-appeals for more info.
Where you can find more information
Here’s some information about the whole NDIS review process:
There’ more information about the AAT here: https://www.ndis.gov.au/news/8572-changes-administrative-appeals-tribunal-aat
Co-authored by: The Growing Space
