What to do if you are not happy with your plan
The information on this page is also available as a downloadable Quick Guide, by clicking below. There are PDF and word versions.
Unfortunately, things will go wrong for some people as they transition to the NDIS. The good thing is there are several things that participants, carers and families can do to solve problems when they occur. A peer network is a great place to share this information, sometimes a member may feel disappointed, upset or angry about an interaction with the NDIS and they may not know what they can do about it. This quickguide outlines the steps participants can take if they are not happy with a decision the NIDS has made and where to go to find more information.
If you think a decision made by the National Disability Insurance Agency (NDIA) about you is wrong, you can submit an application for internal review of a decision. Any person directly affected by a decision of the NDIA can request such a review.
There is a list of reviewable decisions in the NDIS legislation. Many decisions made by the NDIA are reviewable, including things like being accepted as a participant, the provision of reasonable and necessary supports, and becoming a registered provider of supports.
When you are told about an NDIA decision, you will be told how to request an internal review. A request for internal review of a decision must be made within three months of receiving notice of the decision from the NDIA.
The staff member who works on the internal review will not have been involved in the earlier decision. They may want to talk to you directly as part of this process.
Let’s make it happen
This section outlines the steps participants can take to request a review. It could be useful for peer network facilitators to keep this process on hand in case one of their members finds themselves with an NDIA decision that they are not happy about.
- Request for an Internal Review
When you receive your approved plan check that it is what you agreed and that it matches or is better than what you get now. If it is not what you agreed, or is not an improvement on what you have now, then lodge a request for an immediate review.
It is usually best to work with a disability advocacy service who can help you with the review process. You can find a disability advocacy service using this website: https://disabilityadvocacyfinder.dss.gov.au/
Contact NDIS or the LAC to request a review of the plan, this will trigger a new plan to be created, which may mean your plan is delayed. If you do request a review make sure you very clear about what needs to change or what is missing.
- How to apply for a review of a reviewable decision
You will need to complete a Review of a decision form. You can download this form from the NDIS website at: https://ndis.gov.au/participants/reasonable-and-necessary-supports/decision-review/application-review-reviewable-decision.html
Once you have completed the form you can lodge it in person at an NDIS office, by mail or email to email@example.com
The form can also be completed by a National Disability Insurance Agency (NDIA) officer at your local office or over the phone on 1800 800 110.
- What happens next?
The NDIA staff member responsible for the internal review will make a decision to confirm, vary or set aside and substitute the earlier decision. This decision will be made as soon as reasonably practicable.
- What if you are still dissatisfied after the internal review of the decision?
If you are still not happy after the internal review of the decision, you can apply for a review by the Administrative Appeals Tribunal (AAT), a tribunal that exists outside the NDIA.
You cannot ask the AAT to review a decision by the NDIA until the decision has been internally reviewed by the NDIA.
For information about applying for a review by the AAT, see the AAT website: http://www.aat.gov.au/applying-for-a-review/national-disability-insurance-scheme-applicants
or call 1800 228 333.
What if I have concerns about the decision-making process?
If you are not satisfied with the way the NDIA carried out its decision-making, or how the NDIA dealt with you during the review process, you can make a complaint. You can do this by completing an NDIS Complaint form, which you can access here: https://www.ndis.gov.au/about/contact-us/feedback-complaints/complaint-form.html
Once you have completed the form, you can email it to the NDIS at firstname.lastname@example.org , or you can post it or drop it into your local NDIS office.
Where you can find more information
To find out more about the NDIS:
Website: https://www.ndis.gov.au/ or Phone: 1800 800 110
Free-of-charge translator, interpreter or other assistance
phone 1800 800 110
Text telephone (TTY) users
phone 1800 555 677 then ask for 1800 800 110
Speak and Listen (speech-to-speech relay) users
phone 1800 555 727 then ask for 1800 800 110
internet relay users
National Relay Service website and ask for 1800 800 110
Internal Review Fact Sheet: https://www.ndis.gov.au/medias/documents/h7a/h60/8800158679070/Factsheet-Internal-Review-of-a-Decision.pdf
Internal Review Application Form:
For Peer support: https://www.peerconnect.org.au/
Vision Australia Podcasts: https://www.visionaustralia.org/learn-more/ndis/the-ndis-and-you
Information available for Carers: www.everythingcarers.org.au/resources
Information available in Auslan: https://www.ndis.gov.au/auslan
Information in other languages: https://www.ndis.gov.au/lote
Find an advocate or organisation who can help you, DANA have a list of organisations that can help people with disability to help you. http://www.dana.org.au/home/advocacy-groups/
Making a Complaint to NDIS: https://www.ndis.gov.au/about-us/contact-us/feedback-complaints.html
Co authored by Carers Victoria