Where the case conference fits
If you disagree with an NDIA internal review decision, you can apply to the Administrative Review Tribunal within 28 days of receiving it. The ART sends your application to the NDIA, and the NDIA sends you and the Tribunal the documents from its file that relate to your case, usually within 28 days.
The ART then schedules case events. These include directions hearings, which deal with procedure, and dispute resolution events such as conferences and conciliations. A hearing before a Tribunal member only happens if the case is not resolved earlier. The ART writes to tell you which event is scheduled and what it is about.
Who runs it and who attends
Conferences are usually conducted by a registrar, a Tribunal staff member authorised to run some case events. The registrar does not decide your case. Their job is to help both sides talk it through.
People who can attend include:
- You, and your representative if you have one, such as a lawyer or disability advocate
- A representative of the NDIA
- A support person, such as a friend or family member
- An interpreter arranged by the ART if you need one. A relative or friend cannot interpret for you
What happens during the conference
A conference usually goes for about an hour. At the first conference the registrar helps the parties to:
- Talk about the decision under review and narrow the issues in dispute
- Clarify what each side's position is
- Consider any new evidence, and work out what further evidence is needed
- Explore whether you and the NDIA can reach an agreed outcome
- Consider whether a conciliation would help
- Agree what happens next
How to prepare
Read every document the ART and the NDIA have sent you before the conference, including the NDIA's file documents. Then think about these questions:
- What exactly do you want changed, for example specific supports, hours or funding?
- Which supports matter most, and where could you compromise?
- What evidence supports your case, and what is missing? Recent reports from your therapists, doctors or support coordinator can make a big difference
- Can you send new evidence to the ART and the NDIA before the conference, so both sides have time to read it?
If you reach agreement
If you and the NDIA agree on the outcome, the terms are put in writing, signed by both parties and sent to the Tribunal. As the applicant, you might instead decide to withdraw your application after the conference, for example if the NDIA has agreed to make a new decision that gives you what you need. Make sure you understand exactly what you are agreeing to before you sign.
If you do not agree
The ART might hold another conference, move to a conciliation, hold a directions hearing, or list the review for a hearing before a Tribunal member who will decide it. The registrar may also direct you or the NDIA to provide more information by a set date, and you must meet those dates.
A conciliation is a longer, informal and private discussion, usually 2 to 3 hours, led by a registrar or Tribunal member. The NDIA must send someone with authority to resolve the matter.
Do not miss it
If you do not attend a case event, the ART may dismiss your application. You can ask for it to be reinstated within 28 days of being told it was dismissed, but if it is not reinstated the NDIA's decision stands. If you cannot attend, contact the ART straight away. Your advocate or representative can attend for you if you give them clear instructions.
Getting free help
You do not need a lawyer. Free disability advocates funded through the NDIS Appeals program can help you prepare and can attend case events with you. Choose someone independent. A provider with a financial interest in the outcome should not act as your advocate, but can give evidence such as a report.