Why deemed refusals exist
Without a deadline, a request could sit unanswered for months with no way to challenge it, because you can only seek review of a decision. Deemed refusal rules fix that. Once the deadline passes, the law treats the NDIA as having said no, which gives you a decision you can have reviewed.
It sounds negative, but it is a protection. It turns silence into something you can act on.
The deadlines in the NDIS Act
- Access requests: the NDIA must decide, or ask you for more information, within the set timeframe. The Act allows up to 90 days, and the Participant Service Guarantee sets 21 days. If it asked for information, it must decide within 14 days of receiving the last of it. If it misses either deadline, it is taken to have decided you do not meet the access criteria
- Plan variation requests: within 21 days of receiving your request, the NDIA must vary the plan, decide not to, or tell you it needs more time. If it does none of these, it is taken to have decided not to vary your plan
- High support needs plan variation for 24 hour support: the NDIA has 21 days to decide whether you qualify, then 21 days to decide on the variation, unless it tells you it needs more time. If it misses a deadline, it is taken to have decided not to vary the plan
- Unscheduled reassessment requests: since 27 August 2026 the NDIA has 90 days to decide. If it has not decided, it is taken to have decided not to reassess your plan
What happens after a deemed refusal
A deemed decision is a reviewable decision under section 99 of the NDIS Act. The NDIA must give you written notice, and the notice should say the decision will be reviewed automatically. You do not need to lodge a separate request for an internal review, although it does no harm to contact the NDIA and confirm the review is under way.
Someone who was not involved in the original decision must do the review. Unless NDIS rules set a different period, the review must be finished within 90 days, starting the day after the original deadline passed. If you still disagree after the internal review, you can apply to the Administrative Review Tribunal within 28 days.
When the NDIA says it needs more time
For plan variations, the NDIA can tell you within the 21 days that it needs more time. That stops a deemed refusal at the 21 day mark. It must then decide within the period set by NDIS rules or, if there are none, as soon as reasonably practicable. Ask the NDIA when you can expect a decision and keep a note of the answer.
Internal reviews that run late
If you asked for an internal review and the NDIA has not decided it within 90 days, the Administrative Review Tribunal may be able to review the original decision without waiting. Send the ART a copy of your internal review request with your application.
Tips
- Write down the date you made each request and how you made it, and keep any reference numbers
- Diary the deadline: 21 days for a plan variation, 90 days for an unscheduled reassessment
- If a deadline passes, contact the NDIA, say the decision is now a deemed refusal, and ask for confirmation that it is being reviewed
- Keep gathering evidence while you wait. New reports can be sent in during the review
- A support coordinator or independent advocate can help you track deadlines and the review