What the program is
The Australian Government funds the NDIS Appeals Program to support people with disability, and others affected by reviewable decisions of the NDIA, when they take a decision to the Administrative Review Tribunal. It is run through the Department of Health, Disability and Ageing, not the NDIA, so your advocate is independent of the agency you are disagreeing with.
All NDIS Appeals Program supports are free. The advocates are also National Disability Advocacy Program advocates, and they are available in every state and territory.
What an NDIS Appeals advocate can do
- Explain the review process, including what is involved in appealing to the ART
- Help you prepare documents, such as your application, a statement and evidence lists
- Build your skills so you can represent yourself with more confidence
- Attend ART conferences and hearings with you and help you put your case
Legal help through Legal Aid
The program's focus is advocacy, but it can also fund legal representation. This is for cases likely to have a wider community benefit, or where someone experiencing disadvantage would substantially benefit from a lawyer.
Legal Aid Commissions in each state and territory assess applications for NDIS Appeals legal services and decide who is eligible. The government says there is a 30 day processing period, so apply as early as you can.
Who can use it, and when
You must have completed an NDIA internal review and received the outcome. Once that has happened you can get help from the program for an external review at the ART.
Watch the deadline. An application to the ART must be made within 28 days of receiving the NDIA's internal review decision. Contact an advocate straight away, because finding one and getting an appointment takes time. If you are already late, you can ask the ART in writing for more time and explain why.
How to find an NDIS Appeals advocate
The Department of Health, Disability and Ageing publishes a list of NDIS Appeals providers by state and territory on its NDIS Appeals Program page, with phone numbers and emails. You can also search the Ask Izzy Disability Advocacy Finder by postcode or suburb.
Some providers specialise, for example in intellectual disability, brain injury, culturally and linguistically diverse communities or First Nations communities. Ask when you call whether they are the right fit for your situation.
Before the ART: help with internal reviews
The Appeals Program starts once your internal review is finished. If you need help earlier, for example to ask for an internal review within the 3 month limit, contact a disability advocacy organisation through the National Disability Advocacy Program. Advocacy there is also free, and many of the same organisations deliver both programs.
Tips to make the most of your advocate
- Bring the original decision, the internal review decision and the dates you received them
- Bring your plan, reports and any evidence you sent the NDIA, plus anything new
- Write a short list of what you want changed and why
- Tell the advocate about any communication or access needs, and ask the ART for an interpreter if you need one, which is free