The ways a person stops being a participant
Under section 29 of the NDIS Act, you stop being a participant if:
- You die
- You start ongoing funded aged care on a permanent basis, and this first happens after you turn 65
- The NDIA revokes your participant status
- You choose to withdraw, and the cooling off period ends
When the NDIA can revoke your status
Revocation is a formal decision. Under section 30 the NDIA can revoke your status if it is satisfied that:
- You no longer meet the residence requirements, for example because you have moved overseas
- You no longer meet the disability requirements or the early intervention requirements
- You did not provide information or reports it asked for within 90 days, or a longer period it allowed. It cannot revoke on this ground if it was reasonable for you not to comply in time
- You could not be contacted despite reasonable attempts, or your plan has been suspended for at least 90 days because you were not contactable
Early intervention participants are checked
Early intervention is designed to reduce future support needs, so it is not assumed to last. In circumstances set by the NDIS rules, section 30A requires the NDIA to decide whether you still meet the early intervention requirements. If you do not, it must look at the disability requirements. If you meet neither, your status is revoked.
A common example is a child who joined because of developmental delay. They are reassessed after turning 6, and need to meet the requirements for an impairment that is, or is likely to be, permanent to stay in. Up to date progress reports and assessments from your therapists are the most important evidence at this point.
Safeguards before your status is revoked
- Before deciding, the NDIA can ask you for information or reports, in writing, with at least 90 days to respond
- It can only ask you to have an assessment or examination if it cannot reasonably get the information another way
- For people who cannot be contacted, the NDIA must make at least 5 attempts over 3 to 4 months using your preferred contact method, plus one in writing. Attempts do not count if you were in hospital, another institution or homeless at the time
- It must give you written notice of a revocation, with the date it takes effect
Your review rights
A decision to revoke your participant status is reviewable. You have 3 months from receiving the notice to ask for an internal review. If you still disagree, you can apply to the Administrative Review Tribunal within 28 days of the internal review decision.
The decision stays in effect during the review, and the NDIS does not pay for supports provided after you stop being a participant. Ask for the review quickly, send fresh evidence about your functioning, and contact a free disability advocate through the NDIS Appeals program for help.
Leaving the NDIS by choice
You can ask to stop being a participant. The NDIA must confirm your request in writing, explain what leaving means, and tell you how to cancel. There is a cooling off period of at least 90 days. If you do not cancel your request by the end of it, you are taken to have withdrawn.
If you have left, or been removed, you can make a new access request later if you are under 65 on the day you apply. If you are 65 or older, you cannot rejoin, so think carefully before leaving.
What changes from 1 January 2028
From 1 January 2028, access to the NDIS will be based on a standardised assessment of functional capacity. Current participants will be reassessed against the new criteria progressively over 3 years, and the government says you will be told well in advance. People with permanent and significant disability will still be able to access the NDIS, and you can ask for a review of any access decision.