Disputes with the NDIS

If you have a dispute with the National Disability Insurance Scheme (NDIS) about a decision they have made, you may be able to apply to have the decision reviewed.  

You may be able to apply to the National Disability Insurance Agency (NDIA) to conduct an internal review of a decision, for example, where you have been declined access to join the scheme, or where you have been declined a support in your plan. 

If this is unsuccessful, you may be able to appeal the decision to the Administrative Appeals Tribunal (AAT).

You may be able to access two types of supports:

  • a disability advocate who acts as a support person, and
  • Legal Aid WA’s NDIS Legal Assistance Service

to assist with your dispute with the NDIS.

Legal Aid WA’s NDIS Legal Assistance Service

Which NDIS decisions can Legal Aid WA help with internal review of?

Legal Aid WA may be able to help with NDIS internal reviews involving: 

  • a decision that a person does not meet the NDIS access eligibility criteria
  • decisions for individuals who are already NDIS participants, such as not to fund supports in their plan
  • cases where an individual has waited an unreasonable amount of time for an internal review decision. 
How do I contact Legal Aid WA about these reviews?

For any matters that are not yet the subject of an appeal in the AAT, referrals can be made by emailing ndis@legalaid.wa.gov.au 

You will need to include the following information:

  • the name, date of birth, and address of the person with a disability
  • a brief description of what you are seeking assistance with, and
  • copies of any relevant documents.
When can Legal Aid WA help with appealing an NDIS internal review decision at the AAT?

Legal Aid WA’s NDIS Legal Assistance Service provides advice and legal assistance for appealing NDIS internal review decisions to the AAT.

Funding may be granted when a matter raises a complex or novel legal issue. See the guidelines below for more information. Applications are not subject to means testing and applicants need not make a contribution towards the cost of representation. 

Guidelines for the assessment of applications

The Department of Social Services requires that applications for funding be assessed having regard to the Guidelines for the Assessment of Applications for NDIS Appeals.

You should refer to these guidelines when completing the application form below.

Application form

To apply for funding for legal representation for your NDIS appeal in the AAT, you must complete and sign the Application for NDIS Appeals Legal Services Form and submit it to us together with all the required documentation. 

Applications should be submitted by email to ndis@legalaid.wa.gov.au where possible.

Alternatively, they may be posted to:
Legal Aid WA
NDIS Grants
PO Box L916
PERTH  WA  6842

Contact the Legal Aid WA's Civil Law Division on (08) 9261 6356 if you need help with your application.

Outcome of applications

Applicants will be informed of the outcome of their application within 30 days of its receipt.

If an applicant is not satisfied with the outcome of their application, they may request, in writing, that the decision be reconsidered. This should generally be done within 28 days of being notified of the outcome. See Disagree with a grants decision?

What help can Legal Aid WA’s NDIS Legal Assistance Service give?

Depending on the nature and merit of the NDIS matter, Legal Aid WA may be able to help in the following ways: 

  • Telephone or in-person advice with individuals, family members, support persons, and/or disability advocates for them.
  • Assistance with written applications, appeals, letters and documents.
  • Negotiations with the NDIA.
  • Preparation and representation at AAT case conferences, conciliation conferences or hearings.

Call (08) 9261 6507 to find out what help Legal Aid WA can give in your situation.

Where else can I get help with my NDIS dispute?

Disability Advocacy Agencies

You also can get help with NDIS matters in WA from one of the agencies funded under the National Disability Advocacy Program (NDAP) to assist with NDIS matters. You can find your nearest agency using the Department of Social Services disability advocacy finder.  

 

Useful documents

PDF Application form thumbnail

 

Word document accessible NDIS form thumbnail

 

More information

Department of Social Services NDIS Appeals

 

Reviewed: 19 October 2018

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.