Disputes with the NDIS

If you disagree with a decision made by the National Disability Insurance Scheme (NDIS) you may have the legal right to appeal or request a review.

For example, if your application to access the NDIS has been declined, or if a support you need has not been approved.

The first step is to ask the NDIS to conduct an Internal Review. You may be able to get help with an internal review from a disability advocacy agency.

If your internal review request is unsuccessful, you may be able to appeal the decision to the Administrative Appeals Tribunal (AAT).

You may be able to get help to appeal an NDIS decision to the AAT from a disability advocacy agency or Legal Aid WA.

Legal Aid WA’s NDIS Appeals Service

What does Legal Aid WA’s NDIS Appeals Service help with?

Legal Aid WA’s NDIS Appeals Service provides advice and legal assistance for appealing NDIS internal review decisions to the Administrative Appeals Tribunal (AAT). This commonly involves issues such as:

a decision by the National Disability Insurance Agency (NDIA) that a person does not meet the NDIS access eligibility criteria, or
a decision not to fund certain supports in a person’s plan (for individuals who are already NDIS participants).

Funding for legal representation may be granted where a matter has a wider community benefit and where a client is experiencing disadvantage that would substantially benefit from legal representation. See the guidelines linked to below for more information. Applications are not subject to means testing and applicants need not contribute towards the cost of representation.

How do I apply to Legal Aid WA for help appealing an NDIS matter in the AAT?

Before you can appeal a decision to the AAT, you must have completed a Request for review of a decision form and have received a written Notice of Internal Review Decision.

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 (listed on page 5 of the application form).

Application for NDIS Appeals Legal Services Form (PDF version)
Application for NDIS Appeals Legal Services Form (accessible Word version)

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 6807 if you need help with your application.

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 Legal Aid WA Application for NDIS Appeals Legal Services Form.

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?

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. Agencies are funded to provide disability advocacy support in specific geographic areas. You can find your nearest agency using Ask Izzy- Disability Advocacy Finder.