Disputes with the NDIS
Legal Aid WA’s NDIS Appeals Service
What does Legal Aid WA’s NDIS Appeals Service help with?
Legal Aid WA 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
- a decision not to fund certain supports in a person’s plan (for individuals who are already NDIS participants).
Funding 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 below for more information. Applications are not subject to means testing and applicants need not make a contribution 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 firstname.lastname@example.org where possible.
Alternatively, they may be posted to:
Legal Aid WA
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.
NDIS Appeals information – including forms, guidelines and an easy ready version of how to dispute an NDIA decision
Reviewed: 8 November 2022