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

What does Legal Aid WA’s NDIS Legal Assistance 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 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 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. 

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 an NDIS Internal Review Request (for more information click here) 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).

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.

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. 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: 28 March 2019

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.