Appealing an NDIS decision

Decisions about NDIS access and funding are not the final word. The scheme has a structured review pathway, and significant numbers of reviewed decisions are changed — in 2024 around 35% of internal reviews and over 60% of external tribunal decisions resulted in a different outcome. If you believe a decision is wrong, appealing is often the right thing to do.

The decisions you can have reviewed

Every 'reviewable decision' under the NDIS Act can be appealed. The main ones affecting children are:

• Access decisions — whether your child qualifies for the scheme.
• Plan approval decisions — the funding in a new plan, or specific supports included or excluded.
• Plan variation decisions — where you requested a change and the NDIA declined or partially declined.
• Decisions about registered providers, plan nominees, and similar administrative decisions.

Stage 1 — Internal review (the first step)

Every appeal starts with an internal review. A different NDIA officer re-examines the decision. You have 90 days from the decision to request internal review. This step is required — you cannot go straight to external review.

How to lodge

Submit via the myplace portal, by emailing enquiries@ndis.gov.au, or by ringing 1800 800 110 and asking for an internal review. Attach or reference:

• The original decision letter or plan document.
• A written statement of which part of the decision you disagree with and why.
• Any new or additional evidence you want considered.

What a good internal review letter looks like

The strongest review letters identify specific criteria from the reasonable-and-necessary test that are in dispute and argue the evidence against each one. Generic 'I disagree' letters are less effective.

A good structure:

1. 1One paragraph: your child, their situation, what decision is in dispute.
2. 2One section per disputed element (e.g. 'Funding for speech pathology was reduced from 40 hours to 20 hours. I disagree with this reduction because...').
3. 3The reasonable-and-necessary criterion you're addressing.
4. 4The evidence supporting your position.
5. 5What you're seeking as an outcome.

Internal review timelines: the NDIA aims to complete within 90 days of receiving your request. Some take longer. You'll receive a new decision letter with the outcome.

Stage 2 — External review (the Administrative Review Tribunal)

From October 2024, external review of NDIS decisions moved from the Administrative Appeals Tribunal (AAT) to the new Administrative Review Tribunal (ART). The process is similar but the name has changed. If you're unhappy with the internal review outcome, you have 28 days from that decision to apply to the ART.

What ART does

The ART is an independent tribunal that reviews the decision on its merits — meaning it can substitute a new decision, not just send the matter back. Hearings are informal, relatively quick, and the burden of proof is balanced — the NDIA is required to help the ART reach the right decision, not just defend its original one.

How to apply

You file an application with the ART (online at art.gov.au). The application fee is around $1,080, but is waived for financial hardship and can be partially refunded. You don't need a lawyer.

How the process usually runs

1. 1Application filed — the ART notifies the NDIA.
2. 2Case conference (often within 6–8 weeks) — an informal meeting where both sides try to narrow the issues.
3. 3Often a resolution here — many cases settle at this stage with the NDIA offering a revised decision.
4. 4If not resolved, a formal hearing is scheduled, typically 3–6 months out.
5. 5Hearing — usually 1–2 days, you or your representative speaks, NDIA speaks, the tribunal decides.
6. 6Decision issued within weeks of the hearing.

Success rates are meaningful

Roughly 60–70% of ART applications result in a changed decision — either through settlement at case conference (most common) or through a tribunal decision. Applications that proceed to hearing succeed less often, but that's partly because the NDIA settles the obvious ones before hearing.

Free legal help — use it

You do not need to do this alone. There are three free lanes of support.

National Disability Advocacy Program (NDAP)

State-based advocacy organisations funded by the Commonwealth. They support individuals through internal review and, to a lesser extent, ART. Free. Search 'NDAP disability advocacy [your state]' for the provider nearest you — for example, Disability Advocacy NSW, Villamanta in Victoria, AMIDA in Victoria, Side By Side in SA.

NDIS Appeals Program

Separately, the Commonwealth funds a specific program to help participants at the ART stage. Legal support is free, provided by specialist lawyers who understand the scheme. Apply through your state Legal Aid.

Community Legal Centres

Many states have community legal centres with NDIS specialist lawyers. The Legal Services Commission (SA), Victoria Legal Aid, Legal Aid NSW all have specific NDIS support programs.

When to appeal, and when to reapply instead

Appeal when:

• The decision appears wrong on the facts — the NDIA has misunderstood or overlooked evidence.
• The decision conflicts with similar published tribunal decisions or NDIA policy.
• The decision reduces previously-funded supports without a clear evidentiary basis.
• There has been a procedural failure — the NDIA didn't follow its own processes.

Reapply (new Access Request or plan variation request) instead when:

• The decision is reasonable on the evidence you provided, but you now have stronger evidence.
• Your child's situation has materially changed since the original decision.
• The support you want wasn't raised clearly in the original process.