NDIS Appeals and Reviews: What Participants Need to Know

Not happy with an NDIS decision? Learn how to request a review, appeal to the AAT, and what to expect at each stage of the process.

If the NDIA has made a decision about your NDIS plan or eligibility that you disagree with, you have the right to challenge it. The process is called a review, and if that does not resolve things, you can take the matter further to an independent tribunal. This guide walks you through each stage in plain English, so you know what to expect and what to do.

Understanding your review rights is one of the most important things a participant or family member can do. Decisions about funding, supports, or eligibility can have a real impact on daily life, and the system is designed to give you a fair path to challenge outcomes you believe are wrong.

What kinds of NDIS decisions can be reviewed?

Not every NDIS-related complaint or concern goes through the review and appeals process. The formal review pathway applies to what the NDIA calls "reviewable decisions." These are specific, formal decisions made under the NDIS Act.

Common examples of reviewable decisions include:

A decision that you are not eligible to access the NDIS
A decision about whether a support is "reasonable and necessary"
A decision to approve a lower funding amount than you requested
A decision to change or end an existing plan
A decision about the management of your plan (for example, whether funds must be agency-managed)
A decision about your plan's duration

If you have received a letter from the NDIA notifying you of a decision, it should state whether that decision is reviewable and how to request a review. If you are unsure, you can contact the NDIA directly or speak with your support coordinator.

It is worth noting that general complaints about provider behaviour or service quality are handled separately through the NDIS Quality and Safeguards Commission, not through the review process described here.

The first step: Requesting an internal review

The first formal step is asking the NDIA to reconsider its own decision. This is called an "internal review" or a "review of a reviewable decision." It is handled by a different NDIA delegate than the person who made the original decision.

How to request an internal review

You must request an internal review within three months of receiving the decision. The NDIA strongly encourages you to act quickly, because delays can complicate things.

To request a review, you can:

Call the NDIA on 1800 800 110 and ask for a review of a decision
Submit a written request through the myplace participant portal
Write a letter or complete a form and send it to your local NDIA office

When you make your request, you should explain which decision you want reviewed and why you think it is wrong. You do not need to use legal language. Plain, clear statements about your situation and your needs are what matter most.

What to include with your request

Strong internal review requests usually include:

A clear statement of the decision you are challenging
An explanation of why you believe it is incorrect
Supporting evidence, such as letters or reports from your treating health professionals, allied health practitioners, or specialists
A statement from you or your family about how the decision affects your daily life

If you have a support coordinator, they can help you gather this evidence and structure your request. You can also get help from an NDIS advocate. Advocacy services are free and available across Australia - the National Disability Advocacy Program (NDAP) can help you find one near you.

What happens next

The NDIA aims to complete internal reviews within 90 days, though complex cases can take longer. The reviewer will look at your original decision, any new evidence you provide, and the relevant NDIS rules. They can confirm the original decision, vary it, or substitute a new decision entirely.

You will receive a written notice of the outcome. If the internal review goes in your favour, the updated decision takes effect and your plan may be amended. If it does not go in your favour, you can take the next step.

Taking it further: Appeals to the AAT

If you are not satisfied with the outcome of your internal review, you can apply to the Administrative Appeals Tribunal (AAT) for an independent review. The AAT is a federal tribunal that operates separately from the NDIA and reviews the merits of the decision.

What is the AAT?

The AAT is not a court, but it is an independent body with the authority to look at NDIS decisions afresh. A tribunal member can look at all the evidence, hear from both sides, and make a new decision in place of the NDIA's decision if they find it was wrong.

Importantly, you must have completed the internal review process before you can apply to the AAT. The AAT will not accept an application unless you have an internal review decision to appeal.

How to apply to the AAT

You must apply to the AAT within 28 days of receiving your internal review decision. This is a tight timeframe, so it is important to act quickly if you want to pursue this pathway.

You can apply online through the AAT's website, by post, or in person at an AAT office. There is no fee for NDIS-related applications to the AAT.

When you apply, you will need to provide:

Your name and contact details
Details of the decision you are challenging
A copy of the internal review decision letter
A brief explanation of why you believe the decision is wrong

What happens during the AAT process?

The AAT process typically involves several stages:

Case conference or conciliation - In many cases, the AAT will first try to resolve the dispute through a less formal process. A tribunal member or registrar will meet with you and the NDIA to explore whether an agreement can be reached without a full hearing.
Directions hearing - If the matter is not resolved, the AAT may hold a directions hearing to set out the process and timeline for the case.
Hearing - A formal hearing where both sides present their evidence and arguments to a tribunal member, who then makes a decision.

Many NDIS matters are resolved before they reach a formal hearing, often through the conciliation stage. However, if your case does go to a hearing, you are allowed to bring a support person, a representative, or a lawyer.

Getting legal help for AAT appeals

You do not need a lawyer to apply to the AAT, but legal representation can make a significant difference in complex cases. Several organisations offer free or low-cost legal help for NDIS appeals, including:

Community legal centres in your state or territory
Legal Aid commissions
Disability advocacy organisations

Evidence: The most important part of any review

Whether you are requesting an internal review or preparing for the AAT, the quality of your evidence is often what determines the outcome.

The NDIA makes decisions based on whether a support is "reasonable and necessary" under the NDIS Act. To demonstrate this, evidence should show:

The nature of your disability and how it affects your functional capacity
Why the specific support you are requesting is needed
How the support will help you pursue your goals or maintain your independence
That the support is not the responsibility of another system (such as health or education)

The most persuasive evidence usually comes from qualified professionals who know you well. A letter from a treating occupational therapist, physiotherapist, or psychologist that directly addresses the NDIS criteria for reasonable and necessary supports carries significant weight.

Generic letters that simply state a diagnosis are far less useful than detailed functional assessments that explain the impact of your disability on your daily activities. If you are unsure what type of evidence to gather, your support coordinator or an NDIS advocate can guide you.

How a support coordinator can help during a review

Support coordinators play a valuable role during the review process. They can help you understand the decision, identify what evidence is needed, connect you with advocacy services, and keep track of timelines and correspondence.

If you are working with a support coordinator, share the decision letter with them as soon as you receive it. Time limits apply at every stage, and acting quickly gives you the best chance of a good outcome.

If you do not currently have a support coordinator and your plan includes funding for one, now is a good time to find one. You can browse NDIS support coordinators and other providers in your area to find someone who suits your needs.

Support coordinators are not advocates and cannot represent you in legal proceedings, but they can be an important part of your support network during a challenging time. The OpenWay support coordinator workspace is also designed to help coordinators manage their participants' needs more efficiently, including tracking key milestones.

Practical tips for navigating the review process

Here is a checklist to help you stay on track:

Read your decision letter carefully and note the date it was issued
Check whether the decision is a reviewable decision
Contact an NDIS advocate or your support coordinator as soon as possible
Gather supporting evidence from relevant health professionals
Submit your internal review request within three months
Keep a copy of everything you send and receive
Note the 28-day deadline for AAT applications after your internal review outcome
Seek legal advice if your case is complex or heading to a formal hearing

The process can feel overwhelming, but you do not have to manage it alone. Advocacy services, support coordinators, and community legal centres are all there to help.

Frequently asked

Can I keep using my current NDIS plan while a review is underway?

Yes. In most cases, your existing plan stays in place while an internal review or AAT appeal is being processed. The NDIA should not reduce or remove your supports simply because you have requested a review. If you are concerned about continuity of supports during a review, raise this with the NDIA or your support coordinator immediately.

What if I missed the three-month deadline for an internal review?

You can still request an internal review after the three-month period, but the NDIA has discretion about whether to accept a late request. You will need to explain why the request is late. If the NDIA refuses to accept a late request, you may be able to seek advice from an advocate or community legal centre about your options.

Does getting a lawyer mean my case will go to a formal hearing?

Not necessarily. Many cases that involve legal representation are still resolved at the conciliation stage of the AAT process. Having a lawyer does not mean you are committed to a full hearing. In fact, good legal advice early on can sometimes help resolve a dispute more quickly by clarifying the strongest grounds for your case.

How OpenWay can help

Navigating the NDIS can be complex, and finding the right people around you makes a real difference. OpenWay is a free-to-use marketplace for NDIS participants, families, and support coordinators across Australia. You can browse NDIS-registered and non-registered providers to find support coordinators, advocates, allied health professionals, and other services that can help you through a review process and beyond.

If you are a participant or family member just getting started, the OpenWay participant hub is a good place to explore your options, filter providers by location and support type, and send enquiries directly from the platform.

Support coordinators can also use OpenWay to find and shortlist providers for their participants, manage enquiries, and keep everything in one place. Visit the support coordinator landing page to learn more about how the platform works.

OpenWay is not part of the NDIS, NDIA or NDIS Commission. Final scope, pricing, travel, cancellation rules and non-face-to-face charges must be confirmed in a written service agreement between the participant (or their authorised support person) and the provider.

This article was written by OpenWay editorial with AI assistance. We review for accuracy + tone but the framing rules of the NDIS apply: nothing here is medical, legal or financial advice. Always check the NDIS Commission and your plan for the latest rules.