WHAT WE DO
NDIS Appeals Advocacy
What is the NDIS and the NDIA?
The National Disability Insurance Scheme (NDIS) is a government scheme which was set up to support people with disability. The NDIS is run by a government organisation called the National Disability Insurance Agency (NDIA). The NDIA provides funding to people with disability which allows them to pay for supports relevant to their needs. The funding amount and what it can be used for is explained in the person’s NDIS Plan.
You can find more information on the NDIS website by clicking here.
The National Disability Insurance Scheme Act 2013 (legislation) can be found by clicking here.
How is Advocacy Relevant to the NDIS?
Independent advocacy has an important role in ensuring choice and control, and that the aims of the NDIA are realised for all individuals with disability.
The NDIS Act 2013 acknowledges and respects the important role advocacy has.
Chapter 1, Part 2, Section 4 (13) states:
(13) The role of advocacy in representing the interests of people with disability is to be acknowledged and respected, recognising that advocacy supports people with disability by:
- promoting their independence and social and economic participation; and
- promoting choice and control in the pursuit of their goals and the planning and delivery of their supports; and
- maximising independent lifestyles of people with disability and their full inclusion in the community.
If a person with disability has been denied access to the NDIS, or if they are given a NDIS plan which is not suitable, they may wish to challenge the NDIA’s decision. This is called ‘appealing’ the decision.
How Can SUFY Help With NDIS Appeals?
SUFY’s NDIS Appeals Advocates can assist people with disability who have been affected by a decision made by the NDIA, by providing support through the appeals process, such as:
- Explaining what is involved in the appeals process
- Helping prepare documents
- Providing advice and skills
- Attending Administrative Appeals Tribunal (AAT) conferences and hearings
- Providing explanations and education about the review process
- Detailing and coordinating activities involved in appealing
- Empowering people to better represent themselves
We may be able to help with an appeal if the person:
- Resides in Brisbane, Redlands or Moreton Bay
- Is wanting to appeal at an External Review (Administrative Appeals Tribunal)
- Has been denied access to the NDIS
- Meets our other eligibility criteria. Click here to check if you are eligible.
We cannot assist with:
- Initial applications to the NDIS (Access Requests)
- Plan reviews
- Complaints about a service provider – refer to the NDIS Quality and Safeguards Commission
- Complaints about the NDIA – refer to the NDIS website and follow the complaints process
Important Timeframes
- Internal Reviews (also referred to as a ‘Review of a Reviewable Decision’ or ‘S100’)
Application must be made within 90 days of the NDIS Plan date.
If a person has been denied access to the NDIS, the application must be made within 90 days of the NDIA’s letter denying access. - External Reviews to the Administrative Appeals Tribunal (AAT)
Application must be submitted within 28 days of the Internal Review Decision.
Due to the ongoing high demand for advocacy services around NDIA decisions, we may give priority to the most vulnerable people with disability and/or those appealing to the AAT. If SUFY is not able to assist, we will always attempt to refer on to another service.
