How to appeal an NDIS decision
Did you know that if you receive a decision from the National Insurance Disability Agency (NDIA) that you don’t agree with, there’s a free service available to help you challenge it?
Funded by the Australian Government, the National Disability Insurance Scheme (NDIS) Appeals Program supports people with disability – as well as others affected by Agency decisions – to seek a review. Through the program, you can get help from a disability advocate if you want to take a matter to the Administrative Review Tribunal (ART), and sometimes you can access legal services too.
With lots of steps to take, paperwork to gather, and time limits to stick to, the process for appealing an NDIA decision can feel both confusing and overwhelming – but having an expert on hand to guide you through can make things a little bit easier.
And that’s where the NDIS Appeals Program can help.
What's the NDIS Appeals Program?
The NDIS Appeals Program supports people at all stages of the NDIS journey, but you can only call on its services if you’ve gone through the Agency’s internal review process first.
There are two types of decisions that people most commonly ask the NDIA to reconsider – eligibility for the Scheme and funding for supports – and you have three months from the day you receive your decision to ask for an internal review.
To find out how to do that, click here.
During an internal review, the Agency will get someone other than the original decision-maker to look at the facts and circumstances that informed the NDIA’s initial decision. Once that’s done, you’ll be told if the outcome has changed or if it’s stayed the same.
If you’re still not happy with the decision, you’ll then have 28 days to ask the ART to conduct an external review (sometimes the Tribunal will give you a little longer, but that depends on your situation), and at the same time you can contact the NDIS Appeals Program for support.
Applications to the ART are completed online. Before you start, make sure you have:
- your decision letter
- any supporting documents
How the NDIS Appeals Program can help
If you decide to appeal a decision of the Agency, you can’t use funding in your NDIS plan to pay your support coordinator (if you have one), a lawyer, a provider, or anyone else to represent you.
But, if you need support so you can represent yourself (like a support worker to help you attend a hearing or someone to assist you with communication), your NDIS budget can cover those costs, if you have funding available.
To make sure you have access to an advocate, the NDIS Appeals Program offers free-of charge support to people across Australia. The program can connect you to National Disability Advocacy Program disability advocates in every state and territory, and they can:
- explain your rights and how to use them so you can better represent yourself
- talk you through the external review process and what’s involved in appealing to the ART
- help you get your documentation ready
- attend ART conferences and hearings with you
- help you put your case to the Tribunal
How to access legal assistance
Not everyone is entitled to free support from a lawyer, but if you need legal advice or representation, then the Legal Aid Commission (LAC) in your state and territory might be able to help.
An application must be lodged with the ART before a request for legal support can be submitted, and it will be assessed against a strict set of criteria that includes whether:
- there’s a significant likelihood that legal representation will lead to wider community benefit
- you’re experiencing disadvantage and legal representation would significantly benefit you
- you meet the general merits tests the LAC prescribes for funding
Navigating the NDIS can sometimes be tricky, but if you receive a decision from the NDIA that doesn’t feel right, you don’t have to take your next steps alone. The NDIS Appeals Program is there to help you understand your options, so you feel confident to prepare and state your case for a review.
Recent posts
29 June 2026
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