The National Disability Insurance Scheme - Resolving Problems

Resolving Problems

The Administrative Appeals Tribunal (AAT) has been vested with the authority to hear and seek to resolve disputes between applicants for the NDIS, participants in the scheme and the agency.

The AAT can review a range of decisions made by the National Disability Insurance Agency under the National Disability Insurance Scheme Act 2013 (NDIS Act), including decisions about who is eligible to access the scheme, supports provided under the scheme and the registration of providers of supports.

If you disagree with a decision made by DisabilityCare Australia, you must first ask DisabilityCare Australia to review the decision. This is called an internal review. We cannot review a decision until you have had an internal review.

The AAT cannot review every decision that DisabilityCare Australia makes. The AAT can only review a decision if the NDIS Act states that it can review it. The decision you have been given will say whether the AAT can review it.

The process for resolving disputes between a participant and a support provider is less clear. 

The Operational Guidelines (risks and safeguards) state that participants will be protected from exploitation by providers of support through the scheme but there is a lack of clarity around the exact nature of the complaints and dispute resolution processes that will be accessible to participants.

A list of available resources related to the resolution of disputes between the NDIA and participants is below.

Administrative Appeals Tribunal 

The Administrative Appeals Tribunal has been vested with the authority to review decisions made by the NDIA that people are unhappy with.

• Applying for a review of NDIA decisions - Administrative Appeals Tribune information
• Applying for a review of NDIA decisions - easy English version
• Fact Sheet: How to apply for a review of a decision you don’t agree with (easy English version)
• Fact sheet: What happens at a Case Conference? 
• Fact sheet: What happens at Conciliation? 
• Fact sheet: What happens at a Hearing?
• Fact sheet: What is a ‘fast tracked hearing?’

The NDIA & The Department of Social Services

The National Disability Advocacy Program can assist people with disability including psychosocial disability to make decisions. The National Disability Advocacy Program (NDAP) provides people with disability access to effective disability advocacy that promotes, protects and ensures their full and equal enjoyment of all human rights enabling community participation. 

• What support can the National Disability Advocacy Program provide to you? (NDIS website)
• National Disability Advocacy Program (DSS website)

Agencies are funded to provide disability advocacy support in specific geographic areas. There are two types of geographic coverage:

• Statewide
• Local Government Areas (LGAs).

Contact list for NDAP agencies funded by the Commonwealth