Understanding Your Right to Appeal
Every NDIS participant and applicant has the legal right to challenge decisions made by the National Disability Insurance Agency (NDIA). This includes decisions about access to the scheme, plan funding levels, specific supports included or excluded from your plan, and changes made during plan reviews.
The appeals process exists because the NDIA, like any large organisation, doesn't always get it right the first time. Complex assessments, limited information, or different interpretations of the NDIS Act can lead to decisions that don't reflect your genuine needs.
Important: Appealing a decision will not negatively impact your relationship with the NDIA or your access to current supports. Your existing plan remains in place during the review process.
The Two-Stage Appeals Process
NDIS appeals follow a two-stage process. You must complete Stage 1 before proceeding to Stage 2:
Stage 1: Internal Review (NDIA)
Request the NDIA to reconsider their decision. A different staff member who wasn't involved in the original decision will assess your case with fresh eyes.
- Timeline: Request within 90 days of decision
- Processing time: Usually 60 days
- Cost: Free
Stage 2: External Appeal (AAT)
If the internal review doesn't resolve your concerns, you can appeal to the Administrative Appeals Tribunal (AAT)—an independent body that reviews government decisions.
- Timeline: Apply within 28 days of internal review decision
- Processing time: 6-12 months typically
- Cost: Free for NDIS matters
Step-by-Step: What to Do When You Disagree
Follow these seven steps to navigate the appeals process effectively:
Read and Understand the Decision
Carefully review the decision letter. Identify exactly what was decided, the reasons given, and which parts you disagree with. Note the date you received the letter—your 90-day clock starts from this date.
Gather Additional Evidence
Collect new or updated reports from treating professionals that address the specific concerns raised. Evidence showing how your disability impacts your daily functioning is crucial.
Contact Support Services
Reach out to disability advocacy services, your support coordinator, or Legal Aid for free assistance. They can help you understand your rights and prepare your review request.
Write Your Review Request
Prepare a clear written statement explaining why you believe the decision was wrong. Reference specific NDIS legislation and guidelines where possible. Keep it factual and focused on your functional needs.
Submit Your Internal Review Request
Submit your request in writing to the NDIA with all supporting evidence. You can submit via the myNDIS portal, email, post, or through your LAC. Keep copies of everything you submit.
Respond to Any Follow-Up
The reviewer may contact you for additional information or clarification. Respond promptly and provide any requested documentation. This is your opportunity to strengthen your case.
Review the Outcome and Consider Next Steps
Once you receive the internal review decision, assess whether it addresses your concerns. If not, you have 28 days to apply to the AAT for an external review.
Evidence Checklist: What You Need
Strong evidence is the foundation of a successful appeal. Use this checklist to ensure you have comprehensive documentation:
Medical Evidence
- Updated reports from treating specialists
- GP summary letter addressing functional impacts
- Hospital discharge summaries (if applicable)
- Psychiatrist or psychologist reports for psychosocial disability
Allied Health Assessments
- Occupational therapy functional capacity assessment
- Physiotherapy assessment and treatment recommendations
- Speech pathology report (if communication needs)
- Behaviour support practitioner report (if applicable)
Supporting Documentation
- Daily support logs or diaries
- Quotes from providers for requested supports
- Carer statements describing daily assistance required
- Previous NDIS plans showing support usage
Pro Tip: Ask treating professionals to specifically address the NDIA's reasons for the original decision. Evidence that directly counters the NDIA's concerns is most effective.
Sample Wording: How to Write Your Appeal
Use this template as a starting point for your internal review request. Customise it with your specific situation and evidence:
To: NDIA Internal Review Team
Re: Request for Internal Review of Decision dated [DATE]
NDIS Number: [YOUR NUMBER]
Dear NDIA Review Team,
I am writing to request an internal review of the decision made on [DATE] regarding [brief description of decision, e.g., "my plan funding levels" or "my access to the NDIS"].
Reasons for my review request:
1. [Explain first reason why you believe the decision was incorrect]
2. [Explain second reason, referencing specific functional impacts]
3. [Reference any NDIS legislation or guidelines that support your position]
Supporting evidence attached:
• [List of attached documents]
I believe the original decision does not accurately reflect my functional needs and the supports required for me to pursue my goals. The attached evidence demonstrates [brief summary of what evidence shows].
I request that this decision be reviewed and the following outcome: [state what you are asking for].
I am happy to provide any additional information or attend a meeting to discuss this further.
Yours sincerely,
[Your name]
[Contact details]
Real Success Stories
These stories show how families successfully navigated the appeals process. Names have been changed to protect privacy.
Sarah's Story: Plan Funding Increased After Internal Review
Sarah's son was diagnosed with autism at age 4. When their first NDIS plan only included 10 hours of therapy per week, Sarah knew it wasn't enough based on specialist recommendations for 20+ hours of early intervention.
Sarah requested an internal review, attaching updated reports from their developmental paediatrician and a detailed letter explaining how the reduced funding would impact her son's development. She also included research about evidence-based therapy intensity for young children with autism.
Outcome: The internal review increased therapy funding to 18 hours per week and added support coordination to help the family navigate services. The entire process took 8 weeks.
"The review was stressful, but having clear evidence from our specialists made all the difference. Don't be afraid to push back when you know your child needs more support." — Sarah
Marcus's Story: AAT Success After Internal Review Failure
Marcus, a 32-year-old with acquired brain injury, had his NDIS access rejected because the NDIA determined his condition wasn't permanent. His neurologist strongly disagreed.
After the internal review upheld the original decision, Marcus—with help from a disability advocate—applied to the AAT. At the conference, his neurologist provided a detailed statement confirming the injury was permanent and would require lifelong support.
Outcome: The AAT overturned the NDIA's decision. Marcus was granted NDIS access with a comprehensive first plan that included support coordination, physiotherapy, and community access supports.
"The AAT process took 8 months, but it was worth every moment. The disability advocate helped me understand what the tribunal needed to see, and my specialists were incredible at explaining my situation." — Marcus
Free Help Available
You don't have to navigate the appeals process alone. These free services can provide expert support:
Disability Advocacy Services
Free advocates who specialise in NDIS appeals and can support you through internal reviews and AAT
Find an Advocate →Legal Aid
Free legal advice and representation for AAT appeals, especially for complex matters
Contact Legal Aid →Support Coordinators
If you have support coordination in your plan, your coordinator can help prepare your appeal
Talk to The Well Team →Need immediate help? Call the NDIS on 1800 800 110 or the Disability Advocacy Network Australia on 1800 880 052.