There are some changes to the laws of the NDIS from 1 July 2022. The changes apply to internal review requests made on or after 1 July 2022. The changes apply to Tribunal applications made on or after 1 July 2022.
Under the changes, some decisions that affect your plan will be reviewed by the Tribunal automatically, as part of an existing external review.
Application for an external review made on or after 1 July 2022
If you are unhappy with our internal review decision and have applied for an external review in the Administrative Appeals Tribunal on or after 1 July 2022, the Tribunal will review the original decision (which has been reviewed by the internal reviewer), but they will also review any later decisions made after you applied to the Tribunal that either approve a new plan or vary your plan.
Applications for an external review made before 1 July 2022
If you are unhappy with our internal review decision and apply for an external review in the Administrative Appeals Tribunal before 1 July 2022, then the Tribunal will review the original decision (which has been reviewed by the internal reviewer).
The Tribunal will only be able to review later decisions that change your plan, if both:
- The later decision has been reviewed by an internal review - in other words there is an internal review decision with respect to the decision we have made, and
- you have applied to the Tribunal for an external review of that internal review decision.
This means later decisions that have changed your plan while the external review is ongoing will not be reviewed automatically by the Tribunal if the Tribunal application is made before 1 July 2022.
Example
Neha is an NDIS participant and is unhappy with our internal review decision. Neha applies to the Administrative Appeals Tribunal for an external review on 1 July 2022.
Any later decisions to approve a new plan, or vary Neha’s existing plan, made after 1 July 2022, will be included in the Tribunal’s external review.
This means that the Tribunal will be able to review all decisions that have changed Neha’s plan after Neha applied to the Tribunal for an external review.
The Tribunal will be able to consider all plans and variations approved after Neha applied to the Tribunal.
The Tribunal’s review will not be limited to original decision, which was reviewed by the internal reviewer.