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There are processes we have to follow to review our decisions. We call this an internal review. There are also processes the Tribunal need to follow when reviewing our decisions. We call this an external review.
First, we need to make the decision. You can’t ask for a review before we make the decision. We call this the original decision. For example, we could decide you’re not eligible for the NDIS. Or if you’re a participant, we could decide to approve your plan without some requested supports.
If you don’t think our original decision is right, you may be able to ask for an internal review. This is where one of our staff, not involved in the original decision, checks if the right decision was made the first time.
If you don’t agree with the internal review decision, you may then ask the Tribunal for an external review. This is where the Tribunal checks if the internal review decision was the right decision.
The Tribunal is an independent legal body that can review reviewable decisions made by the NDIA. The Tribunal is separate to us, so external reviews are independent from our decisions. You can’t have an external review until we’ve done the internal review.
What decisions can be reviewed?
The NDIS law tells us what decisions can be reviewed.
Many decisions are reviewable. Some of the common ones include when we decide:
- you’re not eligible for the NDIS
- you’re no longer eligible for the NDIS
- to approve your plan, which includes approving the supports we fund in your plan
- not to do a plan reassessment
- not to do a plan variation
- to vary your plan
- if you need a plan nominee or a different child representative
- the categories of impairment you meet for disability requirements, early intervention requirements or both.
If you’re a participant and don’t agree with your plan, you can ask us to review some parts of your plan. We can review:
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what NDIS supports we include in your plan
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how we describe those supports
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how your funding is managed
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how long your plan goes for
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how your plan has been varied
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how we group your NDIS supports
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funding periods we apply to your plan.
Learn more about how we create your plan.
If the original decision we make is reviewable, we’ll write to you to let you know about our decision and the reasons for our decision.
We include the reasons for our decision in the letter we send you when we make our decision. When we say ‘you’, we mean only those people who are directly affected by our decision.
If you’re not sure if our decision is reviewable, you can look at What decisions can we review? for a list of all the decisions we can review.
If you’ve requested a review of the decision that you aren’t eligible for the NDIS, you can’t reapply while you are waiting for the decision. This includes when you apply for the NDIS or leave the NDIS after your status as a participant has been revoked.
To learn more, you can go to Leaving the NDIS.
What can't be reviewed
We fund NDIS supports in your plan. NDIS laws set out what we can and can’t fund.xxv
Sometimes, we may agree that you can spend your funding on supports that aren’t NDIS supports if the NDIS laws allow for it.xxvi We call this a ‘replacement support’. You can only spend your funding on a replacement support if we have agreed in writing that you can buy the support.
You can't ask for a review if we don't agree to your request to buy a replacement support with your NDIS funding. This is because this is not a reviewable decision.
For more information about replacement supports, go to What does NDIS fund?