The NDIS laws changed on 1 July 2022. This means the answer will depend on whether your internal review request was made on or after 1 July 2022.
Requests for internal review made before 1 July 2022
If you request an internal review before 1 July 2022 and we make a second decision after 1 July 2022, to approve a new plan, or vary your plan, before we make our internal review decision, then you will need to request an internal review of the second decision if you are unhappy with that decision.
The NDIS Act changes will not apply to your internal review, which means the second decision will not be reviewed automatically as part of your existing internal review.
Requests for an internal review made from 1 July 2022
If you request an internal review from 1 July 2022 about a decision to approve a new plan, or vary your current plan, then later decisions to vary or approve a new plan may affect the scope of the internal review.
If we approve a new plan or vary your current plan before we make our internal review decision, then the internal review will now cover both:
- The first decision to either approve a new plan, or vary your plan (original decision); and
- The later decision to either approve a new plan, or to vary your plan (second decision).
This means if you are unhappy with the second decision, you will not need to seek another internal review because the internal reviewer will review the second decision automatically (as part of the current review process). The internal reviewer will consider if both decisions have been made correctly.