If the second decision is made after we make our internal review decision, then we cannot consider the second decision as part of the existing internal review because the internal review decision has already been made.
This applies even where the request for an internal review is made on or after 1 July 2022. It is not possible to consider the second decision as part of the internal review if the internal review decision has already been made.
If you are unhappy with the decision, you will need to ask for an internal review within 3 months after you receive notice of the second decision in the usual way.
Example
Neha is an NDIS participant. We undertake a reassessment of Neha’s plan and approve a new plan (original decision).
Neha is not happy with the supports in her new plan and requests an internal review on or after 1 July 2022.
What happens if we make a second decision to vary or approve a new plan before Neha’s internal review is complete?
If our second decision occurs before our internal review decision, Neha’s internal review will now include both:
- Our original decision to approve her plan; and
- Our second decision to vary her current plan.
This means the internal reviewer will review both decisions.
What happens if we decide to approve a new plan, or vary Neha’s current plan, after we have made her internal review decision?
If the second decision occurs after our internal review decision, then Neha will need to seek an internal review if Neha is not happy with the decision outcome.
Neha will need to request an internal review within 3 months from when Neha receives the notice of our decision.