Common types of evidence in NDIS appeals
Every case is different, but these are the most common types used by participants and carers:
A Statement of Lived Experience explains your life and support needs from your point of view.
It should cover:
• Your disability and how it affects your daily life.
• Your goals.
• The supports you need and why.
What a Statement of Lived Experience should and should not do.
Should:
• Focus on facts about your life and needs.
• Explain things in clear, real-life terms.
• Say how you know something is true (what you’ve seen, experienced, or been told).
Should NOT:
• Make legal arguments.
• Complain about the NDIA or Administrative Review Tribunal process.
• Include exaggerated or untrue statements.
Facts vs opinions
• Facts: things that are true and can be explained.
• Opinions/feelings: what you think or feel.
Both are allowed, but you must explain:
• How you know a fact is true.
• Why you hold a particular opinion or feeling.
You can write your own Statement of Lived Experience or ask someone (like a carer or advocate) to help you.
If someone helps write it, you must sign it to confirm it is correct.
Important:
If you give a Statement of Lived Experience, the Administrative Review Tribunal will usually expect you to speak at the hearing. If this will be hard for you, you can explain why and ask for adjustments.
Other people can provide written statements describing what they have seen or done.
Good statements:
• Describe real examples (what they observe, help with, or manage).
• Focus on facts, not praise or opinions about the NDIA.
• Are written by the person themselves.
• Are signed
Think of these as witness statements, not “letters of support”.
The Administrative Review Tribunal usually expects anyone who provides a statement to be willing to attend the hearing if asked.
Expert reports are often very important in NDIS appeals.
They are written by professionals such as:
• Doctors
• Psychologists or psychiatrists
• Occupational therapists (OTs)
• Physiotherapists
• Speech pathologists
What makes a strong expert report?
A good report:
• Is professional and neutral (not emotionally supportive or biased)
• Clearly explains the expert’s opinions and why
• Stays within the expert’s qualifications
• Addresses likely questions or concerns
• Follows the Administrative Review Tribunal’s Expert Evidence Guideline.
The Administrative Review Tribunal usually expects the expert to attend the hearing.
If they cannot attend, the report may be given less weight.
Additional Resources
When choosing an expert:
• Pick someone who understands your specific needs.
• Ask how long the report will take.
• Ask about the cost (reports can be expensive).
• Check whether NDIS funding or the NDIA might pay for the report.
When asking for a report:
• Explain it is for an Administrative Review Tribunal case.
• Give the expert relevant background documents.
• Clearly explain what you need evidence about, for example:
o Your current support needs.
o Whether certain supports are necessary.
o What may happen without those supports.
You may ask to see a draft, but you cannot tell the expert what opinion to give.
Ask yourself:
1. What facts do I need the Administrative Review Tribunal to accept?
2. What evidence proves each of those facts?
3. What evidence has already been provided?
4. Where are the gaps?
5. What new evidence could fill those gaps?
Check:
• T-documents.
• Old medical or therapy reports.
• Previous plans and reviews.
Ask:
• Is this evidence still up to date?
• Does it actually support what I’m saying?
• Is there evidence that goes against my case?
Old evidence (for example, reports over a year old) may need updating.
At the first case conference, the Administrative Review Tribunal will likely ask:
• What evidence you already have.
• What evidence you plan to get.
• How long you need to get it.
You do not need all evidence ready for the first conference, but you should:
- Know what you want to collect.
- Have a realistic timeframe.
Remember:
• Evidence wins cases—not frustration, fairness, or hardship alone.
• Each claim you make needs evidence to support it.
• Start early and focus on what proves your day-to-day reality.