Reviewable Decisions
Under the NDIS Act, many decisions the NDIA makes can be challenged. These are called
reviewable decisions.
If you think a decision is wrong or unfair, you have the right to:
1. Ask the NDIA to review their decision, and
2. If you’re still unhappy, ask the Administrative Review Tribunal (ART) to look at it
independently.
Common reviewable decisions
What this means:
The NDIA decides that a person is ineligible for NDIS funding.
Why you might review it:
• The NDIA says disability requirements are not met.
• Medical or functional evidence wasn’t fully considered.
Who can challenges this:
• People applying to the NDIS.
• Carers supporting someone to access the scheme.
What this means:
The NDIA approves a plan, including what supports are funded.
Why you might review it:
• Important supports are missing.
• Funding levels are too low.
• The plan does not reflect.
Who usually challenges this:
• Participants.
• Carers or nominees helping manage the plan. day-to-day needs
What this means:
You ask for a plan review, but the NDIA refuses to review the plan.
Why you might review it:
• Needs have changed.
• Circumstances weren’t properly considered.
• Evidence was ignored.
What this means:
The NDIA removes a person’s status as an NDIS participant.
Why you might review it:
• Disability is ongoing.
• Decision is based on incorrect or incomplete information.
This is critical:
Losing participant status means losing access to NDIS supports.
What this means:
The NDIA decides not to extend funding while a participant is overseas for longer than the
standard time.
Why you might review it:
• Travel is for health, family, or compassionate reasons.
• The NDIA didn’t consider special circumstances.
What this means:
The NDIA refuses to register a provider.
Why this matters to participants and carers:
• It can limit choice of trusted or culturally appropriate providers.
What this means:
The NDIA decides that someone other than a parent should act as a child’s representative.
Why you might review it:
• Parents believe they should remain the decision-maker.
• The arrangement doesn’t work in the child’s best interests.
What this means:
The NDIA appoints a plan nominee or correspondence nominee or refuses to change nominees.
Why you might review it:
• The nominee doesn’t act in the participant’s best interests.
• The participant can make decisions themselves.
• A carer is better placed to help.
What this means:
The NDIA makes a decision regarding compensation (such as insurance payouts, court settlements).
Why you might review it:
• The NDIA says you haven’t taken “reasonable steps”.
• Compensation is counted in a way that reduces supports unfairly.
You do not need a lawyer to ask for a review.
Reviews can often be requested by phone, email, or letter.
Carers, nominees, and advocates can help challenge decisions.
Two-step review process
1. Internal Review – a different NDIA staff member reviews the decision.
2. External Review (ART) – if you still disagree, the Administrative Review Tribunal looks at
it independently