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The Appeal of Last Resort or AAT.  This type of Appeal is when nothing else has worked and you still have not succeeded after all other avenues of Appeal.

NDIS Appeals Supports (Administrative Appeals Tribunal)

(Source:  https://www.dss.gov.au/disability-and-carers/programs-services/for-people-with-disability/ndis-appeals)

NDIS Appeals has been set up to ensure that people with disability, and other people affected by reviewable decisions of the National Disability Insurance Agency (NDIA), have access to support when seeking review of those decisions in the Administrative Appeals Tribunal (AAT).

There are two types of supports available via NDIS Appeals:

  • access to a skilled disability advocate who acts as a support person, and
  • access to funding for legal services, where there is wider community benefit and/or disadvantage that would substantially benefit from legal representation.

 

Support persons are National Disability Advocacy Program (NDAP) disability advocates. They are available in every state and territory. An NDIS Appeals advocate can help by:

  • explaining the review process, including what is involved in appealing to the AAT;
  • helping to prepare documents;
  • providing advice and skills so you can better represent yourself, or
  • attending AAT conferences and hearings to help you put your case to the AAT.

 

While the focus of NDIS Appeals is advocacy support, funding for legal services is available where there is wider community benefit and/or disadvantage that would substantially benefit from legal representation. Legal services are provided by Legal Aid Commissions, which determine eligibility by assessing your application against publicly available criteria.

All NDIS Appeals supports are free of charge.

NDIS Appeals support is not available to service providers.

A pamphlet is available with more information on NDIS Appeals:

 

Review of Decisions Operational Guideline – Appeals to the Federal Court on a question of law

(Source: https://www.ndis.gov.au/about-us/operational-guidelines/review-decisions-operational-guideline/review-decisions-operational-guideline-appeals-federal-court-question-law)

Appeals to the Federal Court on a question of law

A person who is not satisfied with an external review can appeal the AAT’s decision to the Federal Court on a question of law (external)  (section 44(1) AAT Act).

The NDIA can also appeal to the Federal Court if dissatisfied with a decision of the AAT due to a question of law.

This type of review is limited in that the Federal Court cannot reconsider the merits of an AAT decision. Rather, the Federal Court is confined to hearing appeals on a question of law. The Federal Court provides information on its website (external) , regarding appeals from a decision of the AAT.

Persons considering appealing a decision of the AAT on a question of law are encouraged to seek independent legal advice before proceeding.

What is a question of law?

A question of law may include, for example, whether:

  • the AAT denied a person procedural fairness;
  • the AAT incorrectly interpreted or applied the NDIS Act;
  • the AAT applied or identified the correct test; or
  • there was any evidence to support a finding of fact made by the AAT.

See also the distinction between questions of fact and questions of law in section 44 Appeals to the Federal Court (external)  located on the Federal Court’s website.

What is the time limit for appealing to the Federal Court?

An appeal must be lodged within 28 days of receiving notice of the AAT’s external review decision, or within such further time allowed by the Federal Court (section 44(2A) AAT Act).

Who are the parties to the court proceedings?

The parties to the Federal Court proceedings are the people who were the parties to the AAT proceedings during the external review.

What orders can the court make?

When deciding an appeal the Federal Court can make any order it thinks appropriate (section 44(4) AAT Act).

This may include orders:

  • affirming the decision of the AAT (meaning the decision is not changed);
  • setting aside the decision of the AAT;
  • directing the case back to the AAT for a re-hearing; or
  • dismissing an appeal if it is satisfied that the proceeding is frivolous or vexatious.

What happens to the AAT decision whilst an appeal is being conducted?

A decision made by the AAT continues to have effect from the time it is made and is not affected because a person appeals that decision.

However, a person may seek an order from the Federal Court (i.e. a stay order) suspending the operation of the AAT’s decision. The stay order may or may not be granted.

Source:  https://www.ndis.gov.au/applying-access-ndis/how-apply/receiving-your-access-decision/internal-review-decision

If you are still not happy after the internal review of the decision, you can apply for a review by the Administrative Appeals Tribunal (AAT), a tribunal that exists outside the NDIA.

You cannot ask the AAT to review a decision by the NDIA until the decision has been internally reviewed by the NDIA.

For information about applying for a review by the AAT, see the AAT website: AAT: National Disability Insurance Scheme applicants (external) or call 1800 228 333.

NDIS AAT appeals

Source:  https://www.dss.gov.au/disability-and-carers/programs-services/for-people-with-disability/ndis-appeals

NDIS Appeals has been set up to ensure that people with disability, and other people affected by reviewable decisions of the National Disability Insurance Agency (NDIA), have access to support when seeking review of those decisions in the Administrative Appeals Tribunal (AAT).

There are two types of supports available via NDIS Appeals:

  • access to a skilled disability advocate who acts as a support person, and
  • access to funding for legal services, where there is wider community benefit and/or disadvantage that would substantially benefit from legal representation.

 

Support persons are National Disability Advocacy Program (NDAP) disability advocates. They are available in every state and territory. An NDIS Appeals advocate can help by:

  • explaining the review process, including what is involved in appealing to the AAT;
  • helping to prepare documents;
  • providing advice and skills so you can better represent yourself, or
  • attending AAT conferences and hearings to help you put your case to the AAT.

 

While the focus of NDIS Appeals is advocacy support, funding for legal services is available where there is wider community benefit and/or disadvantage that would substantially benefit from legal representation. Legal services are provided by Legal Aid Commissions, which determine eligibility by assessing your application against publicly available criteria.

All NDIS Appeals supports are free of charge.

NDIS Appeals support is not available to service providers.

A pamphlet is available with more information on NDIS Appeals:

 

Accessing Support

Before accessing NDIS Appeals services you need to apply to the NDIA for an internal review. If you are unhappy with the outcome of the internal review you can apply to the AAT for an external review and access NDIS Appeal services.

An application for an AAT review must be made within 28 days of receiving the NDIA decision, though extensions can be granted by the AAT.

Finding a Provider

The Disability Advocacy Finder is an online tool to help you find NDIS Appeals providers and disability advocacy agencies across Australia.

 

Applying for funding for legal services

Legal Aid Commissions in the relevant state or territory assess applications and determine whether there would be wider community benefit and/or disadvantage that would substantially benefit from legal representation and are eligible for funding for legal services. The following documents are needed to apply for funding for legal services:

 

Applications for funding of legal services need to be made by either email or post. This information can be found on the NDIS Appeals Application Form.

There is a 30 day processing period for assessments.

 

Program Information

NDIS Appeals is funded under the Department of Social Services’ Disability and Carers Support Activity. Information about the Disability and Carer Support Activity, including NDIS Appeals, is available through the Disability and Carer Support Guidelines. More specific information on NDIS Appeals is available in the Operational Guidelines.

 

Contact

The Department can be contacted about NDIS Appeals via:

Email:

disabilityadvocacy@dss.gov.au(link sends e-mail)

Post:

Department of Social Services
Disability, Employment and Carers Group
PO Box 9820
Canberra Mail Centre ACT 2610