Key points
- Most NDIA decisions about access and plans are reviewable.
- You generally have 3 months from receiving the decision to ask the NDIA for an internal review.
- If you disagree with the internal review, you can apply to the Administrative Review Tribunal, generally within 28 days.
- Evidence is key. Reports from treating professionals that link supports to your disability and goals make a big difference.
Which decisions can be challenged?
Many decisions made by the National Disability Insurance Agency (NDIA) can be reviewed, including decisions to:
- refuse an access request;
- approve a plan that doesn’t include supports you need, or includes less funding than requested; and
- change or revoke your participant status.
Step 1: Internal review by the NDIA
The first step is usually to ask the NDIA to review its own decision. This is often called an internal review. You generally need to request it within 3 months of receiving the decision. A different NDIA staff member looks at the decision again, along with any new information you provide.
Use this step well. Explain clearly which decision you disagree with and why, and provide evidence such as:
- reports from treating doctors, therapists and other professionals;
- an explanation of how each support relates to your disability, your goals, and the NDIS funding criteria; and
- quotes and assessments for equipment or home modifications.
Step 2: Appeal to the Administrative Review Tribunal
If you disagree with the internal review decision, you can apply to the Administrative Review Tribunal (ART). The ART replaced the Administrative Appeals Tribunal in October 2024. You generally need to apply within 28 days of receiving the internal review decision. There’s no fee for NDIS applications.
The Tribunal process often starts with case conferences, where the NDIA and the participant try to resolve the matter. Many cases settle at this stage. If not, the matter proceeds to a hearing.
Tips for a stronger review
- Act quickly. Deadlines are strict.
- Keep copies of everything you send and receive.
- Ask your treating professionals to address the specific reasons the NDIA gave.
- Consider getting legal advice, especially before a Tribunal hearing.
How we can help
Asher Freeman Lawyers helps participants, families and carers across Victoria with NDIS law, including access requests, internal reviews and appeals to the Administrative Review Tribunal. For decisions by other government agencies, see our administrative law page.
Frequently asked questions
How long do I have to ask for an NDIS internal review?
Generally 3 months from when you receive the decision.
How long do I have to appeal to the Tribunal?
Generally 28 days from receiving the internal review decision.
Does it cost money to appeal an NDIS decision?
There's no Tribunal application fee for NDIS matters. You may have costs for reports or legal advice.
What replaced the AAT?
The Administrative Review Tribunal (ART) replaced the Administrative Appeals Tribunal in October 2024 and now hears NDIS appeals.
This article is general information about Victorian and Australian law as at 8 October 2026. It is not legal advice. Contact us for advice about your situation.
