In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Civil law
END OF Civil law
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
For legal aid to be granted to assist an applicant in seeking an external merits review of a decision made by National Disability Insurance Agency (NDIA), the following tests must be satisfied:
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
National Disability Advocacy Program (NDAP) disability advocates seeking a grant of legal assistance on behalf of a person with a disability or other person affected by a decision of the NDIA should forward the following documents for assessment:
The AAT reviews those decisions made by the NDIA that the Act states are reviewable decisions , including decisions about who is eligible to access the scheme, supports provided under the scheme and the registration of providers of supports.
In an attempt to ensure the external merits review process is accessible and as non-adversarial as possible a designated division of the AAT has been established, there is a fee waiver for applicants seeking a review of NDIA decisions and funded support services are available at all NDIS sites.
NDIS Appeals is the mechanism that has been set up to ensure that all people with disability, and other people affected by the decisions of the NDIA have access to support when seeking a review of NDIA decisions.
NDIS Appeals funding is provided for two types of supports:
Disability advocates role in NDIS Appeals
Support Persons are National Disability Advocacy Program (NDAP) disability advocates who:
The disability advocacy agencies that are NDIS Appeal providers in Queensland are detailed at the Department of Social Services website.
LAQ role in NDIS Appeals
Limited funding has been provided to LAQ in order to:
Complex or Novel Legal Issue
For the purposes of this guideline Legal Aid Queensland will consider Part 4 – Guidelines for the assessment of applications for NDIS Appeals, Department of Social Services .
All NDIS appeals matters are to be allocated to a lawyer within the Civil Law team of Legal Aid Queensland.
The initial grant of aid for an NDIS appeal is ND10 – NDIS Appeals – solicitor to investigate prospects of success
The following extensions of aid are available:
An LAQ decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).