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:
Wider Community Benefit
Factors relating to the National Disability Insurance Scheme Act 2013 (NDIS Act) and rules
Whether interpretation or application of a provision under NDIS Act, or rules made under the NDIS Act (rules):
The evidence base (including where there is limited or no evidence base) in relation to a disability, therapy or support.
Factors relating to the administration of the National Disability Insurance Scheme (NDIS)
Whether a decision in relation to the matter:
The applicant is experiencing disadvantage and would likely realise a substantial benefit from legal representation
In deciding whether a person experiencing disadvantage would likely realise a substantial benefit from legal representation, LAQ may consider:
The Legal Aid Queensland Grants Officers may determine the weight to be given to relevant factors.
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).
Last updated 19 September 2019