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If you have a disability, and depending on your situation, the National Disability Insurance Scheme (NDIS) may be able to pay for the care and support you need.
The NDIS is managed by the National Disability Insurance Agency (NDIA).
For more information visit the National Disability Insurance Scheme website.
The National Disability Insurance Scheme is a new way of providing support for people with disability, their families and carers. The scheme helps people with disability get the support they need to live an ordinary life and achieve their goals.
You can apply for support from the NDIA:
You can use the NDIS am I eligible checklist to help work out if you can access the NDIS.
If you're unsure about contacting the NDIA yourself, a local area coordinator may be able to help.
You can access the NDIS, if:
To apply for access to the NDIS you must first telephone the NDIA on 1800 800 110 and ask for an access form to be sent to you. The NDIA will ask you to provide the following information:
If the NDIA don't want to send you an access application you should seek legal advice by contacting us on 1300 65 11 88.
To meet the disability requirements, you need to have an impairment or condition that:
The NDIS may give funding for supports which are needed now to reduce the need for supports in the future. To meet the early intervention requirements you need to:
The NDIA won't pay for supports if they can be more appropriately funded through other service systems such as health or education.
The NDIA manages the NDIS, and their role is to assess your application and work out what help you need with your disability.
Find out more about what supports are funded by the NDIS.
If the NDIA says you're eligible to participate in the NDIS, and to get care and support to help with your disability, then you have the right to:
If you're unhappy with a NDIA decision you can ask for the decision to be reviewed (however, not all decisions made by the NDIA are reviewable).
Here are some examples of decisions that can be reviewed:
Asking for an NDIA decision to be reviewed is a 2-stage process:
Time limits apply for internal and external reviews.
If you're unhappy with a decision made by the NDIA (and it's reviewable), then you have 3 months to ask for an internal review of the decision.
You can ask for an internal review by:
When asking for an internal review, you need to:
Your request will be the first step in an internal review of the NDIA's decision. After this, the NDIA will conduct the review and you will get a letter or email advising of their internal review decision.
Legal Aid Queensland doesn't give advice about applying for an internal review. Contact a disability advocate in your area for help. Time limits apply.
Legal Aid Queensland may give advice about applying for an external review to the AAT. Contact us as soon as possible after receiving the internal review decision from the NDIA.
If, during the life of your plan, there is a change in your circumstances you can ask for your plan to be reviewed.
Changes in circumstances can include (but are not limited to):
It's important to understand that requesting a review of your plan is different from requesting an internal review of a NDIA decision. You can only request a review of your plan if there has been a change in your circumstances.
When asking for a review of your plan you should:
Your request will be the first step in the review process. After this, the NDIA will decide whether or not to conduct the review. A decision by the NDIA to not conduct a review of your support plan is considered a 'reviewable decision'. If you're unhappy with the NDIA's decision not to conduct a review of your plan you can apply to the NDIA for internal review of the decision not to conduct a review of the plan. Time limits apply.
Legal Aid Queensland can give advice about applying for an internal and external review to the AAT. Contact us as soon as possible after receiving the plan review decision from the NDIA.
If you're unhappy with the NDIA's internal review decision, you can apply to the AAT for an external review. This must be lodged within 28 days of the date you received the NDIA's internal review decision. If you apply outside of these time limits your matter may not be heard unless there are good reasons for the delay.
You can apply for an external review:
If you're writing and posting your application to the AAT, you must make sure your application arrives at the AAT before the 28 day limit is up.
The Department of Social Services (through the National Disability Advocacy Program (NDAP) has given funding for Disability Advocacy Agencies to help people with a disability go through the planning and internal review processes with the NDIA. NDAP agencies are also funded to support people with disability who seek an external review of NDIA decisions through the AAT.
People with disability, carers and their families can use the NDAP Provider Finder to search for advocacy agencies funded by the Australian Government.
Legal Aid Queensland (and other Australian Legal Aid Commissions) have been given funding from the Department of Social Services to provide advice and legal representation for people with a disability and their families about external reviews of NDIA decisions to the AAT.
To get legal advice, you should contact us as soon as possible after receiving the internal review decision from the NDIA. We may also be able to provide legal representation, depending on your situation. Contact us for more information.
Find out more about:
If you're unhappy with the services or conduct of the NDIA you have the right to make a complaint. This is separate from, and in addition to, your right to request an internal or external review of an NDIA decision.
You can lodge your complaint:
If you're unhappy with the NDIA's response to your complaint, you can contact the Commonwealth Ombudsman. You can lodge a complaint by:
You can also contact your local or Federal Member of Parliament.
The NDIS Quality and Safeguards Commission (NDIS Commission) is a new independent Commonwealth agency established to improve the quality and safety of NDIS supports and services.
For more information about the NDIS Commission see the NDIS Commission website.
The NDIS Commission can help with complaints about:
A complaint about a provider can be made to the NDIS Commission by:
For more information about making a complaint about a provider, visit the NDIS Commission website.
Complaints about human rights can be made for acts or decisions which occur after 1 January 2020.
A registered NDIS provider must act and make decisions in a way that is compatible with your human rights, including giving proper consideration to a relevant human right. There are 23 human rights protected in Queensland, including rights such as:
A human rights complaint can be combined with other legal action you are taking or a separate complaint can be made to the Queensland Human Rights Commission.
For more information, about making a human rights complaint against an NDIS provider, contact the Queensland Human Rights Commission.
Acknowledgement—prepared using content attributed to Victoria Legal Aid (www.legalaid.vic.gov.au)
Last updated 6 January 2021