NDIS appeals: how to challenge a decision you disagree with

Quick read: Two stages. First — internal review under section 100 of the NDIS Act. You ask the NDIA itself to look at the decision again. Three months to lodge from the date you received the decision; the NDIA aims for 60 days and has 90 days at most to complete it. Second — if you're still unhappy, you apply to the Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024. 28 days to lodge. No fee at either stage. Free advocacy support and free legal help are available via state-based NDIS Appeals providers.

Which decisions can be reviewed?

Not every NDIA action can be appealed. The Act has a specific list of "reviewable decisions" in Schedule 2. The common ones:

• Access decisions — whether you got in to the NDIS or not
• Plan content — what supports are funded, in what amount, and how the plan is to be managed (self / plan / agency)
• Plan variation and reassessment decisions
• Nominee appointment decisions

Other complaints — about a planner being rude, about a portal not working, about a poor service experience — aren't reviewable decisions. They're complaints, which you handle through the NDIA contact line (1800 800 110) or the NDIS Quality and Safeguards Commission (for provider-related concerns).

The line between "reviewable decision" and "complaint" matters because the appeals system only handles the first kind. If you're not sure which category your situation falls into, the NDIA contact line can clarify.

Stage 1 — Internal review (section 100)

This is your first formal step when you disagree with a decision.

What it is: You ask the NDIA to look at the decision again — internally. A different decision-maker (not the one who made the original decision) reviews everything fresh against the law and your plan.

When to use it: Always before going to the ART. You can't skip the internal review — it's a prerequisite for external review.

Time limit to lodge: Three months from the date you received the original decision letter. Late requests can sometimes be accepted with good reason, but don't rely on it. Lodge within the three months.

How to lodge:

• By phone — 1800 800 110, ask to lodge a Section 100 review
• In writing — NDIA, GPO Box 700, Canberra ACT 2601
• Via your myplace / my NDIS app
• In person at any NDIS office

What to include:

• Your NDIS number
• A copy of the decision letter you're reviewing (or its date if you don't have the copy)
• A short statement of what you disagree with and why
• Any new evidence — reports, assessments, letters from clinicians — that addresses the reason given in the original decision

How long it takes:

• 60 days target under the Participant Service Guarantee
• 90 days legal maximum under section 100(6A) of the Act

If the NDIA doesn't complete the review within 90 days, you can apply directly to the ART without waiting longer.

Possible outcomes:

• The NDIA confirms ("affirms") the original decision — no change
• The NDIA varies the decision — partial change
• The NDIA sets aside the original decision and replaces it with a new one — full reversal

Many decisions that are wrong at first attempt get fixed at internal review when new evidence is presented. That's the whole point of the stage — second look, fresh eyes, better case.

Stage 2 — External review at the Administrative Review Tribunal (ART)

If the internal review goes against you and you're still convinced it's wrong, you can take it further to the ART.

Important context: the ART replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. Same role, different name and slightly different procedures. If you had an AAT case in progress before that date, it automatically moved to the ART — you didn't need to do anything.

What the ART is: An independent tribunal. Not part of the NDIA. The decision-makers there have to apply the same law (the NDIS Act) but they're not the NDIA, so they look at things with fresh judgement.

Time limit to lodge: 28 days from the date you received the internal review decision. Late lodgement can sometimes be extended on application, but the 28 days is what to plan for.

Fee: None for NDIS reviews.

How to lodge:

• Online at art.gov.au
• By phone — 1800 228 333
• In writing to the ART

What to include: A copy of the internal review decision plus an explanation of what you want the ART to do.

What happens after lodging:

1. Case management — the ART contacts both you and the NDIA, sets timelines, identifies the issues in dispute
2. Alternative dispute resolution (ADR) — conciliation or mediation, often by phone or video. Many cases resolve here without going to a full hearing
3. Hearing — if not resolved by ADR. A Tribunal member hears both sides. You can have an advocate or lawyer with you. Hearings can be in person or by video.
4. Decision — the ART can affirm the NDIA's decision, vary it, or substitute a new one

How long it takes varies widely — from a few months to over a year for complex cases. Most cases settle before hearing.

Free support is available

You do NOT have to navigate this alone, and you do NOT have to pay for legal help.

The federal government funds a programme called NDIS Appeals specifically for ART matters. It's delivered through state-based disability advocacy organisations. Two kinds of support:

• Skilled advocates who help you prepare your case, gather evidence, understand the process, and accompany you to the hearing
• Free legal support at later stages of complex cases

To find an NDIS Appeals provider, search "NDIS Appeals" + your state. Examples (current at time of writing — verify the latest):

• NSW — People with Disability Australia, Disability Advocacy NSW
• Victoria — Villamanta Disability Rights, Action for More Independence and Dignity in Accommodation (AMIDA)
• Queensland — Queensland Advocacy Inc, Aged and Disability Advocacy
• South Australia — Disability Advocacy and Complaints Service of SA
• Western Australia — People with Disabilities (WA), Citizen Advocacy Perth West
• Tasmania — Speak Out Advocacy, Advocacy Tasmania
• ACT — Advocacy for Inclusion
• Northern Territory — Northern Territory Disability Advocacy Service

These services are free regardless of your income.

What makes a successful appeal

The single biggest factor: better evidence than what was in front of the original decision-maker. Most refused decisions weren't refused because the NDIA was being mean. They were refused because the evidence didn't clearly meet the legal tests. A successful review nearly always involves stronger, more specific, more current evidence than the first round.

What stronger evidence looks like:

• Recent (within 12 months)
• From the right kind of professional for your disability (specialist where relevant, not just GP)
• Specifically addresses the test that failed in the original decision
• Quantifies functional impact rather than describing it in general terms
• Connects to the six reasonable and necessary tests explicitly

Other things that help:

• Being able to clearly say what you want the NDIA to do differently (specific amount of funding, specific support type, specific change to plan management)
• Having an advocate or lawyer who knows the process and can frame your case in NDIA language
• Patience — the timelines are long, and rushed appeals are often weaker than considered ones

Common mistakes

Lodging without new evidence. If you ask the NDIA to review a decision and provide nothing new, they'll often affirm. The same evidence will likely produce the same decision.

Missing the time limits. Three months for internal review, 28 days for ART. Late lodgements aren't always accepted.

Confusing review pathways. Section 100 (internal review) is for disputing a decision. Section 47A (variation) is for asking to change your plan because circumstances have changed. Section 48 (reassessment) is for the scheduled end-of-plan review. They're different mechanisms; use the right one.

Trying to lawyer up unnecessarily early. NDIS Appeals advocates are usually the right starting point — free, experienced, and specifically trained in NDIS matters. Private lawyers cost money and aren't necessary for most cases.

Giving up too early. Many participants whose first decision was refused get a different outcome on internal review or at the ART. The system is slow but the door isn't closed.

When the NDIA isn't responding

If you've lodged a section 100 review and the 90 days has passed without a decision:

• You can go straight to the ART without waiting any longer (the Act allows this)
• You can escalate within the NDIA — ask to speak to a Team Leader, then a Branch Manager, if you're getting stonewalled
• You can lodge a complaint with the Commonwealth Ombudsman about NDIA delays — they investigate procedural failures

If the matter is truly urgent (you're about to lose housing, miss critical medication, etc.) — phone the NDIA contact line and ask for an urgent variation under section 47A while the review is in progress. This is a different process from the review but can provide interim relief.

Sources

This guide draws on section 100 of the NDIS Act 2013, the Administrative Review Tribunal Act 2024, the NDIA's published guidance on requesting a review, and the ART's NDIS-specific information. All linked at the top.

For your specific case, the right next step is usually a free chat with your state's NDIS Appeals provider — they'll help you decide if the timing is right and what evidence to gather.

Sources & last verified

Last verified 24 May 2026 against:

• NDIS Act 2013 — Section 100 (Internal review)
• NDIA — Request a review of a decision
• Administrative Review Tribunal — NDIS reviews

Next review scheduled 24 August 2026.