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This topic covers
- Who is eligible for the NDIS
- Applying for the NDIS
- Seeking a review of a decision about the NDIS
- Buying goods and services under the NDIS
The NDIS provides support to people under the age of 65 who have a significant and permanent disability. The NDIS also provides people living with a disability, their family and carers with information and referrals to existing support services in the community.Â
| Time limit | Action |
|---|---|
| 28 days | From receiving the decision from the National Disability Insurance Agency (NDIA) to apply for a review by the Administrative Review Tribunal (ART), if you are unhappy with an internal review decision. If it has been 90 days since you asked the NDIA for an internal review and you have not received a decision, you can apply for a review at the ART with a copy of your internal review request. If you are past the time limit, you can apply for an extension of time. The ART may extend the time limit if it thinks this is reasonable. |
| Within 3 months | Of receiving notice of the decision to apply for an internal review with the NDIA if you are unhappy with a decision. |
| 3 years | From when the cause of action occurs (the event that you are complaining about) to apply to NSW Civil and Administrative Tribunal (NCAT) about a consumer claim to do with goods and services. The cause of action may happen:
The application must also be made within a maximum of 10 years of the goods and services being supplied. These time limits apply together and you have to be within both time limits to apply to NCAT. For example, if it has been more than three years since the cause of action you will not be able to apply to NCAT, even if it is less than 10 years since the goods or services were supplied. |
Organisation
| Organisation | Responsibilities |
|---|---|
| National Disability Insurance Agency (NDIA) | The Scheme is managed by NDIA, which is a Commonwealth Government agency.
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An application for an internal review of a decision of the NDIA can be made to the NDIA.Â
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| Administrative Review Tribunal (ART) | An application for a review of an internal review decision can be made to the ART. |
| NSW Fair Trading | NSW Fair Trading can receive complaints about goods and services that have been purchased in NSW. They may be able to help customers negotiate with vendors. |
| NSW Civil and Administrative Tribunal (NCAT) | If you are unable to resolve a dispute about goods and services, you may apply to the NCAT for orders for repair, replacement, refund and/or compensation.
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| NDIS Quality and Safeguards Commission (NDIS Commission) | The NDIS Commission registers and regulates providers in NSW and SA. It can receive complaints about disability service providers.
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| Commonwealth Ombudsman | The Commonwealth Ombudsman can receive complaints about the NDIA. |
Legislation
| Authority | Covers |
|---|---|
| National Disability Insurance Scheme Act 2013Â (Cth) | Sets out:
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| National Disability Insurance Scheme Rules | Â Set out the more detailed rules on how the NDIS operates. It includes rules on becoming a participant, supports, children and plan management.
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| Operational Guidelines of the National Disability Insurance Agency (NDIA) | These Guidelines set out how the NDIA operates. It includes guidelines on applying, planning, specific types of supports, child representatives, registered providers, compensation and review of decisions.
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| Australian Consumer Law (ACL) | The Competition and Consumer Act 2010 (Cth) outlines consumer protection laws and adopts the ACL in Schedule 2 of the Act. |
| Common term | Definition |
|---|---|
| Access Request Form | The form you must fill in to become part of the NDIS. |
| Access requirements | The criteria you need to meet to become an NDIS participant, including age, residency and disability. |
| Administrative Review Tribunal | The Administrative Review Tribunal is an independent body that reviews administrative decisions made under Commonwealth law. It replaced the former Administrative Appeals Tribunal. The Administrative Review Tribunal manages reviews across eight areas of practice:
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| Carer | Someone who provides personal care, support and help to a person with disability and is not contracted as a paid or voluntary worker, often a family member or guardian. |
| Early Childhood Early Intervention (ECEI) | Providing support early in life to reduce the effects of disability later in life or improving functional capacity. ECEI is provided to children less than six years old under the NDIS. |
| Local Area Coordinators (LAC) | Local organisations working in partnership with the NDIA, to help participants, their families and carers access the NDIS. Local Area Coordinators will help participants write and manage their plans and also connect participants to mainstream services and local and community-based supports. |
| ​NDIA | ​National Disability Insurance Agency. The Commonwealth government organisation administering the NDIS. |
| ​Nominee | ​A person who acts and makes decisions for a person in the NDIS. |
| ​Participant | ​A person who meets the access requirements for the NDIS. |
| ​Plan | A written agreement worked out with a person, setting out their goals and needs and the supports the NDIS will fund. |
| ​Provider | ​Someone who has products or services to help participants achieve the goals in their plan. Participants can choose their providers and change providers at any time. This is also known as choice and control. |
| ​Support coordinator | ​Someone who helps a participant understand their plan, choose service providers, and manage the supports. The NDIA puts specific funding in a participant's plan if they need the help of a support coordinator.  |
| Organisation | Fee |
|---|---|
| National Disability Insurance Agency (NDIA) | There are no application fees for the NDIS or to seek a review of a decision. |
| Organisation | Form |
|---|---|
| National Disability Insurance Agency (NDIA) | To become part of the NDIS you may complete an Access Request Form. You must contact the NDIA to request a copy of the form - see Contact on the NDIS website. |
| Internal Review of a NDIA decision | To apply for an internal review of a decision you can:
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| Administrative Review Tribunal (ART) | To apply for a review at the ART, you can apply online, call the ART on 1800 228 333, email, send a letter or visit a Tribunal office. For more information, see National Disability Insurance Scheme on the ART website. |
| Type | Costs |
|---|---|
| Legal costs | There are no costs for either an internal review application or an application for review before the ART. |
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Last updated: October 2024