The Commonwealth Department of Health Disability and Ageing (DHDA) funds Disability Justice Australia (DJA) to provide NDIS Appeals Advocacy through the National Disability Insurance Scheme (NDIS) Appeals Program. Advocacy is provided free of charge to the client.
The NDIS Appeals Program helps participants to lodge an external review of most National Disability Insurance Agency decisions through the Administrative Review Tribunal (ART).
As a cross disability membership organisation, DJA provides NDIS Appeals Advocacy for participants who live in our funded geographical intake area, which covers all of metropolitan Melbourne.
How are NDIS participants eligible for NDIS Appeals Advocacy from DJA?
Participants must have applied and been rejected for an Internal Review of NDIA decisions made about:
- Application to access the NDIS.
- Supports in their NDIS plan.
- Re-assess or vary their NDIS plan.
- Decisions about a child participant in the NDIS, or
- Appointing a plan or correspondence nominee.
If they have been rejected, they can complete an Intake process with DJA and will be placed on our Waiting List (if it is open at the time).
Waiting List for NDIS Appeals Advocacy
DJA has a Waiting List because demand for our services is higher than we have the staff, funding and time to meet.
Not everyone who is eligible will get advocacy in time to meet the deadline of 28 days after the Internal Review decision is received. If this happens, we will try to find another service that has a vacancy that can help you.
At times demand is so high that the Waiting List is closed because we cannot provide a service within time frame required the NDIS Act. During these times, we will try to find another service that can help you instead.
What happens when a NDIS Appeals Disability Advocate is allocated?
Our NDIS Appeals Advocates have been trained as solicitors but cannot act for you in that capacity.
They will:
- use their extensive knowledge, skills and contacts to support you to lodge your application and explain the NDIS Appeals process including what is involved in appealing to the ART.
- help you prepare and collate the documents you will need at the ART and try to teach you how to speak up for yourself during the Appeals process if you wish to try this.
- attend ART conferences and hearings to help you put your case to the ART.
- help you apply for legal aid from the Victorian Legal Aid Commission for your appeal where you would greatly benefit from having a lawyer represent you. However, legal aid funding is limited to appeals where there is wider benefit to the community from the outcome of your NDIS Appeal if it is successful.
- develop a NDIS Appeals Plan with you that sets out the steps needed for your NDIS Appeal.
All our NDIS Appeals Advocates also provide Individual Advocacy and Legal Advocacy under the National Disability Advocacy Program (NDAP) as well.
Please use the Contact Us page if you need NDIS Appeals Advocacy support support.