You asked for a change, got a decision that does not fit your life, requested an internal review, and the outcome was still not okay. This guide steps through what happens next, in plain language, so you can choose the path that makes sense for you.
One official link: Administrative Review Tribunal, NDIS matters
https://www.art.gov.au/applying-review/national-disability-insurance-scheme
What is the Tribunal, and what does it feel like?
The Administrative Review Tribunal (ART) is an independent body that reviews government decisions. It is not a criminal court. Its job is to look at the facts and the law and decide what the correct and preferable decision should be.
-
How it runs: many steps happen by phone or video. Some matters resolve without a formal hearing. If there is a hearing, it is usually a quiet meeting room with a Tribunal member leading the discussion.
-
Support to participate: you can ask for adjustments like extra breaks, a support person, or remote attendance. There is no application fee for NDIS matters.
-
Who turns up: the NDIA is represented by Agency lawyers or case officers. You can represent yourself, have a disability advocate, or get legal help. You do not need to wear a suit or know legal jargon.
-
What helps most: clear, practical evidence about your daily life, the risks without support, and why the requested support meets the rules.
If the idea of going to a hearing feels scary, that is understandable. Think of the ART as a structured way to ask an independent decision maker to look again, with all the facts on the table.
Before you file: is the Tribunal the right move right now?
If the evidence you currently have is arguably not strong enough yet, you may wish to pause for a few months, build a stronger argument, then restart the process with the Agency from zero with a “new” request.
Other times, filing now is appropriate. If the decision is causing serious risk, you already have strong, targeted reports, and the internal review did not deal with them, the Tribunal can be the best way forward.
What you need before you can apply
-
You have the internal review decision in writing and it arrived within the last 28 days. If it has been longer, you can ask the Tribunal for extra time and explain why.
-
If the NDIA did not make an internal review decision within 90 days, you can apply to the Tribunal without waiting any longer.
What to expect from NDIA representatives
At the Tribunal, the NDIA is represented by Agency lawyers or case officers. Sometimes they feel cold, technical and hardline. Other times they are practical and open to middle ground. Both experiences are common. Staying calm, keeping your documents clear, and tying each point to evidence helps whichever style you meet.
What to file, and what happens first
Apply online or by form. Name the decision you are challenging and attach the decision letter if you have it. After you lodge, the Tribunal will set a directions process and usually a case conference. A case conference is a structured discussion about the issues, what evidence is needed, and whether agreement is possible without a hearing.
Helpful tip: early letters from the NDIA case officer often spell out exactly what evidence they would need before they will concede or settle. That guidance can be very helpful. If they ask for a specific assessment or risk statement, consider getting it quickly.
Building evidence that lands
Sometimes a short set of strong documents is enough. In complex matters, a large bundle is appropriate. Aim for accuracy and relevance.
Include, where helpful:
-
Baseline functional impact related to your disability, described in everyday terms
-
Risks if supports are not funded, such as unsafe transfers, falls, pressure injury risk, missed medication, carer burnout, tenancy risk, or loss of work or study
-
Clear disability linkage, distinguishing impacts from another health condition that the NDIS does not fund
-
Effectiveness and value, showing why the support works and is the sensible option under current rules
-
Fit to the current lists and rules, or a rationale for a replacement support if the original request sits outside the lists
Ask report writers to be practical and specific about frequency, duration and assistance required, and to describe your usual baseline, including the more difficult parts of the week.
Important funding point: your plan can fund disability supports that help you participate in the process, like gathering reports. It cannot fund legal representation. Support coordinators and recovery coaches may help collect information as a paid support, but they cannot bill your plan to represent you at the Tribunal. Sometimes that would also be a conflict of interest. If you want representation, a disability advocate or community legal service is often a better option.
Conferences and negotiation
Many matters resolve at or after one or two case conferences. Expect back and forth. Both sides may make concessions. You might not get everything you asked for, but you may reach an agreement that keeps you safe and participating. If agreement is reached, the Tribunal can make consent orders to finalise it.
If your case goes to a hearing
A hearing is more formal but still focused on getting to the right decision. A Tribunal member leads. You may give evidence in your own words. The member or the NDIA representative might ask questions. Clinicians may give short evidence or rely on written reports. Reasonable adjustments are available. After considering the material, the Tribunal can set aside the NDIA decision and remake it, vary it, or send it back to the NDIA with directions to decide again.
Timeframe reality: Tribunal processes often take several months. Plan for the long haul. If you can, build a small support network to help with paperwork and calls, and talk with providers about safe minimum levels of support while the case runs.
Mediation and settlement
Between conferences and hearing, there may be informal discussions or a conciliation. Use these to narrow the issues. If the NDIA offers a partial solution that genuinely covers your safety and participation needs, you can accept it. If it does not, you can keep going.
Practical steps, in order
-
Check eligibility to apply. You have an internal review decision within 28 days, or it has been 90 days without an internal review decision.
-
Decide whether to pause or proceed. If key reports are not ready and risk is manageable, you may wish to spend a short period strengthening evidence, then reapproach the NDIA pathway. If risk is high or your evidence is already strong, proceed.
-
Prepare your documents. Organise reports and letters so each NDIA reason is answered by specific evidence. Index long bundles so they are easy to navigate.
-
Apply to the Tribunal. Attend the directions hearing and the first case conference. Read any early letters from the NDIA carefully, since they may spell out what they need to move.
-
Negotiate in good faith. Explore consent outcomes. Keep notes of any concessions discussed.
-
If no agreement, prepare for hearing. Confirm witnesses, provide any remaining documents by the dates ordered, and plan your support for the day.
If funding is critical while you wait
Ask whether a plan variation could address urgent safety issues during the Tribunal process. Variations sit outside the Tribunal and can bridge immediate gaps where criteria are met.
Who can help
-
Support coordinators and recovery coaches: can help gather information and organise reports as a paid support. They cannot bill to represent you at the Tribunal.
-
Disability advocates and community legal services: can often represent or support you at no cost.
-
Friends, family and peers: a small, steady support team helps with the practical load and morale.
Honest expectations
-
NDIA representatives range from very hardline to very reasonable. Both exist.
-
You may not get everything. A fair, workable agreement that keeps you safe and participating can still be a good outcome.
-
The process takes time. Be kind to yourself, pace your energy, and ask for help where you can.