National Disability Insurance Scheme
Changes to this area of law
There have recently been changes to this area of law. We are working to review the information on this page and how these changes may affect you.
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.
National Disability Insurance Scheme
The National Disability Insurance Scheme provides 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.
Applying for support in Queensland
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 coordination partner or early childhood partner may be able to help.
Accessing the NDIS
You can access the NDIS, if:
- you're under 65 years of age, and
- you have a disability, and
- you are an Australian citizen or have a permanent or a protected special category visa, and
- you satisfy the residency requirements, and
- you satisfy the disability or early intervention requirements (which can apply to children and adults).
To apply for access to the NDIS you can:
The NDIA will ask you to provide the following information:
- your name, evidence of your age, where you live and residency
- evidence of your disability and how it impacts you, and
- if needed, permission to talk to other people about your disability.
If you would like legal advice about applying for access to the NDIS, contact Legal Aid Queensland on 1300 65 11 88.
Disability requirements
To meet the disability requirements, you need to have an impairment that:
- is likely to be permanent (lifelong),
- substantially reduces your ability to do everyday things by yourself, and
- impacts on your ability to participate effectively in the community without NDIS support.
Early intervention requirements
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:
- have an impairment (applies to adults and children) that is likely to be permanent (lifelong) and receiving supports now may reduce how much NDIS support you will need in the future, or
- be a child under 7 with a developmental delay that means you usually need more help with care, communication, learning or motor skills than another child of the same age.
The NDIA won't pay for supports if they can be more appropriately funded through other service systems such as health or education.
What support is available?
The NDIA manages the NDIS, and their role is to assess your application and work out what help you need with your disability.
This includes:
- helping you access community services and activities
- giving you equipment such as a wheelchair or communications device
- helping you prepare a NDIS support plan for your daily needs,
- supporting you with your disability early, so you may need less NDIS support later in your life.
Find out more about what supports are funded by the NDIS.
Your rights
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:
- get supports to meet your goals
- have choice and control over the delivery of your supports
- have a support person help you deal with staff at the NDIA.
If you're unhappy with a NDIA decision
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:
- not letting you join the NDIS (become a participant)
- not funding or limiting supports in your plan
- refusing to review your plan after a change of circumstances
- limiting funding because of compensation you have received
- appointing a nominee for you.
Asking for a NDIA decision to be reviewed
Asking for a NDIA decision to be reviewed is a 2-stage process:
- Stage 1: Participant asks the NDIA for an internal review within 3 months of receiving the NDIA’s decision.
- Stage 2: If unhappy with the internal review decision the participant applies to the Administrative Review Tribunal (ART) for an external review within 28 days of receiving the NDIA’s internal review decision.
Asking for an internal review of a NDIA decision
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:
- clearly state that you're asking for an internal review of the decision
- explain why you think the NDIA's decision is wrong
- provide evidence to support your review (such as a letter from your doctor, support worker or allied health professional)
- keep a copy of the internal review request you send to the NDIA for your records, and the date you sent it to the NDIA.
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.
The NDIA has timelines it must comply with when conducting your request for internal review and must make an internal review decision within 90 days of you making the request. See the Participant Service Guarantee.
If you do not receive the NDIA’s internal review decision within 90 days immediately contact Legal Aid Queensland for legal advice by calling 1300 65 11 88. It is important to obtain legal advice as time limits for further review apply.
Legal Aid Queensland may give advice about applying for an internal review. Contact us as soon as possible after receiving the NDIS decision from the NDIA. You can also contact a disability advocate in your area for help. Remember: You have 3 months to ask for an internal review of the decision.
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.
Asking for a plan reassessment where there has been a change of circumstances
You can request a plan reassessment if you experience a change of circumstances during the life of your plan, which may include (but are not limited to):
- changes in your disability support needs
- changes to the support your friends and family are able to provide
- changes in your living arrangements or needs
- you are starting a new job
- there is some other change to your circumstances which means you need more or different NDIS supports.
It's important to understand that requesting a plan reassessment is different from requesting an internal review of a NDIA decision. You can only request a plan reassessment if there has been a change in your circumstances.
You can ask for plan reassessment by:
- calling the NDIA on 1800 800 110
- talking to someone at a NDIA office
- downloading and completing a Change of details or change of situation form, which can be:
- lodged at your local NDIA office
- posted to the NDIA: PO Box 700, Canberra ACT 2601, or
- emailed to enquiries@ndis.gov.au.
When asking for a plan you should:
- clearly state why you're asking for your plan reassessment.
- explain what circumstances have changed, and why your plan needs to be reassessed.
- explain why the review is needed before the date due for the scheduled review of the plan.
- provide evidence supporting your request for a plan reassessment (such as a letter from your doctor, support worker or allied health professional).
Your request will be the first step in the plan reassessment process. After this, the NDIA will decide whether or not to conduct the reassessment. A decision by the NDIA to not conduct a plan reassessment is considered a 'reviewable decision'. If you're unhappy with the NDIA's decision not to conduct a plan reassessment, you can apply to the NDIA for internal review of the decision. You have 3 months to ask for an internal review after the decision.
Legal Aid Queensland can give advice about applying for plan reassessments or internal reviews to the NDIA and external reviews to the ART. Contact us as soon as possible after receiving the NDIA decision.
Asking for an external review of a NDIA decision
If you're unhappy with the NDIA's internal review decision, you can apply to the ART 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 posting your application to the ART, you must make sure your application arrives before the 28-day limit is up.
Legal Aid Queensland may give advice about applying for an external review to the ART. Contact us as soon as possible after receiving the internal review decision from the NDIA.
Disability Advocates
Disability Advocacy Agencies help people with a disability and their families to go through the access, planning and internal review processes with the NDIA. Disability Advocacy Agencies can also support people with disability apply for an external review of NDIA decisions through the ART.
People with disability, carers and their families can find a disability advocate by using the disability advocacy finder.
How we can help
Legal Aid Queensland provides advice and legal representation for people with a disability and their families about external reviews of NDIA decisions to the ART.
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.
More information
Find out more about:
Making a complaint
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 by:
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.
Making a complaint against a NDIS provider about the quality of services or supports
The NDIS Quality and Safeguards Commission (NDIS Commission) is an 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:
- services or supports that were not provided in a safe and respectful way
- services and supports that were not delivered to an appropriate standard.
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.
Making a complaint against a NDIS provider about your human rights
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:
- The right to protection from torture and cruel, inhuman or degrading treatment
- The right to take part in public life
- The right to privacy
- Right to protection of families and children
- Cultural rights
- The right to liberty and security of person
- The right to education
- The right to health services
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 a NDIS provider, contact the Queensland Human Rights Commission.
- Phone the Queensland Human Rights Commission on 1300 130 670
- Visit: www.qhrc.qld.gov.au for a copy of the complaint form (after 1 January 2020).
To get legal advice about whether your human rights have been breached by a NDIS provider you can contact Legal Aid Queensland on 1300 65 11 88.
Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
Last updated 18 April 2023