CHAPTER CONTENTS

Last updated 1 June 2025                                                                                                    

How to Access the National Disability Insurance Schemeclick to download a pdf of this chapter
Supports for Participants
The Challenge of Obtaining Necessary Evidence
Scheduled Reviews, Reassessments and Variations
How to Review a National Disability Insurance Agency Decision
Free Advocacy and Legal Services

The National Disability Insurance Scheme (NDIS) provides funding for supports and services for eligible people living with disability.

The NDIS is administered by the National Disability Insurance Agency (NDIA), a federal government agency. The NDIA is responsible for assessing applications from people with disability seeking access to supports and services, and subsequently determining the nature of the supports to be provided to successful applicants (participants).

The law that underpins the NDIS is the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act). There are a number of accompanying Rules including the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth) (Becoming a Participant Rules) and the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth) (Supports for Participants Rules).

A review of the NDIS led to substantial changes to the NDIS Act in 2024 and the commencement of new rules, including the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 (Cth) (Transitional Supports Rules). As at the date of publication of this chapter, further reform is expected, including the introduction of ‘needs assessments’ as a basis for determining the supports a participant will receive.

The NDIA applies the Act and Rules to determine a person’s eligibility to access the NDIS and to determine the funded supports a participant will receive in their NDIS plan.

The NDIA also rely on their Operational Guidelines, however, the guidelines cannot be relied upon when they are inconsistent with the Act and Rules (see Re Drake and Minister for Immigration and Ethnic Affairs (No 2) [1979] AATA 179).

Most legal issues arise when the NDIA refuses to grant a person access to the NDIS or approves a NDIS Plan that does not include supports requested by a participant. These decisions are reviewable.

This chapter will outline these decision-making processes of the NDIA, including the considerations it must make and the steps a person can take if they are not satisfied with a decision made by the NDIA that impacts them.