Getting an NDIS decision overturned can feel like an uphill battle, but it happens more often than many participants realise. Whether the NDIA has refused to fund assistive technology, rejected an SDA application, or reduced your plan funding, you have formal rights to challenge the decision. This guide walks you through each stage of the review process.
Why NDIS Decisions Get Appealed
NDIS decisions are sometimes refused for reasons that don't hold up under scrutiny. Common grounds for appeal include:
- Funding refused because the item was considered a "standard household item" (the 2025 Hyde ruling challenged this approach)
- OT evidence was considered insufficient, even though it was thorough
- The NDIA applied the wrong eligibility criteria for SDA or AT
- Plan funding was reduced at review without adequate justification
- A support was categorised incorrectly (e.g., as a core support when it should be capital)
Appeals consistently result in participants receiving more funding than the original NDIA decision provided. If a decision doesn't seem right, it is worth pursuing.
Stage 1: Internal Review (Mandatory First Step)
Before you can take your case to the Administrative Review Tribunal, you must first request an Internal Review from the NDIA. This is also called an "internal review request" or "review of reviewable decisions."
How to request an internal review
- Contact the NDIA by phone (1800 800 110) or in writing within 3 months of receiving the original decision
- Tell them you are requesting an internal review of the specific decision
- Provide your participant number and the date of the decision you are disputing
- Submit any additional evidence that supports your case, such as an updated OT report, specialist letter, or support coordinator's statement
What happens next
A different NDIA delegate (not the person who made the original decision) will review your case. They can confirm, vary, or set aside the original decision. The review typically takes 4-8 weeks.
Tip: This is a good time to strengthen your evidence. If the original decision cited insufficient OT documentation, ask your OT to provide a more detailed functional capacity assessment before the internal review is decided.
Stage 2: Administrative Review Tribunal (ART)
If you are unhappy with the outcome of the internal review, you can apply to the Administrative Review Tribunal (ART) for an independent review. This is a formal legal process but is designed to be accessible to participants without legal representation.
How to apply to the ART
- Apply within 28 days of receiving the internal review decision (you can apply for an extension if needed)
- Visit the ART website and submit an application for review of an NDIS decision
- You will be assigned a case number and a Tribunal member
- The ART process typically involves a conference (informal discussion) followed by a hearing if the case is not resolved at conference stage
What to expect at the ART
- The process can take several months from application to resolution
- Most cases resolve at the conference stage without going to a full hearing
- You can represent yourself, bring a support person, or engage a disability advocate or lawyer
- The Tribunal is required to conduct a fresh review of the decision, meaning it looks at all the evidence as if starting from scratch, not just whether the NDIA made a procedural error
The Guidance and Appeals Panel (GAP)
For cases that raise issues of broad significance to the administration of the NDIS, either party can apply for the case to be referred to the Guidance and Appeals Panel (GAP), which is the senior tier of the ART. GAP decisions set precedents that all future Tribunal members must consider.
The 2025 case Hyde v NDIA reached the GAP and resulted in a ruling that strengthened participants' rights to access mainstream smart home technology. This is an example of how individual appeals can change the rules for all participants. Read more about what the Hyde ruling means for NDIS participants.
What Evidence Helps Win an Appeal?
The quality of your evidence is the single biggest factor in whether an appeal succeeds. Focus on:
OT functional capacity assessment
This is the most important document in most NDIS appeals. A strong OT report:
- Clearly describes your specific functional impairment and how it affects daily activities
- Links the support requested directly to the impairment
- Addresses why alternatives are less appropriate
- Uses objective measurement tools (FIM, COPM, AMPS) where possible
- Describes your worst days, not just typical performance
For guidance on preparing for an OT assessment, read our OT Assessments guide.
Specialist letters
Letters from your treating specialists (neurologist, psychiatrist, physio) confirming the nature and severity of your condition can significantly strengthen your case, particularly for SDA applications.
Support coordinator's report
Your support coordinator can provide a written statement documenting your current support situation, what supports are inadequate, and why the requested funding is necessary.
Real-world evidence
Photos, videos, and written accounts of how your disability affects your ability to perform specific tasks at home can be powerful. If you are appealing a refusal for assistive technology, showing concretely what happens when you don't have the technology is more persuasive than abstract descriptions.
Getting Help With Your Appeal
You do not need to go through the appeals process alone.
Disability advocacy organisations
Free advocacy services can help you prepare your appeal, understand your rights, and attend hearings with you. In WA, organisations including People With Disabilities WA (PWdWA) and Disability Advocacy WA provide NDIS advocacy support. You can also find local advocacy services through AskIzzy (askizzy.org.au).
NDIS Quality and Safeguards Commission
If your complaint is about the conduct of an NDIS provider rather than a funding decision, the NDIS Quality and Safeguards Commission (1800 035 544) handles these complaints separately from the ART process.
Legal aid
If your appeal involves complex legal questions, Legal Aid WA provides free legal advice for eligible people. Given the complexity of some NDIS disputes, this can be especially helpful for cases heading to a full ART hearing.
How Your Support Coordinator Can Help
A proactive support coordinator should be your first call when you receive an NDIS decision you disagree with. They can:
- Help you understand the decision and identify grounds for appeal
- Coordinate with your OT and specialists to strengthen your evidence
- Help prepare the internal review request
- Connect you with advocacy services if needed
- Accompany you to NDIS meetings and conferences
For more detail on the support coordinator's role, see our guide to what a support coordinator does.
Key Deadlines to Remember
| Stage | Deadline | |---|---| | Request internal review | Within 3 months of original decision | | Apply to ART after internal review | Within 28 days of internal review decision | | Request extension | As soon as possible if you will miss a deadline |
Missing a deadline does not automatically mean your case is lost, but it does complicate things. Apply for an extension as soon as you realise you may miss the window.
SDA Appeals
SDA eligibility decisions are among the most commonly appealed NDIS decisions. If your SDA application was refused, the most common reasons are:
- Insufficient OT evidence of extreme functional impairment
- The NDIA found that SDA would not represent value for money in your circumstances
- Your support needs were considered manageable in standard housing with modifications
If any of these apply, it is worth getting an independent OT assessment and requesting an internal review. SDA decisions are overturned on appeal regularly.
For more on SDA eligibility, see our SDA Eligibility Explained guide.
If you are an Innogreen SDA resident or NDIS participant and you have received a decision you think is wrong, contact our team. We can connect you with experienced support coordinators and OTs who understand the appeals process and can help you build the strongest possible case.