There are a number of free supports available for participants prior and during the appeals process, including . These organisations support participants throughout the internal review and appeals process. Providers, including Support Coordinators, should consider referring participants to these supports where they do not have the capacity to support participants. Participants may also receive access to funding for services, where the case is complex or introduces new legal issues. Legal services are provided by Legal Aid Commissions. For further information, visit the Table 1: Unscheduled review types Internal Review Request for Administrative Review Appeals Tribunal If the participant In what If the participant is Either: is not happy with circumstances not satisfied with a If a an internal review can it be decision made by participant’s decision made by requested the NDIA circumstances NDIA; and, change; or, ( for example, a An internal review At any point, funding decision has been where the made in a plan or completed, and participant’s a decision not to the disputed plan does not review a plan ). decision is related meet their to the internal needs review Timeframes Within 3 months Can occur at any Within 28 days from after receiving the time. receiving the decision decision (for made by NDIA example, 3 following an Internal months from plan Review. approval date). Application form Or formal letter Example A participant has A participant uses A participant behaviours of additional supports submitted a plan concern and has after their primary review request as previously had carer becomes their plan no longer difficulty engaging unwell for an met their needs. NDIA with service extended period of decided not to review providers. There is time. As a result of the plan. The no funding in their using increased participant submitted plan, under the funding throughout an internal review of capacity building this period, they the decision not to
There are a number of free supports available for participants prior and during the appeals process, including . These organisations support participants throughout the internal review and appeals process. Providers, including Support Coordinators, should consider referring participants to these supports where they do not have the capacity to support participants. Participants may also receive access to funding for services, where the case is complex or introduces new legal issues. Legal services are provided by Legal Aid Commissions. For further information, visit the Table 1: Unscheduled review types Internal Review Request for Review Administrative Appeals Tribunal In what circumstances can it be requested If the participant is not satisfied with a decision made by the NDIA ( for example, a funding decision made in a plan or a decision not to review a plan ). Either: If a participant’s circumstances change; or, At any point, where the participant’s plan does not meet their needs If the participant is not happy with an internal review decision made by NDIA; and, An internal review has been completed, and the disputed decision is related to the internal review Timeframes Within 3 months after receiving the decision (for example, 3 months from plan approval date). Can occur at any time. Within 28 days from receiving the decision made by NDIA following an Internal Review. Application form Or formal letter Example A participant has behaviours of concern and has previously had difficulty engaging with service providers. There is no funding in their plan, under the capacity building A participant uses additional supports after their primary carer becomes unwell for an extended period of time. As a result of using increased funding throughout this period, they A participant submitted a plan review request as their plan no longer met their needs. NDIA decided not to review the plan. The participant submitted an internal review of the decision not to
NDS-Practical-Guide-Unscheduled-Plan-Review-accessible.docx