An improved approach to dispute resolution

We are working with participants to improve our early dispute and alternate resolution processes and to improve their external review experience.

We know we can do better to engage with participants who have asked for an external review.

We are committed to improving the way we work with you to resolve disputes early.

We have already begun making improvements and have:

• introduced early assessments for new matters lodged with the 
  Administrative Appeals Tribunal - AAT. When matters are lodged with the AAT for review, we will contact the participant or potential participant to better understand their circumstances and the disputed issues so that we can talk about accessible and informal options to resolve the case before it goes to a formal hearing. 

Since June 2022, more than 8,500 NDIS AAT cases have been resolved due to these initiatives.

Since July 2023 more than xxx AAT matters have been resolved due to the AAT Case Management team proactively engaging with participants.

We are consulting with participants and the sector on how to improve our engagement with you, if you decide to appeal an NDIA decision to the AAT.

We want to understand your experiences and your expectations of us when a matter does proceed to the AAT.

A significant number of matters should be resolved prior to AAT hearings in a quicker, fairer and easier way because of these changes.

We will regularly update this page as the improvements we are making to our AAT processes are introduced and progress.

Independent Expert Review

In 2023, we trailed Independent Expert Reviews where matters were reviewed by an external Independent Experts.

The Independent Experts were independent from both the NDIA and the participant. They were people with experience of the disability sector and the NDIS, and had experience in mediation and conciliation processes.

The Independent Experts provided an independent, informed and unbiased opinion on an appropriate outcome to resolve the matter. 
 

Evaluation of the IER trial

The IER trial has now ended and the Agency’s Research and Evaluation branch has evaluated its effectiveness.

Read the report here:

• Independent Expert Review trial – Evaluation report (DOCX 1MB)
• Independent Expert Review trial – Evaluation report (PDF 1.3MB)

The report includes feedback from various stakeholders including survey responses from participants, their representatives and Independent Experts and interview responses from key stakeholders from inside and external to the Agency.

The report includes data around timeliness, costs and outcomes to help assess the IER trial. 

The report will help inform future dispute resolution models.

The IER trial informed our people-centric approach to dispute resolution, our engagement with the disability community and our response to the NDIS Review and the Administrative Review Taskforce to establish a new Federal Administrative Review Body.  

We will continue to communicate and engage with stakeholders to identify ways to improve our dispute resolution processes.