Review of Decisions Operational Guideline

On this page:

  1. What is the purpose of this operational guideline?
  2. What is the relevant legislation?
  3. Overview
  4. Which decisions can be reviewed?
    1. Requirement to give written notice of a reviewable decision
  5. Internal review by the NDIA
    1. What is an internal review?
    2. Who can request an internal review?
    3. What is the time limit for requesting an internal review?
    4. Automatic internal review of certain decisions
    5. How can a request for internal review be made?
    6. Can a request for internal review be withdrawn?
    7. What must the NDIA do when it receives a request for internal review?
    8. Requirement to give written notice of the internal review decision
    9. What happens to the reviewable decision whilst an internal review is being conducted?
    10. What happens if a reviewable decision is varied before an internal review is completed?
  6. External review by the AAT
    1. What is external review?
    2. What is the time limit for requesting an external review?
    3. How can a request for external review be made?
    4. Can a request for external review be withdrawn?
    5. What happens when a request for external review is made?
    6. What decisions can the AAT make?
    7. What happens to the reviewable decision whilst an external review is being conducted?
  7. Appeals to the Federal Court on a question of law
    1. What is a question of law?
    2. What is the time limit for appealing to the Federal Court?
    3. Who are the parties to the court proceedings?
    4. What orders can the court make?
    5. What happens to the AAT decision whilst an appeal is being conducted?
  8. Judicial review of administrative decisions
    1. Decision making according to the law
    2. What orders can the court make?
    3. What happens to the NDIA's decision whilst a judicial review is being conducted?

Update 4/3/2020

New content which does not change the intent of the OG, and addition or omission to improve, streamline or strengthen content, removal of hyperlinks and act references for simplicity of content.

Specific change: Updated references to section 99 of the NDIS Act to reflect changed language used in the legislation. Reference to reviewing prioritisation principles in 2019 updated to confirm principles will be reviewed in 2020 (at 5.7.1).

This page current as of
4 March 2020