Review of Decisions Operational Guideline - Which decisions can be reviewed?

4. Which decisions can be reviewed?

Decisions under the NDIS Act which can be reviewed are known as reviewable decisions.

The majority of decisions made by the NDIA under the NDIS Act are reviewable decisions.

Each of the following decisions is a reviewable decision:

Access

a decision under section 20(a), 21(3) or 26(2)(c) a person does not meet the access criteria (section 99 item 1);

Requiring provision of information

a decision under section 26(2)(b) not to specify a period for the provision of information or a report (section 99 item 2);

Revocation

a decision under section 30 to revoke a person's status as a participant (section 99 item 3);

Plan decision

a decision under section 33(2) to approve the statement of participant supports in a participant's plan (section 99 item 4);

Participant absent overseas

a decision under section 40(2)(b) not to extend a grace period for the temporary absence of a participant from Australia (section 99 item 5);

Plan reviews

a decision under section 48(2) not to review a participant's plan (section 99 item 6);

Registered providers

Children

a decision under section 74(1)(b) to make, or not to make a determination that a person other than a person with parental responsibility should be a child's representative (section 99 item 17);
a decision under section 74(5)(c) not to make a determination that a child can represent themselves (section 99 item 18);
a decision under section 75(2) to make, or not to make, a determination that a person other than a child's guardian have parental responsibility for a child (see children who have a guardian)(section 99 item 19);
a decision under section 75(3) to make, or not to make, a determination that one or more persons have parental responsibility for a child to the exclusion of others for the purposes of the NDIS Act (section 99 item 19);

Nominees

a decision under section 86 to appoint a plan nominee (section 99 item 20);
a decision under section 87 to appoint a correspondence nominee (section 99 item 21);
a decision under section 89, 90 or 91 to cancel or suspend, or not to cancel or suspend, the appointment of a nominee (section 99 item 22);

Compensation

a decision under section 104 to give a notice to require a person to take reasonable action to claim or obtain compensation (section 99 item 23);
a decision under subsection 104(5A) to refuse to extend a period in which a person must take reasonable action to claim or obtain compensation (section 99 item 24);
a decision under section 105(4)(a) to take action to claim or obtain compensation (section 99 item 25);
a decision under section 105(4)(b) to take over the conduct of a compensation claim (section 99 item 26);
a decision under section 111 to give a notice that the NDIA proposes to recover an amount(section 99 item 27);
a decision under section 116 not to treat the whole or part of a compensation payment as not having been fixed by a judgement or settlement (section 99 item 28)

Debt recovery

a decision under section 190 not to write off a debt (section 99 item 29);
a decision under section 192 that the NDIA is not required to waive a debt (section 99 item 30);
a decision under section 193 not to waive a debt (section 99 item 31);
a decision under section 194(3) or (4) that the NDIA is not required to waive a debt (section 99 item 32); and
a decision under section 195 not to waive a debt (section 99 item 33).

The NDIA must give written notice of a reviewable decision to each person directly affected by the reviewable decision (section 100(1)).

The notice must include a statement that the person:

may request that the NDIA review the reviewable decision (i.e. that the person may request an internal review) (section 100(1)(a)(i)); and
may seek further review to the AAT (i.e. may seek an external review) (section 100(1)(b)).