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(a));

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(b));

Revocation

Plan decision

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(e));

Plan reviews

Registered providers

Children

Nominees

Compensation

Debt recovery

  • a decision under section 190 not to write off a debt (section 99(r));
  • a decision under section 192 that the NDIA is not required to waive a debt (section 99(s));
  • a decision under section 193 not to waive a debt (section 99(t));
  • a decision under section 194(3) or (4) that the NDIA is not required to waive a debt (section 99(u)); and
  • a decision under section 195 not to waive a debt (section 99(v)).

4.1 Requirement to give written notice of a reviewable decision

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)).
This page current as of
26 April 2019