Hello, my name is Petra and I support clients with NDIS appeals at Self Advocacy Sydney.
I recently assisted a client appeal an internal review decision at the Administrative Appeals Tribunal.
The NDIS plan that the client received did not reflect the supports which were reasonable and necessary for my client. The client was not happy with the plan and wanted to appeal this decision. I firstly disputed the plan with an internal review as plan did not align with the overarching goals and foundational principals of the National Disability Insurance Scheme Act 2013, which are to ensure the participant have access to reasonable and necessary supports with the view to increase independence and community participation, and, achieve their goals (s 3 NDIS Act).
I then proceeded to appeal the internal review decision of the NDIA at the AAT (Administrative Appeals Tribunal).
I was requesting the plan to be varied that the supports would accurately reflect the reasonable and necessary needs of the client.
The first stage of the tribunal is a case conference:
A case conference is an informal, private meeting arranged by the AAT to talk about your case. In most cases it is the first step after the tribunal accept the application, and many cases are resolved at this stage. If there is no agreement, they will prepare a written case plan setting out how the application will proceed.
The matter then proceeded to a conciliation:
Conciliation is an informal, private meeting arranged by the AAT to help the parties try to reach an agreed outcome.
It will be conducted by an AAT Conference Registrar or Member, and attended by:
• NDIA’s legal representation
• Client and I
I was able to come to an agreement without the assistance of legal aid. The NDIA offered my client a plan which accurately reflected her specific needs and they were happy with this outcome.
SAS can now help you with NDIS Appeals
The NDIS Appeals has been set up to ensure that all people with disability, and others affected by reviewable decisions of the National Disability Insurance Agency (NDIA), have access to support when they are seeking review of those decisions in the Administrative Appeals Tribunal (AAT).
SAS is the only NDIS Appeals service between Parramatta and Penrith!
If you would like more information about the NDIS Appeals process click here: (“NDIS Appeals”).
What is the AAT?
The AAT has power to examine a wide range of decisions by NDIS, including who is able to participate in the NDIS and what types of support are provided to NDIS participants. Please note: An application must be made within 28 days after you receive the decision from NDIS. The AAT may allow a longer period in special circumstances.
SAS can now assist you if you are seeking to review a decision made by the NDIA.
Who can the SAS’ NDIS Appeals Coordinator assist?
- If you are a person with disability, and you are unhappy with a decision made regarding the NDIS,
- If you work for a service or are a professional in the field and wish to refer a person for advocacy assistance or assistance with an appeal to the AAT
- If you are a participant’s chosen supporter and need advice with the AAT processes
The SAS NDIS Appeals Coordinator’s job is to:
- Assist applicants to navigate the process of seeking an Administrative Appeals Tribunal (AAT) review of NDIS decisions, including preparing documents, attending conferences and hearings;
- Assist applicants to self-advocate where possible, or provide individual advocacy support, developing and implementing an individual plan in partnership with the applicant;
- Ensure a referral to the Central Assessment Provider ( a specialist legal advisor) where legal issues are highlighted for a determination as to whether legal services will be provided (for complex or novel legal cases); and
- Provide public information about the availability and role of the support person.
If you think you need assistance simply call Petra Sampson, our NDIS Appeals Coordinator on: 0412 759 668 and talk to her about your issue.
SAS’ NDIS Appeals Staff:
SAS would like to introduce everyone to our new NDIS APPEALS Coordinator Petra Samson. Petra is in her last year of completing her Law degree at Macquarie University. She has some big shoes to fill replacing Ara Cho and we have the confidence that she will do an excellent job.
Ara has moved on and taken up a solicitor’ position in a legal firm, we thank her for a fantastic job also wish her our very best for the future.