Understanding the Administrative Review Tribunal (ART) and NDIA Decisions
Navigating the National Disability Insurance Scheme (NDIS) can sometimes feel complex - especially when a participant, nominee, or provider disagrees with a decision made by the National Disability Insurance Agency (NDIA). This is where the Administrative Review Tribunal (ART) plays an important role.
The ART is an independent body that reviews certain government decisions, including a wide range of decisions made by the NDIA. Its purpose is to ensure decisions are fair, lawful, and based on the correct information.
What is the Administrative Review Tribunal (ART)?
The Administrative Review Tribunal (ART) was established to provide a simpler, more accessible, and fair system for reviewing Commonwealth government decisions. It replaces the former Administrative Appeals Tribunal (AAT) and aims to improve how people experience administrative review.
The ART is independent of the NDIA. This means it does not act on behalf of the Agency and instead takes a fresh, impartial look at the decision being challenged.
What NDIA Decisions Can the ART Review?
The ART can review many decisions made by the NDIA under the NDIS Act. Common examples include decisions about:
Access to the NDIS
Whether a person meets the access requirements to become an NDIS participant.Participant Plans
Decisions about what supports are funded in a participant’s plan, including the type, amount, or duration of supports.Reasonable and Necessary Supports
Whether specific supports are considered reasonable and necessary under the legislation.Plan Reviews and Reassessments
Outcomes of scheduled or unscheduled plan reviews.Funding Levels
Decisions about budgets, categories of funding, or reductions in funding.Plan Management
Decisions about how a plan is managed (self-managed, plan-managed, or NDIA-managed).Participant Status
Decisions relating to continuation, suspension, or cancellation of participant status.
Before Going to the ART: Internal Review
Before applying to the ART, a person must usually request an internal review by the NDIA. This involves asking the NDIA to reconsider its original decision.
However, if the NDIA has not completed its internal review within 90 days (or other specified period) of you asking for an internal review, the Tribunal may be able to review the decision without waiting for the NDIA.
If the NDIA upholds the decision - or if the outcome is still unsatisfactory - the person can then apply to the ART for an external review.
How the ART Reviews NDIA Decisions
The ART conducts a merits review, meaning it looks at the facts, law, and evidence to decide what the correct and preferable decision should be.
During the review, the ART may:
Consider new evidence that was not available at the time of the original NDIA decision
Request additional information from the participant or the NDIA
Hold conferences, case management discussions, or hearings
Encourage early resolution where possible
The ART is designed to be less formal than a court, making it more accessible for people without legal representation.
Why ART Reviews Matter for NDIS Participants
ART reviews are an important safeguard within the NDIS. They help ensure that:
Participants have a voice when decisions impact their daily lives and wellbeing
NDIA decisions are transparent and accountable
Supports align with a participant’s individual needs and circumstances
For many people, the review process can lead to improved outcomes, such as increased funding, inclusion of previously declined supports, or clarification of how plans should be implemented.
Getting Support Through the Review Process
While individuals can represent themselves at the ART, many people choose to seek support. This may include help from:
Support Coordinators or Specialist Support Coordinators
Advocates or disability advocacy organisations
Legal or community legal services
Having the right support can make it easier to gather evidence, understand the process, and communicate how a decision affects day-to-day life.
If you’re unsure whether an NDIA decision can be reviewed or need help navigating the process, seeking advice early can make a significant difference.
