Complaints and Reviews
COMPLAINTS - NDIS Quality and Safeguards Commission
The NDIS Quality and Safeguards Commission is a new independent agency established to improve the quality and safety of NDIS supports and services who will work with NDIS participants, service providers, workers and the community to introduce a new nationally consistent approach so participants can access services and supports that promote choice, control and dignity.
From 1 July 2019, the NDIS Quality and Safeguards Commission will start managing quality and safeguards in Queensland. Until then, Qld's current requirements for quality and safeguards will continue to apply.
The links below may be helpful.
Links for Queensland
Queensland's Quality & Safeguards System Factsheet
Queensland Ombudsman
Telephone: 07 3005 7000, or 1800 068 908 (outside Brisbane metro)
Website: ombudsman.qld.gov.au
Fair Trading Queensland
Telephone: 13 74 68
Website: qld.gov.au/law/fair-trading
Commonwealth Ombudsman
Telephone: 1300 362 072
Email: ombudsman@ombudsman.gov.au
Website: ombudsman.gov.au
INTERNAL REVIEW OF A DECISION
If you think a decision made by the National Disability Insurance Agency (NDIA) about you is wrong, you can submit an application for internal review of a decision. Any person directly affected by a decision of the NDIA can request such a review.
There is a list of reviewable decisions in the NDIS legislation. Many decisions made by the NDIA are reviewable, including things like being accepted as a participant, the provision of reasonable and necessary supports, and becoming a registered provider of supports.
When you are told about an NDIA decision, you will be told how to request an internal review. A request for internal review of a decision must be made within three months of receiving notice of the decision from the NDIA. The staff member who works on the internal review will not have been involved in the earlier decision. They may want to talk to you directly as part of this process.
Further information on Internal Review can be found here:
https://www.ndis.gov.au/applying-access-ndis/how-apply/receiving-your-access-decision/internal-review-decision
IAT's What to Do Information Booklet - Easy Read
NDIS APPEALS and Independent Expert Review Programs
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). An important mechanism to ensure that decisions are fair and robust. This support is not available to service providers.
To find out more about the Appeals process please contact us or visit the NDIS APPEALS page on the Department of Social Services website https://www.dss.gov.au/disability-and-carers/programs-services/for-people-with-disability/ndis-appeals
Independent Expert Review ("IER") is a pilot program launched in late 2022. The IER is a free, voluntary and confidential process that will be conducted within the current legislative requirements of the NDIS Act and Rules. The Department of Social Services is funding advocacy and legal support for NDIS participants who are invited to have their AAT appeals case considered through the Independent Expert Review program.
The Independent Expert Review program involves an Independent Expert reviewing a matter that a participant has already sought to have reviewed externally (an external review of an NDIA decision).
- An Independent Expert will review the matter and may meet with the participant in the process.
- The Independent Expert will make a non-binding recommendation as to the appropriate outcome of the matter.
The Independent Experts are independent from both the NDIA and the participant. They are people with experience of the disability sector and the NDIS, and have experience in mediation and conciliation processes. The Independent Experts will provide an independent, informed and unbiased opinion on an appropriate outcome to resolve the matter. Importantly, they will not have been involved in the matter that will be referred to them.
You can learn more about the IER on the NDIS website by clicking on the link https://www.ndis.gov.au/about-us/legal-matters/improved-approach-dispute-resolution
As a funded NDAP organisation, Independent Advocacy in the Tropics Inc, is currently able to provide NDIS Appeals and Independent Expert Review support in:
> Burdekin Shire
> Cassowary Coast Region (Innisfail, Johnstone, Tully)
> Charters Towers Region
> Flinders Shire
> Hinchinbrook Shire
> Mackay / Isaac / Whitsunday Regions
> Mckinlay Shire
> Palm Island Shire
> Richmond Shire
> Townsville
Administrative Appeals Tribunal
A person who is not satisfied with a decision made by NDIA can apply to have the decision reviewed by the Agency in an internal review. If the participant is still dissatisfied with a decision following an internal review, they can then apply to the Administrative Appeals Tribunal (AAT) - link is external.
An application for an AAT review must be made within 28 days, but extensions can be granted.
How will the AAT process work?
The AAT, in preparing to undertake reviews in this new subject area, established a new Disability Division made up of members who have expertise and experience interacting with people with disability. The AAT will seek access to all relevant papers from NDIA and NDIA also makes sure that copies are provided to the applicant.
Case Conference
The AAT will run case conferences in person or by telephone in a casual setting and focus on open conversation and participation. The AAT has a broad range of alternative dispute resolution (ADR) possibilities. All applications are considered in one or more early conferences where the matters under review are discussed along with the best way of dealing with the application. Many applications are settled at conference.
An application that does not settle in conference may be referred for mediation, conciliation or another form of ADR. In an appropriate case the application is referred to be listed for a hearing.
AAT Hearings
In an AAT hearing the expectation is that the applicant will not require legal representation, however the applicant can be assisted by one or more support persons. Other people may give evidence to the AAT in support of the applicant’s case. The AAT usually hands down a decision with full reasons within four weeks of the hearing. The AAT may affirm, vary or set aside the decision under review.
Need Assistance?
We are here to help you so call us on 1800 887 688 or email appeals@ianq.org.au for assistance and our specialist Advocates will be happy to speak with you. You can also visit the NDIS Appeals webpage.
For support providers or a person working within the disability sector and you wish to refer a client for assistance with an appeal to the AAT you can email us at appeals@ianq.org.au
Tribunal Information:
Feedback and Complaints - https://www.dss.gov.au/contact/feedback-compliments-complaints-and-enquiries/complaints-page