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Complaints & Help – NDIS

Picture of two middle aged people in wheelchairs chatting

ADA Australia Speak-up series

ADA Australia’s speak-up guides include guidance for what to do when – you can’t access the NDIS, or are not getting the right or enough NDIS supports.

NDIS Toolkit – Advokit

DANA (Disability Advocacy Network Australia) has developed a website full of information about interacting with the NDIS. Including sections on: becoming a participant, plans, privacy, rights, supports and services, decision making, review and complaints and legislation.

Website: www.advokit.org.au

Disability Support Guide

Backed by Australia’s leading independent aged care information provider, DisabilitySupportGuide.com.au is Australia’s first multiplatform online disability information resource empowering people with a disability and their families to make informed support decisions.

Search by Registered Providers, Non-Registered Providers, Service Type, Support Category or Suburb to find the best provider to suit your needs.

Learn about the different services available, understand the NDIS, find out how funding works and what costs are involved. Prepare for your planning meeting and consider the questions you should ask.

Website: www.disabilitysupportguide.com.au

Service Provider Complaints under the NDIS

It is always best to try and resolve issues you may have with your service provider directly with them. Often they will have a complaints process for you to follow on their website or in the information provided to you when you first started the service. An advocacy organisation can assist you with this.

If you are not happy with the result of dealing directly with the service provider you can talk to the NDIS Quality and Safeguards Commission (NDIS Commission). They manage complaints about whether an NDIS funded service has been provided in a safe way and to an appropriate standard, and how an NDIS provider has dealt with your complaint. You can contact the NDIS Commission on Phone: 1800 035 544 or go through the Website: www.ndiscommission.gov.au.

LAC (Local Area Coordinator) or other NDIA Staff Complaints

Complaints about the National Disability Insurance Agency (NDIA) or their partners must be lodged directly with the NDIA.  Phone: 1800 800 100, or go through the Website: https://www.ndis.gov.au/contact/feedback-and-complaints

NDIS Plan or NDIA Decision Complaints

If you are unhappy with a decision about your plan that has been made by the NDIA (National Disability Insurance Agency) there are a few steps you can take to seek a resolution.

Step 1 – Apply for a review

You can submit an application for a review of the decision. The request for review must be made within 3 months of receiving notice of the decision. Only some type of decisions can be reviewed, these include:

  • access to the scheme
  • the provision of reasonable and necessary supports
  • appointment of a nominee; or
  • recognition of parental responsibility

There are a few ways you can apply for a review:

Or you can write your own submission covering the following topics:

Part A – Applicant information

Part B – About You

Part C – What are the grounds for this review?

  • What is your request for review about?
  • Why do you want the decision reviewed?
  • When was the decision made?
  • How has it affected you?
  • What outcomes are you seeking?

Part D – Further Information – Attach supporting information

For further details please click here

Step 2 – Still unhappy with the outcome of an internal review of an NDIA decision?

You may apply for review of an NDIA/NDIS decision from the Administrative Appeals Tribunal (AAT) – note you must first review the decision internally as outlined above before applying to the AAT. The application must be made within 28 days after receiving the decision from NDIA.

For further details on how to make an application please click on the link: http://www.aat.gov.au/applying-for-a-review/national-disability-insurance-scheme-applicants

Phone: 1800 228 333

Fax: 07 3052 3001

Step 3 – Unhappy with the way your complaint was handled by the NDIA?

If you are unhappy with the way your complaint is handled, you can contact the Commonwealth Ombudsman on 1300 362 072.  To make a complaint use the online form https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=oco-complaint-form

Help for making NDIA and NDIS Complaints

Several organisations are funded to help support people who are having problems with the NDIA/NDIS. They may offer free advocacy.

You can contact:

There are other advocacy organisations you may contact if you wish to have a decision made by the NDIS reviewed:

There are also various independent organisations which may be able to assist you:

It is always best to check with a Community Legal Centre or disability advocacy organisation to find out what options you have in getting legal advice.

Disability Law Qld may be able to assist with NDIS matters.

Phone: (07) 3622 1250

Website: www.dlq.org.au

Address: 40 Finsbury Street, Newmarket, Qld.

Discalimer: Every effort is made to ensure that the information provided in this guide is correct. ADA Australia and Legal Aid Queensland accept no responsibility for any liability that may arise from the use of the information provided in this guide.