Guideline 9 – NDIS administrative appeals

Guideline 9 – NDIS administrative appeals

Victoria Legal Aid (VLA) may provide a grant of legal assistance to a person for representation in a National Disability Insurance Scheme (NDIS) matter in the Administrative Appeals Tribunal (AAT) where the applicant is either:

  • an NDIS participant seeking review of decisions of the National Disability Insurance Agency (NDIA), or
  • seeking review of NDIA decisions refusing their participation in the NDIS.

In determining whether to provide a grant of legal assistance, VLA must be satisfied that:

  • there is a significant likelihood that legal representation will lead to wider community benefit, or
  • the applicant is experiencing disadvantage and would likely realise a substantial benefit from legal representation.
  • the matter meets the Commonwealth merits test.

Applications assessed under this guideline do not need to meet the means test but are subject to VLA's standard terms and conditions.

Funding source and availability

The Commonwealth Government funds VLA to provide grants of legal assistance for NDIS appeals to the AAT. Funding for this guideline is separate to the general Legal Aid Fund. Applications are assessed having regard to the Department of Social Services' Guidelines for the assessment of applications for NDIS Appeals legal services funding. Representation is provided by VLA lawyers and is subject to the availability of Commonwealth funds allocated for this purpose.

Documentary requirements

Applicants applying under this guideline should provide us with:

  • completed NDIS Appeals Legal Services application form
  • copy of the application for an internal review made to the NDIA
  • copy of the NDIA internal review decision
  • copy of the application to the AAT
  • any other supporting documentation, such as a copy of the T-documents.

Costs payable

Please see Table CC – Lump sum fees for NDIS administrative appeals for applicable fees payable.