The NDIS Commission regulates the safety and quality of supports and services funded by the NDIS. This includes making decisions on applications to be a registered NDIS provider, approved quality auditor applications, and compliance and enforcement actions.
You can ask us to review some of these decisions if you believe they are wrong. This is called an internal review.
Asking us to review a decision
When you request an internal review, we will check if we made the right decision. This internal review is carried out by someone at the NDIS Commission who wasn’t involved in making the original decision.
You must request an internal review within 3 months of receiving a written notice of the decision.
Sections 99 to 102 of the NDIS Act gives more information about your right to request a review.
The original decision will continue to be valid while the review process takes place. Requesting an internal review does not stop or ‘stay’ the original decision.
For example, if you ask us to review our decision to give you a banning order, you will continue to be banned while we do the review.
Decisions that can be reviewed
Not all NDIS Commission decisions can be reviewed through an internal review.
- If you’re concerned with how we handled a complaint about a provider or worker, see After you report an issue or make a complaint: If you disagree with our decision.
- If you’re concerned about the NDIS Commission or our staff, see Complaints about the NDIS Commission.
- If you want a review into a decision about an NDIS plan or funding within an NDIS plan, please contact the National Disability Insurance Agency (NDIA).
You can ask us to review these decisions
NDIS registration decisions:
- refusing an application to be a registered provider
- adding conditions to a provider’s registration
- varying, or refusing to vary, an NDIS provider’s registration
- suspending a provider’s registration
- revoking a provider’s registration
- not revoking a provider’s registration.
Compliance notices:
- giving an NDIS provider a compliance notice
- varying a compliance notice
- revoking a compliance notice.
Banning orders
- issuing a banning order
- revoking or not revoking a banning order
- varying, or refusing to vary, a banning order.
Approved quality auditors
- refusing an application to be an approved quality auditor
- adding conditions to a quality auditor’s approval
- changing a quality auditor’s approval
- revoking approval for a quality auditor.
Who can request an internal review?
Anyone who is directly affected by the decision can ask for an internal review.
This may include:
- the provider or worker that received the notice of decision,
- key personnel of a provider or company, or
- a worker or company affected by the decision.
You can give someone else permission to request a review for you. You’ll need to let us know they have your permission. Please be aware the internal review process often involves sensitive and confidential information that your representative will see.
You don’t need a lawyer to request a review, but you can use one if you prefer.
What to include in a request for review
Before you ask for an internal review, carefully read the notice of decision and statement of reasons you received. Consider the specific parts of the decision you disagree with and what new information you want us to know. This information will help us review the decision effectively.
In your request, you should:
- state the decision that you want reviewed
- provide new information you think we need to take into consideration during the review
- provide any other information that supports your request
- when someone is making the request on your behalf, include a signed statement giving them permission to represent you.
When you contact us via email, mail, or phone, you’ll need to make sure this information is included.
Request an internal review
You can request an internal review via email, mail or phone.
Phone
Contact us on 1800 035 544 or using any of the other options listed at Contact us.
Send your request and any supporting evidence to:
Director, Assurance Unit
Internal Review Team
NDIS Quality and Safeguards Commission
PO Box 210
Penrith NSW 2750
Withdrawing your request
You can withdraw your request for an internal review at any time before we make a decision. You can do this via email, phone, or in writing.
The review process
The NDIS Commission will make a decision within 90 days of receiving your request. In that time:
1. We’ll check if your request can be accepted
We may ask for further information about your request, including when someone else is representing you.
2. We’ll let you know that we’ve received your request
Once we know your request meets the requirements as set out in the NDIS Act, we’ll send you an acknowledgement notice. This notice will include a deadline for you providing any additional information to support your request.
3. We’ll consider the decision again
A person who wasn’t involved in making the original decision will complete the internal review.
The reviewer will assess the information the NDIS Commission holds and any further information you provide.
4. We’ll let you know the outcome
We’ll write to you and let you know the outcome, which will be one of three possible decisions:
- confirm the original decision (not make any changes)
- vary the original decision (make some changes to the original decision)
- set aside the original decision and make a new decision.
What if I don’t agree with the outcome of the internal review?
You can only request one internal review into a decision.
If you don’t agree with the outcome of the review, you can apply to the Administrative Review Tribunal (ART) for a review of the NDIS Commission’s decision.
You must make your application to the ART within 28 days of receiving the notice of the review decision.
Learn more about applying to the ART for a review or call 1800 228 333.
If you have any concerns about how we managed the internal review, you can provide feedback or make a complaint.