Legal Support When You Disagree With the NDIS
NDIS decisions are made under the law, and many of them can be reviewed. But the process can feel confusing, slow and stressful, especially when you are already managing a disability or caring for someone who is.
Our role is to stand on your side. We look at the decision, the reasons given and the evidence behind it, then give you honest advice about whether it can be challenged and how.
NDIS Decisions We Can Help You Challenge
Many NDIA decisions are reviewable under NDIS law. Common examples include decisions that:
- you are not eligible to join the NDIS
- you are no longer eligible and your access will end
- approve a plan that doesn’t fund the supports you need
- refuse to reassess or vary your plan
- vary your plan in a way you disagree with
- appoint a plan nominee or change a child representative
Not every NDIS decision can be reviewed, and the rules are changing as new NDIS laws take effect. We check whether your decision is reviewable and what options apply to you.
How an NDIS Decision Can Be Challenged
Most challenges follow a set path, and strict time limits apply at each stage:
- Internal review. You ask the NDIA to review its own decision. This step usually must happen before anything else.
- External review at the Administrative Review Tribunal (ART). If you still disagree after the internal review, you may be able to ask the ART to review the decision independently.
- Court proceedings. In some cases, a decision may be challenged in court through judicial review, usually where there is an error of law.
We can help at any stage, but getting advice early gives you the most options. Our NDIS Refusals page explains the internal review and appeal process in more detail.
How Our NDIS Lawyers Can Help
We can help you:
- understand why a decision was made and whether it can be challenged
- request an internal review and set out why the decision should change
- gather and present evidence about your disability and support needs
- prepare your application to the ART and represent you through the merits review process
- advise on judicial review where a legal error may have occurred
- communicate with the NDIA on your behalf, so you are not handling it alone
NDIS Worker Screening Check Refusals
If you work, or want to work, with NDIS participants, you may need an NDIS Worker Screening Check. A refusal or exclusion can stop you from working in the sector. These decisions are made by state and territory screening units, and the options for challenging them depend on where you live.
We can advise you on your options and help you respond. If you are also dealing with a Blue Card or Working with Children Check issue, see our Blue Card & WWCC Negative Notices page.
Who We Help
We act for people challenging government decisions, including:
- NDIS participants and people applying to join the scheme
- parents and carers of children with disability
- family members, nominees and guardians supporting a participant
- Workers facing NDIS Worker Screening Check refusals
We do not act for the NDIA.
How We Work
Step 1: Book a free consultation
[Confirm free consultations apply to NDIS matters.] Speak with us about the decision and get initial guidance.
Step 2: We listen and advise
We take the time to understand your situation and give you honest, practical advice about your options.
Step 3: You decide the next step
If you choose to move forward, we’ll guide you with a clear plan and support you from start to finish.
Why Choose Sambi Legal
On your side
We act for people challenging NDIS decisions, never for the NDIA.
Clear communication
We explain the process without confusing legal jargon.
Honest advice
We tell you what we think your options are, including when a challenge may not be worth pursuing.
Experience in government decision reviews
Our administrative law team works on tribunal and court reviews of government decisions.
Talk to an NDIS Lawyer Today
You don’t have to accept an NDIS decision you believe is wrong, and you don’t have to challenge it alone. Speak with us about your options and take the next step with confidence.
This page provides general information only and is not legal advice. NDIS laws and review processes change from time to time. Please contact us for advice about your situation.
NDIS Lawyer FAQs
Do I Need a Lawyer to Challenge an NDIS Decision?
No. You can ask for an internal review yourself, and you can apply to the ART without a lawyer. Many people choose legal help when the decision has a big impact on their life, the evidence is complex, or the matter is heading to the ART or court.
What Is the Difference Between an NDIS Advocate and an NDIS Lawyer?
Disability advocates can provide valuable support, and many advocacy services are free. A lawyer can give you legal advice about your rights, prepare legal arguments and evidence, and represent you in tribunal and court proceedings. Some people use both.
How Long Do I Have to Challenge an NDIS Decision?
Time limits apply at each stage, and some are short. The time usually starts from when you receive the decision in writing, so it’s important to get advice as soon as possible.
Can Every NDIS Decision Be Reviewed?
No. NDIS law sets out which decisions are reviewable, and some decisions can’t be reviewed. We can check your decision and tell you what options may be available.
Can You Help if My NDIS Plan Funding Was Cut?
Possibly. Some decisions that affect your plan can be reviewed, but others can’t. We can look at what was decided and whether it can be challenged. Read more in our article on appealing NDIS decisions.
Do You Help Clients Outside Brisbane and Melbourne?
Yes. NDIS decisions are made under Commonwealth law, and we support clients across Australia.
If you’re dealing with a legal issue and aren’t sure where to start, we’re here to help. Contact Sambi Legal today to arrange your free initial consultation. We’ll listen to your concerns, explain your options, and help you decide on the next steps.
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