Dealing with the NDIS (shorthand for the NATIONAL DISABILITY INSURANCE SCHEME) can get complicated, fast. When it comes to NDIS DECISIONS, fairness and justice are paramount.
At Sambi Legal, our dedicated team of NDIS lawyers is committed to providing comprehensive legal services to help individuals and families navigate the complex process of addressing NDIS refusals. We offer expert legal advice, strategic advice, and unwavering support to ensure your rights are protected and upheld.
What Is An NDIS Refusal?
Dealing with the NDIS (shorthand for the NATIONAL DISABILITY INSURANCE SCHEME) can get complicated, fast. When it comes to NDIS DECISIONS, fairness and justice are paramount.
At Sambi Legal, our dedicated team of NDIS lawyers is committed to providing comprehensive legal services to help individuals and families navigate the complex process of addressing NDIS refusals. We offer expert legal advice, strategic advice, and unwavering support to ensure your rights are protected and upheld.
Appealing An NDIS Refusal
Generally, the best thing to do is to contact a legal professional as soon as possible after you receive a Refusal. We at Sambi Legal understand the importance of having a strong advocate for your rights and well-being throughout each stage of the NDIS appeals process.
We have represented clients in NDIS reviews and appeals proceedings, working collaboratively with them to ensure their views are heard, their rights are upheld, and they receive the supports and services they deserve. Our team is well-versed in the review process, emphasising the accessibility, non-adversarial nature, and support services available during the review of NDIA decisions.
When it comes to better understanding what pathways you may follow if you proceed with an Appeal, there may be several options available to you, including:
Merits Review
Appealing the Decision by requesting an independent review from the Administrative Review Tribunal (‘ART’). Before accessing the NDIS Appeals Program, individuals need to have already applied to the NDIA for an internal review and received an outcome.
Judicial Review
Seeking a judicial review through court proceedings.
Complaints Process
Lodging a complaint with the NDIA.
Early Dispute Resolution
Engaging in informal negotiation to resolve the dispute.
The Second Element: Intention
The second element of a binding contract is INTENTION. Essentially, intention refers to the requirement that the parties intended to be legally bound to the terms of the agreement; and that the nature of the agreement is not merely social.
In determining whether the parties had this intention, our office tends to start by considering the following factors comprehensively (although it’s important to remember that many other factors are often at play; and therefore may influence whether an agreement can be considered a Contract):
Subject Matter
What the agreement is and whether it is of high value.
Context
Whether the agreement was made socially or commercially.
Relationship
The relationship between the parties.
Status
The nature of the relationship, whether the parties are independent and have capacity.
Subsequent Conduct
Specifically, the conduct of the parties after the agreement has been made. This factor basically considers whether the parties, after forming an agreement, proceed to act in a way that suggests they considered that agreement to be legally binding after its formation.
Language
The type of language used to form the contract.
EXAMPLE
If your friend offers to help you do some housework in exchange for lunch and you both agree, there is unlikely to be any intention for it to be legally binding – even though an offer has clearly been made and accepted, and therefore satisfies the definition of an agreement.
Understanding The Appeals Process
The process of appealing an NDIS decision can be daunting, but understanding each step can help you feel more confident and prepared. Our team at Sambi Legal has worked to break down the process into manageable steps and provide you with clear guidance at each stage.
Internal Review
Before escalating to an external appeal, you must request an internal review from the NDIA.
This step involves asking the NDIA to reconsider their initial decision. Our lawyers can help you prepare a compelling case for this internal review, increasing the chances of a favourable outcome.
Merits Review at the ART
If the internal review does not result in a satisfactory outcome, the next step is to file an appeal with the Administrative Review Tribunal (‘ART’). This appeal will result in a MERITS REVIEW.
The ART will conduct the Merits Review, which means they will re-evaluate the decision based on the evidence and arguments presented.
If you engage Sambi Legal, our lawyers will help you prepare and submit the necessary documentation, represent you at the hearing, and advocate for your rights throughout the entire Merits Review process.
Judicial Review
In some cases, a JUDICIAL REVIEW may be necessary. This involves seeking a review of the Decision through Court proceedings.
Judicial Reviews are generally more complex than Merits Reviews, and require a thorough understanding of legal principles and procedures.
Our experienced lawyers are equipped to handle these cases and provide you with the legal support you need – and our Legal Practice Director specialises in Judicial Review, so you know you’re in the right hands.
Alternative Ways To Appeal An NDIS Refusal
Appealing through the review process outlined above can be daunting, and expensive… and often, unnecessary. There are alternative pathways to resolving your NDIS Decision, which experienced lawyers can also assist you with.
Complaints Process
Lodging a complaint with the NDIA can be an effective way to address issues without formal appeals. Our team can assist you in drafting and submitting a complaint, ensuring that your concerns are clearly articulated and supported by evidence.
Early Dispute Resolution
Engaging in informal negotiations to resolve disputes can often lead to quicker and less adversarial outcomes. Our lawyers can facilitate these negotiations, helping you reach a resolution that meets your needs without the need for a formal hearing.
Ultimately, your legal journey must be your legal journey. We recommend reflecting on your goals and motivations in appealing the Decision, to assist you in identifying the best approach for you.
Speak with a member of our team for free, and get a better understanding of your situation, by contacting us today.
