The NDIS Appeals service assists all people who are unhappy with a decision the NDIS has made, not just those with an ABI, across South Australia and the Barkly region of the Northern Territory.
We can assist people in challenging any reviewable decision made by the NDIA, three of which include: being refused access to the scheme, not receiving enough money for supports in their NDIS Plan, and revocations of access.
Nationally, the volume of cases going to the Administrative Appeals Tribunal (AAT) exploded in the 2021–2022 financial year. The AAT found that cases increased by 244% compared to 2020–2021.
During this period, our NDIS Appeals team supported 48 new clients and 41 existing clients to appeal their decision.
Due to the demand at the tribunal, this has unfortunately reduced our capacity to assist people through internal reviews. This is an increase in numbers from 2020–2021 and reflects both a growing awareness of people’s right to appeal decisions, as well as greater reductions in funds from the Agency.
While the NDIA are working through disputes quicker than they previously were, we are finding that the quality of their decisions has declined. At internal review stage, inadequate attention is given to expert reports and the Agency seem unwilling to depart from the original decision. This means people are having to go to the Administrative Appeals Tribunal to resolve simple matters that could likely have been settled much earlier.
Pre-existing issues with the NDIS, like their insistence that some supports be provided by the health or school systems, continues to complicate matters. AAT matters are still taking upwards of 6 months to resolve, and the amount of evidence required appears ever-growing. Due to this demand, the Appeals service started to offer fortnightly Information Sessions held online.
Brain Injury SA’s Appeals Officers have also assisted in a number of complex and novel cases, including supporting in successful matters relating to unique pieces of assistive technology, transport funding for children with disabilities, supported accommodation, and seeking access for psycho-social disabilities.
In the last year, the Appeals team has also assisted in BISA’s systemic advocacy efforts. We have made submissions to the Joint Standing Committee and Parliamentary Inquiries. We work collaboratively with other agencies across the country to bring light to systemic issues faced in appeals.
From the Archives: Time for Change
BISA’s history is testament to the fact that advocacy brings about change.
Not necessarily straight away, and not necessarily always, but as an organisation we can give thanks to those who came before us who put in time and effort to fight for its existence.
Our archives have many articles on the early fight to ensure people with brain injury had access to services that understood and met their needs, and that supported families.
In this thirtieth year edition, BISA gives thanks to all those whose advocacy created the existence of Brain Injury SA for the brain injury community, with particular reference to the work of Dawn Brooks, who also led the organisation once established as Executive Officer for a number of years.
