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Applying for the NDIS

The NDIS is administered by the NDIA. The NDIA determines who is eligible to receive assistance under the scheme and in accordance with the National Disability Insurance Scheme Act 2013 (Cth) ('NDIS Act'), the National Disability Insurance Scheme Rules, and the National Disability Insurance Scheme Guidelines. The NDIS scheme is now fully operational across Australia (as at 1 July 2020).

A person (or someone acting on their behalf) wishing to join the NDIS can complete an Access Request Form and provide it to the NDIA [NDIS Act s 18]. An access request form can be obtained from a Local Area Coordinator or on the NDIS – What is an Access Request Form? website.

As part of the application process, evidence of a person’s identity will be required along with evidence of their disability [see NDIS Act s 19; NDIS Guidelines: Do you meet the disability requirements].

Specific forms may be sent to applicants to assist with gathering this information, and after receiving an Access Request Form the NDIA may request further information in order to process the application. Any requested information must be provided within 90 days [s 26]. The NDIA may also require the applicant to undergo a medical examination or assessment [s 26(1)].

It may be that medical evidence from different treating practitioners is required to show evidence of disability. A person who requires assistance with collating evidence can contact a Local Area Coordinator. These are local agencies and services that the NDIA have partnered with to assist with understanding and accessing the NDIS. For information and contact details of Local Area Coordinators, visit the NDIS website or contact the NDIS on 1800 800 110.

The NDIA has produced a comprehensive guide to assist applicants in gathering evidence to prove their disability available on the NDIS - Providing evidence of your disability webpage.

Once the NDIA has completed the assessment of a person’s Access Request Form and related documents, the person must be notified in writing of the outcome and, if approved, that notice must include the date on which the person has become eligible for the scheme [s 28(2)]. A person who is not eligible to receive assistance under the NDIS may be able to access support elsewhere, and they must be advised of their review rights in relation to their access refusal and, for decisions made on or after 8 April 2022, the reasons for the refusal [s 100(1)].

A formal review can be sought of the access decision [s 99(1)(a)] – see Review of NDIA decisions.

A person who has had an access request denied is not prevented from making a further request at a later time as long as they still meet the general eligibility criteria. However, if the decision to refuse an access request is under internal or external review, a second request cannot be made while the review is ongoing [s 19(2)].

Applying for the NDIS  :  Last Revised: Wed May 4th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.