Recently, it was announced that Australia’s system of administrative review is being reformed. The reform would end the Administrative Appeals Tribunal (AAT) and replace it with a new federal administrative review body sometime in 2023. So, how will this affect NDIS participants?
What is the AAT?
The AAT reviews decisions made by the Australian Government. This includes decisions made by ministers, departments and agencies, such as the NDIA.
For example, if an NDIS participant is unhappy with the outcome of an Internal review of decision, they could apply for an AAT review.
If the AAT makes a decision different to the one the NDIA has made, the NDIA will implement it. The AAT’s decision overrides that of the NDIA.
Abolishment of the AAT
In December 2022, it was announced that the AAT would be removed and that there would be a new federal administrative body sometime in 2023. This new system aims to be more efficient, accessible, independent and fair.
It will work towards faster resolution of existing cases and flexibility to respond to changing case numbers, among other reforms. You can read more about these reforms.
How will this impact NDIS participants?
- All cases currently with the AAT will continue
- All cases currently before the AAT will be decided or finalised before the new review system is finalised
- If you have applied to the AAT for a review of a decision, you don’t need to put in a new application.
You can find out more about the impact on cases currently before the AAT.
When will the changes take place?
It is anticipated that legislation for the new federal system of administrative review will come into effect in 2023.
Until then, things will remain the same. Decisions will still be reviewed first internally by the NDIA (if requested by you). The AAT is your next port of call if you are unhappy with the NDIA’s decision.
To stay informed, you can visit the AAT website.
FAQs
Can I still go to the Administrative Appeals Tribunal in the meantime?
Yes. At the moment the AAT is still receiving applications for decision reviews and will continue to do so until the new body is established. Any remaining cases will then move over to the new system when it’s established.
Can I apply to the new body for my case to be reviewed again?
No. If you’ve had a decision reviewed by the AAT previously, you can not apply to have it re-reviewed by the new federal administrative body.
