The National Disability Insurance Scheme (NDIS) is administered by the National Disability Insurance Agency (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), the National Disability Insurance Scheme Rules, and the NDIS Guidelines.
To apply for the NDIS, an applicant (or a person on their behalf) may complete an access request form and provide it to the NDIA [s 18]. Access request forms are available to download from the NDIS website – What is an Access Request Form?. An applicant may also receive support to apply for the NDIS through an NDIS partner. See the NDIS website – What is an NDIS partner? for more information.
When applying for the NDIS, the applicant must demonstrate their eligibility for support through proof of their identity and evidence of their disability [s 19; see NDIS Guidelines – Eligibility].
Specific forms may be sent to applicants to help gather this information, and, after receiving an access request form, the NDIA may request further information to process the application. Applicants must usually provide any requested information within 90 days [s 26(3)]. The NDIA may also require the applicant to undergo a medical examination or assessment [s 26(1)].
Medical evidence from different treating practitioners may be needed to show evidence of disability. An applicant who needs help collating evidence can contact an NDIS partner (also known as a local area coordinator). See the NDIS website – What is an NDIS partner? or call 1800 800 110 for more information.
The NDIA has produced a comprehensive guide to help applicants gather evidence to prove their identity and disability, available on the NDIS – Gathering evidence webpage.
Once the NDIA has assessed an applicant's access request form and supporting documents, the applicant must be notified in writing of the outcome [s 28]. If approved, that written notice must include the date on which the person has become eligible for the scheme as well as whether they meet the disability requirements, the early intervention requirements, or both [s 28(2)].
New participants must also receive an impairment notice setting out the categories of impairments or developmental delay that meet the requirements[s 32BA].
A person who is not eligible to receive assistance under the NDIS may be able to access support elsewhere, and they must be told of their review rights in relation to their access refusal and the reasons for the refusal [s 100(1)].
An access decision may be formally reviewed [s 99(1)(a)]. For more information, see Review of NDIA decisions.
A person who has had an access request denied (or whose status as a participant is revoked) is not prevented from making a further request at a later time as long as they 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)].