Model Litigant Obligations and NDIS Appeals Report

Model Litigant Obligations and NDIS Appeals Report

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Model Litigant Report cover page

This submission raises issues about the experiences of NDIS participants at the Administrative Appeal Tribunal (AAT), specifically in relation to both the conduct of the National Disability Insurance Agency (NDIA) and the procedures of the Tribunal itself. 

In the context of unprecedented levels of external reviews to the AAT, we have seen a shift in the behaviour of the NDIA and their representatives. Often this fight is an unfair battle, as unrepresented individuals are confronted with adversarial behaviours from the agency and their legal representatives. The NDIA disproportionately holds the power, the resources, and is under no time pressure. To the contrary, the individual often has necessary disability supports withheld from them and little or no capacity to negotiate.