This fact sheet provides general information about representation when applying to the AAT to review a decision made by the NDIS.
1. Who can support you with the AAT review process?
Many applicants represent themselves in the review process at the AAT. Staff at the AAT can help you to understand our processes but cannot give you legal advice.
Read this fact sheet if you think you might need legal advice, help or other support with your application to the AAT.
Legal advice clinics
You may contact the AAT registry where you lodged your application for review and ask us to help you organise a free appointment with a Legal Aid lawyer in your state. Visit our website for the contact details for your local AAT registry: www.aat.gov.au/contact-us.
Legal Aid may not be able to represent you in your application, but they can give you advice about how to proceed with your application.
Disability advocate / non-legal representative
You can appoint an advocate registered with the Department of Social Services (DSS), someone with experience in the NDIS, or a trusted friend or family member.
The National Disability Advocacy Program provides independent advocates as a free service: National Disability Advocacy Program website.
A disability advocate or non-legal representative may (if you choose):
- receive correspondence on your behalf
- represent you at conferences and hearings
- assist you to gather evidence to support your case
- attend conferences on your behalf. If you are unable to attend a conference yourself, you must have discussed your matter with them beforehand and given them clear instructions about what you want them to say and do.
- A disability advocate or non-legal representative may not give you legal advice or do anything not listed above that a lawyer would normally do.
We encourage you to find an advocate / representative who is independent and will act in your best interests.
You should consider whether people and services who may receive funds from your plan might have a financial interest in the outcome of your review. This could be a conflict of interest and may affect whether they can act independently and in your best interests as your advocate or representative.
Appointing someone who has a personal interest in the outcome of your application may also affect how the AAT views any evidence they may give at a hearing.
If a service provider wishes to support you in your application, it may be more helpful if they provide a report as an expert witness.
Legal representative
You may choose to be represented by a lawyer, who will act on your behalf. If you decide to engage a lawyer you may be able to apply to Legal Aid to pay for a lawyer to represent you. Otherwise you will have to find and pay for a lawyer yourself.
Legal aid commissions provide a range of services, including information, legal advice and representation in courts and tribunals. Information and services including telephone advice are often free of charge.
National Legal Aid has links to the Legal Aid office in each State and Territory: For Individuals - National Legal Aid
A lawyer can provide you with legal advice about your matter. Legal advice is confidential information about your matter that can include:
- identifying the legal issues
- suggestions about further evidence you could get to support your case
- the strengths and weaknesses of your case
- the costs involved if your application proceeds to a hearing
- options for resolving your matter, either with or without a hearing.
You do not need to tell anyone about the legal advice you receive from your lawyer.
Support person
You may ask a trusted family member or friend to be your support person. You will still be representing yourself, but this person may support you through the review process.
Your support person can:
- help you understand the review process
- attend conferences and hearings with you
- help you apply for legal representation or to find a disability advocate.
Expert witness
It can be helpful to ask your treating doctors, therapists, support workers, support co-ordinator or other service providers to provide information to support your case. This information will be known as evidence.
An expert witness is someone who has special knowledge or experience about something. The AAT has guidelines for people giving evidence as an expert witness. Expert witnesses must be independent. An expert witness cannot act as an advocate for you or the NDIA.
Where to find assistance
AAT website
NDIS website
Disability advocates:
Disability Advocacy Finder | Ask Izzy.
National Disability Advocacy Program website.
Legal assistance:
National Legal Aid