The NDIS Participant Service Guarantee (PSG) sets legally binding timeframes for NDIA decisions, ensuring participants receive timely responses on access requests, plan approvals, plan reviews, and other critical decisions. As an NDIS participant, you also have fundamental rights to choice, control, dignity, safety, and the ability to complain without retaliation.

This guide explains the Participant Service Guarantee timeframes, your rights as a participant, the complaint and appeals process, and what to do when things go wrong.

What is the Participant Service Guarantee?

The Participant Service Guarantee is a legislated commitment by the NDIA to make decisions within specified timeframes.

Purpose:

  • Provide certainty to participants and families about how long processes will take
  • Hold NDIA accountable to service standards
  • Enable participants to plan with confidence
  • Create consequences when NDIA fails to meet timeframes

Legislative basis:

  • National Disability Insurance Scheme Act 2013
  • National Disability Insurance Scheme (Participant Service Guarantee) Rules 2021

Reporting: The NDIA must publicly report performance against PSG timeframes in quarterly reports to disability ministers.

Participant Service Guarantee Timeframes

Access Decisions

Timeframe: 21 days

From the date NDIA receives your access request, they must decide whether you meet NDIS eligibility criteria.

Decision types:

  • Access granted (you become an NDIS participant)
  • Access denied (you do not meet criteria)
  • Request for more information (pauses the clock until received)

What counts as receiving your access request:

  • Complete Access Request Form submitted
  • All required evidence attached
  • Identity documents provided

21 days starts when NDIA has all required information.

Plan Approvals (First Plan)

Timeframe: Up to 90 days

From access decision to receiving your approved plan.

Breakdown:

  • Planning conversation scheduled: Within 28 days of access decision
  • Plan approved and sent to you: Within 90 days of access decision

Factors affecting timeframe:

  • Complexity of needs
  • Availability for planning meeting
  • Need for specialist assessments
  • Review of quotes or evidence

Most plans approved within 50-70 days in practice.

Plan Reviews (Scheduled)

Timeframe: Up to 120 days

From scheduled review date to receiving your new approved plan.

Breakdown:

  • Planning conversation scheduled: Within 50 days of review due date
  • Plan approved and sent to you: Within 120 days of review due date

120 days can be extended if:

  • Requesting significant changes requiring assessments
  • Complex needs requiring specialist input
  • Quotes or evidence gathering takes time

Unscheduled Plan Reviews

Timeframe: Up to 100 days

From requesting an unscheduled review to receiving decision on whether to conduct the review.

If review granted:

  • Additional time to complete review and approve new plan
  • Similar to scheduled review process

If review denied:

  • Written reasons provided
  • Can request internal review of denial

Nominee Appointments and Cancellations

Timeframe: 14-21 days

  • Appointing a nominee: Within 14 days of receiving complete application
  • Cancelling a nominee (at participant or nominee request): Within 21 days of request

Providing Your Plan

Timeframe: 2 business days

After plan is approved, NDIA must provide you a copy within 2 business days.

Format options:

  • Electronic (email or myplace portal)
  • Paper copy (mailed)
  • Accessible format (large print, audio, Easy Read)

What Happens When NDIA Exceeds Timeframes?

If NDIA exceeds Participant Service Guarantee timeframes:

Step 1: Contact NDIA

Call 1800 800 110 and ask:

  • Status of your request/decision
  • Reason for delay
  • Expected timeframe for decision
  • Whether there’s anything you need to provide

Often delays are due to:

  • Waiting for information from you
  • Need for specialist assessments
  • High volume of requests
  • Staff resourcing issues

Step 2: Lodge a Formal Complaint

If no reasonable explanation or excessive delay:

Complaint channels:

  • Phone: 1800 800 110 and ask for complaints team
  • Online: ndis.gov.au/contact/feedback-and-complaints
  • Email: [email protected]
  • Mail: NDIA Complaints, GPO Box 700, Canberra ACT 2601

Include in complaint:

  • Your details (name, NDIS number)
  • What decision is delayed
  • Date you expect decision (based on PSG timeframe)
  • Impact of delay on you
  • What you want NDIA to do

NDIA must:

  • Acknowledge your complaint within 2 business days
  • Investigate and respond

Step 3: Escalate if Needed

If NDIA doesn’t resolve:

  • Request escalation to senior staff
  • Contact Commonwealth Ombudsman (complaints about NDIA): 1300 362 072
  • Seek independent advocacy support

For access or plan decisions specifically:

  • Request internal review (if formal decision made)
  • Contact AAT if internal review doesn’t resolve

Remedies for Breach of PSG

What you might achieve:

  • Expedited decision
  • Apology
  • Improved process for future
  • In some cases, compensation (rare, requires legal action)

NDIA accountability:

  • Breach of PSG can be raised in AAT appeals
  • Public reporting of PSG performance creates political pressure
  • Commonwealth Ombudsman can investigate systemic issues

Your Rights as an NDIS Participant

The NDIS Participant Service Charter

The Participant Service Charter sets out your rights when interacting with NDIA.

You have the right to:

1. Be Treated with Dignity and Respect

  • Respectful communication
  • Cultural sensitivity
  • Recognition of your individual circumstances
  • No discrimination based on disability, age, gender, culture, religion, sexuality

2. Choice and Control

  • Choose your own providers
  • Decide how to use your funding
  • Self-manage, plan-manage, or NDIA-manage your plan
  • Change providers if unhappy
  • Participate in planning and decision-making

3. Privacy and Confidentiality

  • Your information kept secure
  • Information only shared with your consent (except legal requirements)
  • Access to your own NDIS records
  • Correction of incorrect information

4. Access Information

  • Understand NDIS processes and timeframes
  • Receive decisions in writing with reasons
  • Access your plan and budget details
  • Know how to complain and appeal

5. Independent Advocacy

  • Seek support from advocates
  • Have someone assist you in meetings and processes
  • Access free advocacy services
  • Not be prevented from using advocates

6. Complain Without Retaliation

  • Lodge complaints about NDIA or providers
  • Not be treated worse for complaining
  • Fair investigation of complaints
  • Feedback on complaint outcome

7. Freedom from Abuse, Violence, and Neglect

  • Safe provision of supports
  • Protection from abuse by providers
  • Report incidents and have them investigated
  • Access crisis supports if needed

8. Access Your NDIS Records

You can request:

  • Your NDIS file and records
  • Planning documents
  • Assessments and reports
  • Decision-making records

NDIA must provide within 30 days.

Freedom of Information (FOI):

  • More formal process for comprehensive records
  • Can request documents about how decisions were made
  • Some exemptions apply (e.g., third-party information)

The Complaints Process

When to Complain

Reasons to lodge a complaint:

  • NDIA exceeded Participant Service Guarantee timeframes
  • Poor service or communication
  • Disrespectful treatment
  • Incorrect information provided
  • Errors in your plan
  • Failure to respond to requests
  • Discrimination or unfair treatment

Complaints vs Reviews:

  • Complaint: About service quality, process, or how you were treated
  • Internal review: To challenge a specific decision (access, plan funding)

How to Lodge a Complaint

1. Contact NDIA Complaints Team

Phone: 1800 800 110 (9am-5pm weekdays)

Online: ndis.gov.au/contact/feedback-and-complaints

Email: [email protected]

Mail: NDIA Complaints, GPO Box 700, Canberra ACT 2601

2. Provide Details

Include:

  • Your name and NDIS number
  • What you’re complaining about
  • When it happened
  • How it affected you
  • What you want NDIA to do
  • Any supporting documents

3. Acknowledgment

NDIA must acknowledge your complaint within 2 business days.

4. Investigation

NDIA investigates:

  • Review the issue
  • May contact you for more information
  • Assess what went wrong
  • Determine resolution

5. Response

NDIA provides outcome:

  • Explanation of what was found
  • Apology (if warranted)
  • Actions taken to resolve
  • Changes to prevent recurrence

Timeframe: Usually 15-30 days, complex complaints may take longer.

If Complaint Not Resolved

Escalation options:

1. Commonwealth Ombudsman

  • Independent reviewer of government agencies
  • Can investigate NDIA complaints
  • Phone: 1300 362 072
  • Website: ombudsman.gov.au

2. NDIS Quality and Safeguards Commission (for provider issues)

  • Phone: 1800 035 544
  • Website: ndiscommission.gov.au

3. Disability Discrimination Commissioner (for discrimination)

  • Part of Australian Human Rights Commission
  • Phone: 1300 656 419
  • Website: humanrights.gov.au

4. Your local member of parliament

  • Can raise issues with NDIS Minister
  • May advocate on your behalf

Internal Reviews: Challenging NDIS Decisions

If you disagree with an NDIS decision, you can request an internal review.

What Decisions Can Be Reviewed

Reviewable decisions:

  • Access decision (granted or denied)
  • Plan approval (funding amounts, supports included)
  • Plan review decision (changes to funding)
  • Nominee appointment or refusal
  • Statement of participant supports

Non-reviewable (must complaint or AAT):

  • Service quality issues
  • Delays in decision-making
  • Communication or process complaints

How to Request Internal Review

Timeframe: You have 3 months from the decision date.

Methods:

  • Phone: 1800 800 110
  • Online: myplace portal
  • Email: [email protected]
  • Mail: NDIA, GPO Box 700, Canberra ACT 2601

State:

  • You want to request an internal review
  • What decision you’re challenging
  • Why you disagree
  • What you want changed

Internal Review Process

1. NDIA acknowledges request

2. Review conducted by different NDIA staff (not involved in original decision)

3. Reviewer considers:

  • Original decision and reasons
  • Evidence and assessments
  • Your arguments for change
  • NDIS legislation and rules

4. Decision made:

  • Affirm original decision (no change)
  • Vary the decision (partial change)
  • Set aside and substitute (completely change)

5. Written reasons provided

Timeframe: 60 days (can be extended to 90 days in complex cases)

After Internal Review

If you disagree with internal review outcome:

  • Appeal to Administrative Appeals Tribunal (AAT)
  • Must do within 28 days of internal review decision
  • Free to appeal
  • Can have representative or advocate
  • Independent merits review

Administrative Appeals Tribunal (AAT)

The AAT provides independent review of NDIA decisions after internal review.

What is AAT?

Independent tribunal that:

  • Reviews government decisions
  • Conducts hearings
  • Makes binding decisions
  • Can affirm, vary, or set aside NDIA decisions

AAT reviews on the merits - they consider what the right decision should be, not just whether NDIA followed process.

How to Appeal to AAT

1. Ensure you’ve completed internal review first

2. Lodge AAT application within 28 days of internal review decision

Application:

  • AAT website: aat.gov.au
  • AAT Registry offices
  • Phone: 1800 228 333

3. No application fee for NDIS appeals

4. Gather evidence:

  • Medical reports
  • Functional assessments
  • Quotes for supports
  • Expert reports
  • Participant impact statements

5. Hearing process:

  • Informal (not like a court)
  • You can attend or have representative
  • NDIA representative will attend
  • Member hears both sides
  • Can ask questions

6. Decision:

  • Written decision with reasons
  • Binding on NDIA
  • Can take 6-18 months (varies widely)

Free representation available:

  • National Disability Advocacy Program (NDAP)
  • Legal Aid (in some states)
  • Community legal centers
  • Pro bono lawyers

Contact:

  • National Disability Advocacy Program: 1800 818 338
  • Your state Legal Aid

Recent AAT Wins for Participants

March 2026: Lee Eastham v NDIA (Federal Court)

  • NDIA ordered to fund mobility scooter after denying request
  • Strengthens participant rights to AT funding
  • Important precedent for appeals

Other significant decisions:

  • Forcing NDIA to fund intensive early intervention for autism
  • Overturning access denials for psychosocial disability
  • Increasing plan funding for complex needs
  • Funding home modifications initially denied

NDIS Quality and Safeguards Commission: Provider Complaints

For complaints about NDIS providers (not NDIA), contact the NDIS Quality and Safeguards Commission.

What the Commission Handles

Provider-related issues:

  • Poor quality services
  • Unsafe supports
  • Abuse, neglect, or exploitation
  • Provider breaches of practice standards
  • Restrictive practices not properly authorized
  • Provider registration issues

Phone: 1800 035 544

Website: ndiscommission.gov.au

Online: Complaint form on website

Commission Powers

Can:

  • Investigate providers
  • Require providers to take corrective action
  • Issue compliance notices
  • Suspend or cancel provider registration
  • Ban individuals from NDIS work
  • Prosecute serious breaches

Your Rights When Things Go Wrong

Right to Emergency or Crisis Support

If you’re in crisis:

  • NDIS must provide urgent supports
  • Can request emergency plan variation
  • Access crisis accommodation if needed
  • Get immediate safety supports

Crisis examples:

  • Unsafe living situation
  • Breakdown of supports
  • Immediate risk of harm
  • Homelessness

Contact: NDIA 1800 800 110 and state it’s an emergency

Right to Continuity of Supports

If your plan is delayed:

  • You can continue using supports under previous plan
  • NDIA must fund continuity of supports
  • Prevents gaps in essential supports

If provider closes or withdraws:

  • NDIA must help find replacement provider
  • Support coordination may be funded
  • Continuity of supports protected

Right to Plan Reassessment if Circumstances Change

You can request unscheduled plan review if:

  • Health or disability worsens
  • Family circumstances change
  • Current plan insufficient
  • Goals change significantly

NDIA must consider request.

If denied, you can:

  • Complain
  • Request internal review of denial
  • Provide more evidence and re-request

Advocacy: Your Right to Independent Support

Advocacy services are free, independent, and confidential.

What Advocates Do

Advocates can:

  • Explain your rights
  • Support you in meetings with NDIA or providers
  • Help prepare evidence for access or reviews
  • Write letters on your behalf
  • Lodge complaints or appeals
  • Provide information and referrals

Advocates cannot:

  • Make decisions for you (unless appointed guardian)
  • Guarantee outcomes
  • Provide legal advice (unless lawyer-advocate)

Finding an Advocate

National Disability Advocacy Program (NDAP):

  • Free advocacy for people with disability
  • Phone: 1800 818 338
  • Website: disabilityadvocacyfinder.dss.gov.au

State-based advocacy organizations:

  • Each state has advocacy organizations
  • Some specialize in systemic advocacy, individual advocacy, or specific disability types

Other advocacy:

  • Legal Aid (for AAT appeals)
  • Community legal centers
  • Disability peak organizations (e.g., People with Disability Australia)

When to Seek Advocacy

Consider advocacy support if:

  • You don’t understand NDIS processes
  • You’ve been denied access or funding
  • NDIA isn’t responding to requests
  • You feel overwhelmed or unsure
  • You’re preparing for AAT appeal
  • You’ve experienced discrimination or poor treatment

Tips for Navigating NDIS Processes

1. Document Everything

Keep records of:

  • All NDIA communication (calls, emails, letters)
  • Dates you submitted requests
  • Participant Service Guarantee timeframes
  • Complaints lodged
  • Decisions received

Why: Evidence for complaints, internal reviews, or AAT appeals.

2. Know the Timeframes

Participant Service Guarantee timeframes:

  • Access: 21 days
  • First plan: 90 days
  • Scheduled review: 120 days
  • Nominee: 14-21 days

Set reminders for when decisions are due.

3. Be Proactive

Don’t wait for NDIA to contact you:

  • Check myplace portal regularly
  • Call if you haven’t heard by expected timeframe
  • Chase up missing documents or requests

4. Get Professional Reports Early

For access or reviews, gather evidence in advance:

  • Specialist reports
  • Functional assessments
  • Quotes for supports
  • Evidence of needs

Don’t wait for planning meeting to start gathering.

5. Use Your Support Coordinator or LAC

They can:

  • Liaise with NDIA on your behalf
  • Help prepare for reviews
  • Provide information about processes
  • Support with complaints

6. Ask for Decisions in Writing

Always request:

  • Written decisions
  • Reasons for decisions
  • Copy of new plans

Verbal decisions are not sufficient for internal reviews or appeals.

7. Know When to Escalate

Escalate if:

  • NDIA exceeds timeframes without explanation
  • You’re being given incorrect information
  • Your complaints aren’t being resolved
  • Decisions are unreasonable

Escalation steps: Complaint → Ombudsman → Internal Review → AAT

Cultural and Linguistic Diversity

NDIS must provide culturally appropriate services.

Your rights:

  • Free interpreter services
  • Culturally appropriate planning processes
  • Materials in your language (where available)
  • Respect for cultural values and practices

How to access interpreters:

  • Request when booking planning meetings
  • NDIA uses Translating and Interpreting Service (TIS)
  • Free for NDIS participants

Disability representative organizations for CALD communities can provide advocacy and support.

Frequently Asked Questions

What if I miss the 3-month deadline for internal review?

You can request NDIA grant an extension if you have good reasons for missing the deadline (e.g., health issues, didn’t understand your rights). NDIA has discretion to grant extensions. If they refuse, you may seek advocacy support or AAT review.

Can I have someone represent me in NDIS processes?

Yes. You can have a representative (family member, friend, advocate) in planning meetings, internal reviews, and AAT appeals. You can also appoint a nominee for decision-making (legal process).

What happens if NDIA makes a decision while I’m waiting for internal review?

If you’ve requested internal review within 3 months, NDIA cannot implement the original decision until internal review is completed (with some exceptions). If you’re appealing to AAT, you can request a stay of the decision until AAT hears the appeal.

How do I complain about my LAC or Support Coordinator?

LACs are NDIA partners; complaints go to NDIA. Support Coordinators are providers; complaints go to NDIS Quality and Safeguards Commission. You can change LAC or Support Coordinator if unhappy.

Can NDIA reduce my funding without my agreement?

NDIA can reduce funding at plan review if they believe your needs have reduced. They must provide written reasons. You can challenge this through internal review and AAT if you disagree. Until the review is resolved, you should be able to continue using supports under previous plan (continuity of supports).

What if I don’t speak English well?

You have the right to free interpreter services. Request an interpreter when contacting NDIA or attending meetings. Family members should not be used as interpreters for NDIS processes (conflict of interest and accuracy concerns).

Key Takeaways

Participant Service Guarantee sets timeframes:

  • Access: 21 days
  • First plan: 90 days
  • Scheduled review: 120 days
  • NDIA must report publicly on performance

You have rights:

  • Choice and control
  • Dignity and respect
  • Privacy
  • Complain without retaliation
  • Access information
  • Independent advocacy
  • Timely decisions

When things go wrong:

  • Complain to NDIA
  • Escalate to Ombudsman if needed
  • Internal review for decisions you disagree with
  • AAT appeal for independent review
  • Access free advocacy support

Document everything:

  • Keep records of communication
  • Know the timeframes
  • Get decisions in writing
  • Track deadlines

You’re not alone:

  • Free advocacy available
  • Legal support for AAT
  • Ombudsman oversight
  • NDIS Commission for provider issues

The NDIS is complex and navigating it can be challenging. Knowing your rights, understanding timeframes, and accessing advocacy support when needed empowers you to get the supports you need and hold NDIA accountable to service standards.