Administrative Review Tribunal (ART)

What is the Administrative Review Tribunal (ART)?

The Administrative Review Tribunal (ART) is the independent Commonwealth tribunal that reviews NDIA decisions after an internal review. It replaced the Administrative Appeals Tribunal (AAT) on 14 October 2024. If a participant disagrees with the NDIA's internal review decision, they can apply to the ART, generally within 28 days of receiving that decision.

The ART is not part of the NDIA. It reviews the decision afresh: the Department's reviews fact sheet describes the tribunal as standing in the shoes of the original decision-maker and applying the same rules and powers under the NDIS Act. It can confirm the NDIA's decision, change it, or replace it with a new one.

Parliament passed the laws abolishing the AAT in May 2024, and the ART began on 14 October 2024. NDIS cases that were open at the AAT moved across to the ART automatically, so people did not need to lodge a new application (Department of Social Services). Decisions the AAT had already made remain valid.

How the NDIS review pathway works

The ART is the second stage. You can't go straight to the ART — the NDIS Act (section 103) only lets the tribunal review a decision made by an NDIA reviewer on internal review.

Stage 1: internal review by the NDIA

Section 100 of the NDIS Act sets the rules for the first stage:

• The NDIA must give written notice of a reviewable decision, with reasons, and tell you that you can ask for a review.
• You must request internal review within 3 months of receiving that notice. You can ask in writing or by phone or in person.
• The review must be done by someone who wasn't involved in the original decision.
• The NDIA must decide within 90 days of receiving your request, unless NDIS rules set a different period.
• The reviewer confirms, varies, or sets aside the decision and substitutes a new one.

Some decisions are reviewed automatically. If the NDIA doesn't decide an access request, a requested plan variation or a requested reassessment in time, the Act treats it as having said no, and that deemed decision goes to internal review without you asking.

Stage 2: applying to the ART

If you still disagree after internal review, you or someone acting on your behalf can apply to the ART. Only a person directly affected by the decision can apply. The Department says the application must be lodged within 28 days of receiving the internal review decision. The ART's NDIS page explains how to apply and what happens next, including case conferences and other steps that can resolve a matter before a hearing.

Which NDIS decisions the ART can review

Section 99 of the Act lists the reviewable decisions. The most common for participants and providers are:

Decisions by the NDIS Quality and Safeguards Commission follow the same pattern: internal review first, then the ART.

ART vs AAT vs internal review

Getting help with an ART application

You don't need a lawyer to apply. The Australian Government's NDIS Appeals Program funds disability advocates and legal services to support people seeking review of NDIA decisions at the tribunal. A support coordinator, family member or nominee can also help gather documents.

Evidence matters at the ART as much as it does at the NDIA. Useful material includes:

1. The original decision notice and the internal review decision, with reasons.
2. Allied health and medical reports that explain your support needs.
3. Your own statement about daily life, goals and what happens without the support.
4. Provider records, such as progress notes or incident reports, if they show the need.

Under new framework plans, which start rolling out from 1 April 2027, the review pathway stays the same, but the content changes: the internal reviewer or ART looks at whether the support needs assessment captured the participant's needs and whether the budget method rules were applied correctly.

Tips for a stronger review

Most reviews turn on evidence and clarity. These habits help at both stages:

• Ask for the reasons. The decision notice must include them. Work out exactly which support or finding you disagree with.
• Answer the reasons directly. If the NDIA said a support wasn't value for money, show why cheaper options won't meet the need.
• Add new evidence early. Sending reports at internal review gives the NDIA a chance to change its decision before the tribunal stage.
• Keep a timeline. Record when you received each notice, when you asked for review, and who you spoke to.
• Keep supports going where you can. The decision keeps operating during a review, so plan around the funding you have now.

If your needs have changed since the decision, a new request, such as a plan variation, may be quicker than a review. A support coordinator or advocate can help you choose the better route.

What providers should know

Providers aren't usually parties to a participant's ART review, because only the person directly affected can apply. But providers often supply the evidence. Write reports and notes that describe needs factually, with dates, and give them to the participant or their representative promptly when asked, with the participant's consent.

Providers are directly affected by some NDIS Commission decisions, such as refusing or revoking registration or making a banning order. Those decisions go through internal review and can then be taken to the ART.

Common misunderstandings about the ART

• "I can go straight to the tribunal." No. NDIS decisions must go through internal review first.
• "The AAT still handles NDIS appeals." The AAT was replaced by the ART on 14 October 2024.
• "Asking for a review pauses the decision." The Act says a review request doesn't stop the decision operating.
• "The ART can only say yes or no." It can confirm, vary or replace the decision.
• "I have plenty of time." Internal review must be requested within 3 months, and the ART application is generally due within 28 days of the internal review decision.