If you receive an NDIS decision you disagree with, and the Internal Review doesn’t fix it, your next step is the Administrative Review Tribunal (ART).
The ART (formerly the AAT) is independent of the NDIS. It allows a fresh set of eyes to look at your case. However, walking into a Tribunal setting can be intimidating.
A common question we hear is: “Can my Support Coordinator come with me?”
The answer is Yes, but strict rules govern how we can help and how that time is funded. Here is how CoAbility can support you through the appeals process without breaking the rules.
1. Can a Support Coordinator Represent Me?
Yes. A landmark decision (the Al Saed case) confirmed that an NDIS participant has the right to have their Support Coordinator serve as a support person or advocate at the Tribunal.
However, at CoAbility, we know that we are not lawyers. Our “Advocacy First” Policy applies here. Before we agree to support you at the ART, we always try to engage an appropriate Disability Advocate or Legal Aid lawyer for you. These professionals specialise in the legal arguments of the Tribunal. We will only step in to support you if those services are at capacity and you would otherwise attend alone.
2. The “Funding” Rule (Crucial Transparency)
This is the most important rule to understand: Your NDIS plan cannot pay for us to be your advocate at the hearing.
The NDIS Act and Operational Guidelines are clear. You cannot use NDIS funds to pay a lawyer or a Support Coordinator to represent you at the Tribunal.
So, how does it work? We cannot bill your plan for the hours spent standing up for you in the hearing room, but we can still support you.
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Pro Bono or Private: The rules allow Support Coordinators to appear if they act pro bono (for free) or if the participant pays them privately.
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The CoAbility Commitment: As mentioned in our previous posts, we commit to value. We will discuss with you beforehand which work is billable (prep work) and how we manage the hearing itself.
3. Managing “Conflict of Interest”
The NDIS sometimes argues that Support Coordinators shouldn’t attend the Tribunal due to a “Conflict of Interest.” They argue that if we fight for more funding for you, we might get more work.
However, the Tribunal has ruled that this doesn’t automatically stop us from helping you.
How CoAbility manages this ethically:
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We Declare It: We are transparent with the Tribunal from the start about our role.
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We Step Out: If the discussion turns specifically to “Support Coordination Funding,” we excuse ourselves to remain neutral.
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We Focus on YOU: As the Tribunal noted, more funding for you doesn’t guarantee more work for us. We focus on your best interest, not ours.
4. The Prep Work
The hearing itself has strict funding rules, but we provide massive value during the preparation phase using your existing Support Coordination funding.
The “Billable” Prep: Before you ever step foot in the ART, CoAbility can:
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Gather Evidence: We collect the OT reports and assessments needed to prove your case.
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Write Reports: We prepare detailed Progress Reports. These explain why the NDIS decision was wrong based on your functional capacity.
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Review Documents: We help you understand the “T-Documents” (Tribunal Documents) the NDIS sends you.
The Horizon Scan: Why the ART Rules Might Change
We can support you effectively under the current rules, but we must also look ahead. The landscape of appeals is shifting. Changes on the horizon make early preparation even more critical.
Currently, the ART has the power to “stand in the shoes” of the NDIS. They can make a completely new decision. This potentially fixes your plan and adds the necessary funding right then and there.
However, recent revelations suggest this will change significantly by 2026.
The Rise of the Algorithm
The rollout of “New Framework Planning” means a computer algorithm will generate plan budgets, not a human delegate. Consequently, experts expect the Tribunal’s powers to shift drastically.
The “Remittal” Risk Strong chatter suggests that in the future, the ART will no longer adjust specific funding line items. Recent NDIA admissions during Senate Estimates (December 2025) confirm this.
The new system relies on a calculation tool to generate a total budget. Therefore, the Tribunal cannot simply “decide” you need more money. If they find an error, they may only have the power to remit (send) your plan back to the NDIS. The agency would then put your data through the “plan generator” again.
The Shift: From “Outcomes” to “Inputs”
This change represents a fundamental shift in how you fight for funding.
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Today (Outcomes): You argue, “I need $50k for therapy because my current $20k isn’t enough.” The Tribunal can agree and award the funds.
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2026 (Inputs): You will likely argue, “The NDIS entered the wrong data into the computer.”
This happens because the new budget tool (I-CAN v6) acts as a “Black Box.” Once the planner enters the data, the number it generates binds them. Yet, the methodology used to calculate that output remains invisible. If the planner lacks discretion to change the final number, the Tribunal likely won’t either.
Instead of arguing for a dollar amount, you will argue about inputs. You must prove the assessor ticked the wrong box on your Needs Assessment regarding the frequency of your support needs.
What Does This Mean For You?
The “human element” of fixing a plan at the Tribunal is disappearing.
The Tribunal will no longer be a place to “fix” a bad budget. It becomes a place to check if the data entry was correct. This makes it critical to get your evidence right before you get your plan, rather than relying on the Tribunal to fix it later.
Action Plan: How to Beat the Algorithm
If the Tribunal can no longer save you, your only defence is ensuring the “data inputs” are perfect before the calculation happens. You need to prepare for the Needs Assessment now.
1. Don’t Just Describe “Capacity”… Describe “Frequency & Intensity”
The new algorithm (based on the I-CAN tool) doesn’t just ask what you can’t do. It calculates funding based on how often (Frequency) and how much (Intensity) support you need.
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Action: Start a “Support Diary” today. Don’t just list tasks; list minutes and hours. How many minutes does showering take? How many times a day do you need prompting? This is the data the algorithm feeds on.
2. Audit Your “Impairment Notice”
Since early 2025, all new participants receive an “Impairment Notice.” This lists precisely which conditions the NDIS recognizes. Current participants will receive their “Impairment Notice” when their plans are reviewed.
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Action: If a condition is missing from your “Impairment Notice,” the budget calculator likely won’t see it. Ensure the NDIS formally recognizes every single diagnosis that impacts your function before your assessment. Start this process now!
3. The “Worst Day” Rule
The new assessment is ‘strengths-based,’ which is a trap. It focuses entirely on what you can do. If you answer that you can shower and dress yourself because you can do so on pain-free days, the system assumes you can do it every day. As a result, you will not get funding for the days you struggle.
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Action: You must consistently provide evidence of your “worst day.” If you answer questions based on your best day, the algorithm assumes you never need support. Your evidence must clearly state: “On bad days (which occur X times per week), I require complete physical assistance.”
The Bottom Line: The battleground is moving. It is no longer about arguing with a planner over a dollar figure. It is about ensuring the data entered into the “Black Box” reflects your reality.
Don’t Panic! We Are Here to Help
Reading about “Black Boxes” and “assessment traps” can be overwhelming, but you don’t have to face these changes alone. At CoAbility, we LOVE change, and we commit to understanding the nuances of the new system. We can help you prepare for your assessment, ensuring you have the correct language and evidence to describe your “worst days,” not just your best ones.
