Families are telling us that they feel as though there is a deliberate strategy and approach from the NDIA to manage cost by delaying plan outcomes, denying them outright, and forcing participants into costly legal processes through to the Administrative Review Tribunal (ART). If this is the case, then this is not ok, especially when what is requested is reasonable and necessary, supported by independent experienced Allied Health inputs and reports.
78% of appeals to ART resulted in changed decisions. Up from 72% last quarter, and 70% the quarter before that. Reflecting difficulties with planning, rejections that don’t match the legislation nor the needs of participants, and significant time, stress, and financial investment from both NDIA and from participants. This means that in 78% of cases, participants submitted all the evidence that was needed to make a decision, but NDIS declined to make the decision, necessitating costly and drawn-out ART processes that ultimately funded what was requested in the first place.
The NDIS’s legal spending has increased to $60.7 million in 2024-25, a 60% rise from the previous year, as the agency used private law firms to fight a surging number of participant appeals at ART. It appears that the federal government is engaging in “lawfare” against people with disabilities by using expensive legal representation against individuals who often represent themselves. This situation highlights ongoing concerns about the fairness of the appeals process and the agency’s role in the system. Critics argue that the NDIA’s use of expensive private lawyers against self-represented participants is a form of “lawfare,” where the agency is essentially “fighting” people with disabilities instead of supporting them.
Hearth Australia has brought a contemporary housing solution to the sector and with Supported Independent Living (SIL), which involves the funding for people with more complex needs to live away from their families with 24/7 support, what is playing out now is delaying, denying and forcing families to the ART to secure the right level of support for their loved one. This can often involve very fragile family situations with elderly carers in their 70’s, 80’s and yes, 90’s. This is not ok.
Hearth is engaging regularly with families now forced to go to ART to sort SIL for their loved one. The stress on the family who is constantly struggling to keep their heads above water is just too much.
A key takeaway from Hearth is that people should ensure from the start with an important SIL application that you set it up well from the start to ensure every chance of success at ART, as there is a high likelihood you may end up there, particularly for more complex situations. Reach out to Hearth to guide you from an Allied Health, Support Services perspective to build the SIL case. If we cannot assist, then we can guide you to other specialists in the sector who have a lot of experience in Housing and supporting participants through complexity. Further, Hearth collaborated extensively with the Federal Government in developing a contemporary housing solution for the sector and is always open to improving processes and outcomes for participants.
