National Disability Insurance Scheme (NDIS) Lawyers

Certus Legal have been acted for people in the NDIS since the start of the scheme.

While the NDIS is a wonderful scheme that delivers reasonable and necessary supports and provides choice and control for people with disabilities, it is governed by regulation which is interpreted by public servants.

Certus Legal Group has an experienced team of NDIS Lawyers that can assist you with your matter.

Advice on NDIS Plans

We are not medical professionals, carers or NDIS providers, but your NDIS plan is assessed against government regulation.  This is were our experienced NDIS Lawyers come in, we can provide advice as to:

• whether a particular support is likely to be considered reasonable and necessary;
• the content, structure and particularly the wording to include in your plan to help you gain the best supports.

It is vital that we are able to obtain your medical and related information and can liaise with your support providers, carers, medical providers and others necessary to obtain this information.

Appeal an NDIS Plan

Just because the NDIA makes a decision about your plan, it doesn’t mean that you have to accept it.

Should a support not be approved to be included in your NDIS Plan then you can appeal this.  There is an internal review process that must be completed and then, if that review is unsuccessful an appeal to the Administrative Appeals Tribunal (AAT) is the next step.

There are reviewable decisions outlined in the legislation:

Each of the following CEO decisions is a reviewable decision:

(a) a decision a person does not meet the access criteria;

(b) a decision not to specify a period under s 26(2)(b);

(c) a decision to revoke a person’s status as a participant;

(d) a decision to approve the statement of participant supports in a
participant’s plan;

(e) a decision not to extend a grace period;

(f) a decision not to review a participant’s plan;

(g) a decision to refuse to approve a person or entity as a registered provider of supports;

(h) a decision to revoke an instrument approving a person or entity as a
registered provider of supports;

(i) a decision to make, or not to make, a determination in relation to a
person;

(j) a decision not to determine a child can represent themselves;

(k) a decision to make, or not to make, a determination a person has
parental responsibility for a child;
(l) a decision to appoint a plan nominee;

(m) a decision to appoint a correspondence nominee;

(n) a decision to cancel or suspend, or not to cancel or suspend, the
appointment of a nominee;

(o) a decision to give a notice to require a person to take reasonable action
to claim or obtain compensation;

(oa) a decision to refuse to extend a period;

(ob) a decision to take action to claim or obtain compensation;

(oc) a decision to take over the conduct of a claim;

(p) a decision to give a notice the CEO proposes to recover an amount;

(q) a decision not to treat the whole or part of a compensation payment as
not having been fixed by a judgement or settlement;

(r) a decision not to write off a debt;

(s) a decision under section 192 that the CEO is not required to waive a
debt;

(t) a decision under section 193 not to waive a debt;

(u) a decision the CEO is not required to waive a debt;

(v) a decision under section 195 not to waive a debt

NDIS Plan Appeal – Internal Review

We recommend that we prepare, or at least advise on your internal review application to not only give you the best chance of succeeding, but to provide the basis for an AAT appeal.

This review is an on the papers application so it is vital that it is prepared comprehensively and using the correct terminology and evidence.

NDIS Plan Appeal – AAT (Administrative Appeals Tribunal)

The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws.

They review decisions “on the merits”. This means that they take a fresh look at the relevant facts, law and policy and arrive at our own decision. The AAT must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.

They have the power to:

• affirm a decision
• vary a decision
• set aside a decision and substitute a new decision, or
• remit a decision to the decision-maker for reconsideration.

Our NDIS Lawyers can appear themselves in the appeal or may advise you that we brief one of our panel of barristers who are expert in this area to ensure you have the best chances of a successful appeal.

We understand that your NDIS plan is vital to funding your support you will get:

• Market-leading and dedicated advice relating to your entitlements and rights based on your unique circumstances and needs.
• Your matter will be handled by an expert NDIS lawyer and supervised by a Director of the firm who established their own NDIS provider, not a paralegal under the supervision of a lawyer.
• We will fight hard to ensure that you receive and just and equitable outcome.
• We understand the importance of your matter to you and your family and will treat it and you accordingly
• Our pricing is transparent and there are no hidden fees. Unlike most law firms, you will not be charged for work performed on your file by paralegals, photocopying of documents or telephone calls.
• We offer fixed fee pricing which means that you know how much your legal fees will be from the outset of your matter
• We take a service based approach and take pride in our high levels of client satisfaction.

We hope that we can be of service to you in your NDIS law matter.

Specialist Disability Accommodation (SDA) Law

One of our founders established and is an actively involved in a large SDA provider (NDISP.com.au) and our team continuously acts for them. We also act for participants engaging with other SDA providers.

If you need expert advice on your:

• SDA Agreement;
• SDA Lease;
• SDA Dispute;
• Changing Supported Independent Living providers;
• or any other SDA law matter

then our expert SDA lawyers can help (unless you are a participant living in an NDISP property  as we act for them).