Victoria Legal Aid (VLA) may provide a grant of legal assistance to a person for representation in a National Disability Insurance Scheme (NDIS) matter in the Administrative Appeals Tribunal (AAT) where the person is either:
- an NDIS participant seeking review of decisions of the National Disability Insurance Agency (NDIA)
- seeking review of NDIA decisions refusing their participation in the NDIS.
In determining whether to provide a grant of legal assistance, VLA must be satisfied that:
- the matter meets the Commonwealth merits test
- there is a significant likelihood that legal representation will lead to wider community benefit
- the person is experiencing disadvantage and would likely realise a substantial benefit from legal representation.
Funding source and availability
The Commonwealth Government funds VLA to provide grants of legal assistance for NDIS appeals to the AAT. Funding for this guideline is separate to the general Legal Aid Fund. Applications are assessed having regard to the Department of Social Services' . Representation is provided by VLA lawyers and is subject to the availability of Commonwealth funds allocated for this purpose. The is applicable to this guideline.
A person applying under this guideline should provide us with all of the following documents:
- copy of the application for an internal review made to the NDIA
- copy of the NDIA internal review decision
- copy of the application to the AAT
- any other supporting documentation, such as a copy of the T-documents.
Reviewed 26 April 2023