Executive Summary
National Legal Aid (NLA) welcomes the opportunity to contribute to the development of a new Commonwealth individual disability advocacy program (IDAP). We strongly support the program’s goal of ensuring that people with disability, particularly those most at risk of harm, receive the support they need to make informed choices and uphold their rights.(1) A robust and well-designed IDAP is critical to advancing equity, strengthening system accountability, and ensuring that people with disability can meaningfully participate in decisions that affect their lives.
The National Disability Advocacy Program has long played a vital role in promoting access to justice and promoting equitable outcomes for people with disability. Within this broader framework, the NDIS Appeals Program provides essential assistance to people seeking review of decisions made by the National Disability Insurance Agency (NDIA). Legal Aids, funded by the Australian Government, and in close collaboration with disability advocacy organisations, deliver specialist legal advice and representation for NDIS appeals before the Administrative Review Tribunal (ART). As the Government considers how the NDIS Appeals Program will align with the new IDAP (2), it is imperative that the two programs connect seamlessly so that people with disability experience continuity of support and coordinated, consistent service delivery.
A 2025 independent evaluation (3) of the NDIS Appeals Program (the Evaluation) confirmed what the sector has long observed: NDIS appeals processes are complex, daunting, and difficult to navigate without specialised support. The Evaluation found that legal assistance leads to better outcomes, improved preparedness, enhanced fairness, reduced delays, and more efficient operation of both the ART and the NDIS, including by filtering out no meritorious matters. These findings strongly reinforce the need for a well-resourced and well-integrated system of both advocacy and legal assistance.
Legal Aids have also observed an increasingly formal and adversarial environment in NDIS appeals, with government agencies routinely legally represented while most applicants -people with disability and their families- are not. This imbalance causes significant distress for participants, undermines fairness, and reduces efficiency. The evaluation further highlighted the growing burden of evidence gathering, with escalating costs, inconsistent NDIA requirements, and limited availability of specialist reports placing heavy strain on participants, advocates, lawyers and program funding.
In parallel, proposed reforms to NDIS planning (4) may significantly reshape appeals processes, underscoring the need for accessible, fair, and navigable review pathways. Legal Aids are eager to work with Government to ensure these changes result in simpler, more person-centred processes rather than additional barriers.
However, Legal Aids cannot meet current demand within existing funding. Short-term and inadequate funding leaves many applicants unable to access legal representation, undermines workforce retention, and limits the capacity to take on complex or long-running matters. Disability advocacy organisations face similar pressures. Sustained, increased funding for both advocacy and legal assistance is essential to meet community need and to give effect to the Disability Royal Commission’s recommendations for well-funded advocacy throughout a person’s appeal.
Despite clear and ongoing demand, government funding has only been extended at baseline levels to June 2028, with supplementary funding ending on 30 June 2026. Legal assistance will remain indispensable regardless of any changes to the IDAP or NDIS planning, both to support participants and to ensure the ART and NDIA operate efficiently.
Stronger advocacy and legal assistance also support system efficiency by narrowing issues in dispute, improving evidence quality, and enabling earlier resolution. In 2023–24, Legal Aids provided over 300 legal representations and more than 2,500 legal advice services under the NDIS Appeals Program. To meet demand, an additional $7 million per year is required in the 2026–27 Budget to expand legal assistance to approximately 5,000 advice services and 700 representation services annually, reduce the growing backlog in the ART, and ensure people with disability receive fair, timely and effective support.
(1) Department of Health, Disability and Ageing, A New Commonwealth Individual Disability Advocacy Program: Program Policy Framework, 2025.
(2) Ibid, p. 3.
(3) Davies K, Ratcliffe S, Kothe E, Takchi S (2025) ‘I would have given up without it’: An evaluation of the NDIS Appeals Program Legal Services.’ Law and Justice Foundation of NSW.
(4) Evidence to Community Affairs Legislation Committee, Parliament of Australia, Canberra, 4 December 2025, (Mr Matthew Swainson, National Disability Insurance Scheme Deputy Chief Executive Officer, Legal, Reviews, Actuarial and Data).
List of Recommendations
Recommendation 1
That the new individual disability advocacy program be designed to integrate seamlessly with the existing NDIS Appeals Program, ensuring continued close collaboration and partnership between disability advocates and Legal Aids, maintaining strong referral pathways, and supporting coordinated systemic advocacy.
Recommendation 2
That Government continue to consult with NDIS Appeals Program service providers as the design of the new individual disability advocacy program is further progressed.
Recommendation 3
That Government adequately and sustainably fund advocacy (at both pre-ART and ART stage) for people with a disability navigating their NDIS supports, including for disability advocates and legal assistance.
Recommendation 4
That Government commit to adequate and sustained funding for accessible legal assistance to ensure that people with disability can access the legal support they need to practically realise their rights and are not disadvantaged in increasingly adversarial legal proceedings.
Recommendation 5
That Government commit an additional $7 million per annum in the 2026-27 Budget to expand the legal services component of the NDIS Appeals Program to better meet demand and support the efficient operation of the ART and NDIA.
