Below is the executive summary section of National Legal Aid's submission to the Joint Standing Committee on the National Disability Insurance Scheme's Annual Report Inquiry 2025. A full version of our submission is available to the right and below.
Executive Summary
National Legal Aid emphasises the critical importance for people with disability to have access to legal assistance to resolve issues related to their disability, including to appeal decisions made by the National Disability Insurance Agency (NDIA).
The Department of Social Services (DSS) funds Legal Aids to deliver the legal services component of the NDIS Appeals Program (the Program), including legal advice and representation. A 2025 evaluation of the Program undertaken by the Law and Justice Foundation of NSW (the Evaluation) found that legal assistance for NDIS appeals resulted in better outcomes for clients, helped clients be more informed and prepared, enhanced access to justice and fairness, reduced delays, supported the fair and efficient operation of the ART and the NDIS (including by filtering out non-meritorious cases), and represented value for money.
The Evaluation made a number of recommendations in relation to the Program which NLA supports and commends to the Committee for consideration:
Recommendations
The NDIS Appeals Program Legal Services (the Program) should be ongoing, with opportunities to continue strengthening the program including:
Systems Change
- Make the appeals process less complicated, daunting and legalistic.
- Ensure secure and adequate funding for the Program.
Program Design and Delivery
- Provide permanent contracts to Program staff and invest in professional development.
- Ensure multiple referral pathways into the Program, including via disability advocates, self-referral, and the Administrative Review Tribunal.
- Provide access to advice services as a standard part of the Program and continue to provide high quality representation services.
- Retain the flexibility for Legal Aid Commissions to tailor the Program to local contexts and communities.
- Identify, and reach out to, groups of people who are missing out on the Program.
Partnerships
- Continue to build strong relationships with disability advocacy organisations.
- Improve national and local information sharing and relationship building between Legal Aid Commissions, the Administrative Review Tribunal and the National Disability Insurance Agency.
- Ensure nationally consistent reporting and communications between LACs and the Department of Social Services.
- Embed the expertise of people with disability in program design and development.
Data Collection
- Set up a nationally consistent approach to data collection.
