NDIA Accountability Project

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Guiding Principles – NDIA Dispute Resolution Policy

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FOI 25/26-2418 DOCUMENT 7

OFFICIAL For Internal Use Only

Reviews and Information Release Division

Guiding Principles — NDIA

Dispute Resolution Policy

The NDIA dispute resolution policy is guided by overarching principles about how the Agency engages with participants and prospective participants, makes decisions under the National Disability Insurance Scheme Act 2013 (NDIS Act), and conducts itself in litigation.

These principles seek to promote positive experiences and outcomes for participants and prospective participants by informing a participant-focused, less adversarial approach to litigation, and by contributing to the Agency’s commitment to early resolution where possible.

How we will make decisions

At all times, the Agency will:

  • promote the objects and principles of the NDIS Act;
  • be participant-centric in everything we do;
  • ensure that, where the Agency can support a participant or prospective participant, the Agency does so — including by ensuring that eligible prospective participants are granted access to the NDIS, and by ensuring that the NDIS fund all reasonable and necessary supports for a participant; and
  • seek opportunities for the timely and fair resolution of matters.

How we will work with and support participants

The Agency will:

  • enable participants and prospective participants to have direct contact with an Agency decision maker, not only a legal representative. The direct contact details of the decision maker (Case Manager) will be provided to the participant;
  • involve legal representatives only where necessary;
  • engage with participants and prospective participants in a manner that is respectful, inclusive, accessible, and trauma-informed;
  • help participants and prospective participants to understand, and ensure that they are appropriately supported to participate in, the dispute resolution process;

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  • help connect participants and prospective participants with appropriate advocacy services, where required;

  • act in accordance with the [Participant Service Charter](Participant Service Charter), by providing a service that is:

    • transparent — we will make it easy for participants and prospective participants to access and understand our information and decisions;
    • responsive — we will respond to the individual needs and circumstances of participants and prospective participants;
    • respectful — we will recognise the individual experiences of participants and prospective participants, and acknowledge they are experts in their own lives;
    • empowering — we will make it easy for participants to access information and be supported by the NDIS to lead their lives; and
    • connected — we will support participants and prospective participants to access the services and supports they need.

How we will ensure we act lawfully

At all times, the Agency must comply with the law — including:

  • the National Disability Insurance Scheme Act 2013;
  • the NDIS Amendment (Getting the NDIS Back on Track No. 1) Act 2024;
  • the NDIS Rules;
  • the Legal Services Directions 2025;
  • the Administrative Review Tribunal Act 2024;
  • the Administrative Review Tribunal Practice Directions;
  • any applicable case law; and
  • any applicable Commonwealth Government or Agency policies.

The Agency is also committed to upholding and promoting the principles of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

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Document Control
Document No. NDIA-ERB-POL-001
Date March 2026
Status DRAFT
Version 003
Document applicability National — Reviews and Information Release Division
Owner Director, Performance, Policy, and Quality

Approval Status Log
Version 003
Reviewed by Assistant Director, Policy
Endorsed by ERB Practice and Procedures Working Group
Approved by Director, Performance, Policy, and Quality
Approval date

Revision History

Revision Date Sections Summary of Changes
1 March 2026 All Original

Note: Document uncontrolled in hardcopy.

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