DOCUMENT 21
IRT - Miscategorised request
This article provides guidance for a review officer, business support officer, or participant support officer to lodge the correct case when a request has been lodged incorrectly as an internal review case.
Recent updates
20 January 2025
Administrative Review Tribunal name updated. Inclusion for staff to refer to article Understand and choose the right plan change request, for requests relating to plan continuation.
Miscategorised requests
Miscategorised requests are those lodged as an internal review s100 when it’s another type of request and not a review of a reviewable decision request. These may include:
- Assistive Technology Home Modifications (ATHM)
- Plan Change Requests:
- Change of circumstances requiring participant requested plan reassessment – s48(2) and s48(3)
- Plan variation (section 47A).
- Change to the participant’s statement of goals and aspirations (s47)
- Out of time s100, where an internal review request is made after 3 months from the original decision in writing
- Where an internal review decision has already been made on the reviewable decision. For example, a second request on the same plan or when a new plan was created as a result of an s100
- Where an external review decision has been made, and the new or varied plan is a result of the Administrative Review Tribunal (ART) outcome.
- Implementation support
- Assessments requested by the agency (excluding ATHM).
For each possible miscategorisation type you will need to contact the participant and/or their authorised representative to clarify the request and ensure the right request type they choose can be actioned. This may include withdrawing the internal review case with consent, which will impact review rights.
When contacting a participant or their authorised representative, you must first check their preferred communication method and authorisations. Refer to the article Check a person’s preferred contact method.
When contacting a participant, or their authorised representative, you must also log an activity. Activity types include:
- SMS messages
- phone calls
- emails
- face-to-face meeting.
Refer to article Log an activity or internal note for guidance on creating case activities.
If during contact, there is a media threat, advise your line manager who will contact the Media Team and advise of any follow up action if required. If during the contact, there is information or evidence to identify situations where the request is miscategorised and needs to be escalated refer to article Review the escalation prioritisation matrix to identify the level of risk to the participant or applicant making the review request.
Select the option that most closely matches the participant or applicant’s situation to identify the risk level. If there are multiple risks, the highest risk level represents the overall risk to the participant or applicant making the request. For high or extreme risks identified, advise your line manager.
Phone
- Make one contact attempt. This attempt requires a pre-call SMS. Refer to article IRT – Send an SMS.
If your phone contact is unsuccessful refer to the article IRT – Unable to contact process. Refer to the relevant miscategorisation topic below for guidance and the process to lodge the correct request type.
- Send an email. Refer to article IRT - Sending an email. If your email contact is unsuccessful, seek advice from your line manager before proceeding to make a decision.
- Refer to the relevant miscategorisation topic below for guidance and the process to lodge the correct request type.
- Send the Internal Review Unable to Contact Letter to the participant’s listed address and request a reply within 14 days. Refer to the article IRT – Sending a manual letter.
- If your mail contact is unsuccessful, seek advice from your line manager before proceeding to make a decision.
- Refer to the relevant miscategorisation topic below for guidance and the process to lodge the correct request type.
Miscategorised topics
Assistive technology home modifications
If the request is for a new ATHM due to a change of circumstances or there is information that would affect multiple supports within the plan or could be assessed under a plan variation, refer to the topic Plan Change Requests.
If there is evidence the ATHM has been declined within the statement of supports, this should not be considered as a miscategorisation and an internal review decision should be made. This may include where the ATHM was declined as a vary request and the participant is seeking a review of that decision.
All other requests should be returned to Service Delivery, refer to article refer to articles Prepare to submit a plan change request and Create a participant plan change request where the legislative type isn’t specified.
If the review request is incorrect, and the request needs to be withdrawn, refer to article IRT - Withdraw an internal review.
Plan change requests
If the request appears to be for a plan reassessment or plan variation, during your contact, clarify with the participant what plan change request they are seeking. Advise the participant of their options, review rights and time frames for decision making.
The participant can request to continue with the internal review or choose a plan change request type. Where the participant chooses a plan change request, the review needs to be withdrawn. Seek the participant’s agreement to withdraw the review request and to lodge a plan reassessment or variation.
Plan change requests are actioned by Service Delivery. To create a plan change case, refer to articles Prepare to submit a place change request, Create a plan reassessment (s48) request and Create a plan variation (s47A) request.
If the participant is seeking a review because a plan continuation, refer to article Understand and choose the right plan change request.
If the review request is incorrect, and the request needs to be withdrawn, refer to article IRT - Withdraw an internal review.
Change to the participant’s statement of goals and aspirations
This category is used when the participant is not asking for changes to funded supports but wishes to make changes to the participant statement of goals and aspirations on the existing plan.
All requests should be returned to Service Delivery, refer to article Create an enquiry case.
When creating the Enquiry case, at the Categorisation view, for:
- Type, select Participant Details
- Category, select Participant Update
- Sub Category, select Goals and Statement.
If the review request is incorrect, and the request needs to be withdrawn, refer to article IRT - Withdraw an internal review.
Out of time s100
Check if/when the participant, applicant or authorised person affected by the original decision/plan received a copy of the decision in writing. They have 3 months to ask for an internal review. This is 3 months from the day after they receive the decision. If there is evidence the decision/plan was sent and the request is not within 3 months of the notice of decision, the request for review is out of time and cannot be actioned as an s100.
When contacting the participant or applicant, confirm the date they received the decision and advise them their request cannot be actioned as an internal review as the NDIS Act only allows requests for internal reviews within 3 months of the person being notified of the decision (s 100(2)). As their request was made outside of 3-months , the NDIA cannot complete an internal review.
If they have had a change of circumstances or new information, they can request this be lodged as a plan reassessment for participants or for applicants a new access request.
For plan reassessments you should explain to the participant a plan reassessment is not an internal review. It is a decision about whether their circumstances have changed enough to require a reassessment of their support needs. Explain there is no guarantee they will receive a plan reassessment as a result of lodging one.
To create a plan reassessment, refer to articles Prepare to submit a place change request and Create a plan reassessment (s48) request.
To request a new access request, refer to article Create an enquiry case.
If the review request is incorrect, and the request needs to be withdrawn, refer to article IRT - Withdraw an internal review.
Where an internal review decision has already been made on the reviewable decision
This applies when a set aside, vary or confirm decision has been made in an internal review case and a request for an internal review has been created. Once an internal review decision has been made, another internal review cannot be made on the same decision. There are options available to the participant or applicant if they don’t agree with the decision made.
This includes asking us to explain our decision, ways the participant can use their plan and how to access supports. For more information, visit what other options are available to you? (external) on the Request a review of a decision (External) internet page.
If the participant or applicant is not happy with the internal review decision, they have which 28 days to seek an external review with the Administrative Review Tribunal.
For more information about asking for an external review of an NDIS decision, refer to the Administrative Review Tribunal website (External).
To create a plan change case, refer to article Prepare to submit a plan change request.
To request a new access request, refer to article Create an enquiry case.
If the review request is incorrect, and the request needs to be withdrawn, refer to article IRT - Withdraw an internal review.
Second request on the same plan or when a new plan was created as a result of a s100
This applies only to s100 requests regarding the statement of participant supports where the plan the participant wants reviewed was either created as a result of a s100 or the decision on a previous s100 of the same plan was confirmed.
You will need to check for a confirm decision or compare the current plan date to the date the s100 was closed. If the dates are the same it was created as a result of an s100. If the plan was approved after the s100 it was not the result of an s100 and you can proceed.
If the review request is incorrect, and the request needs to be withdrawn, refer to article IRT - Withdraw an internal review.
Where an external review decision has already been made on the reviewable decision
Sometimes a new or varied plan is a result of an external review with the Administrative Review Tribunal (ART) outcome. These outcomes are not reviewable by the NDIA. Check for previous cases since the internal review decision was made. There may be notes within the most recent plan change case that states the new or varied plan is a result of an ART outcome. If they need support to understand the external review decision you can refer them to the ART Case Manager.
Implementation support
This process is for when a participant only requires support implementing their plan.
If the participant is happy with the support you have provided during your conversation advise them no further action will be taken on their request.
Implementation support is provided by Service Delivery. To create an implementation case, refer to article Create a plan implementation case.
If the review request is incorrect, and the request needs to be withdrawn, refer to article IRT - Withdraw an internal review.
Assessments requested by the agency (excluding ATHM)
If there is clear evidence on the plan that the delegate’s intention was to fund additional assessments before considering the requested supports, on receipt of these assessments the original plan delegate needs to consider undertaking an agency-initiated plan review to consider recommendations in the assessments. This could include assessment for exploring housing options, therapy supports or Supported Disability Accommodation (SDA) eligibility.
If it is not clear the delegate’s intention was to reconsider supports on receipt of certain assessments the request should be treated as an internal review request.
All requests should be returned to Service Delivery, refer to article Create an enquiry case.
If the review request is incorrect, and the request needs to be withdrawn, refer to article IRT - Withdraw an internal review.