Aug 30, 2026 · 1 hr 4 min · 12 segments
In this episode, Foley's barristers Kiran Marfatia and Dayne Kingsford examine the significant changes to the NDIS and the transition from the Administrative Appeals Tribunal to the Administrative…
Kiran MarfatiaHost
Dayne KingsfordHost
So on 14 October 2024, three acts commenced that significantly changed the then Administrative Appeals Tribunal's and the way in which Commonwealth administrative reviews could be commenced.
The Primary Act's objectives are set out in Section 9, and they provide that the Administrative Review Tribunal must pursue the objective of providing an independent mechanism of review that is fair and just, ensures that the applications to the Tribunal are resolved as quickly and with as little formality and expense, as a proper consideration of the matters before the tribunal permits, that the review is accessible and responsive to the diverse needs of parties in the proceedings, and provides the transparency and quality of government decision-making, as well as promoting public trust and confidence in the tribunal.
And so alongside the new tribunal, not least of which is the change from AAT to ART, we've also had some specific NDIS
So around the same time, there were amendments to the National Disability Insurance Scheme through the National Disability Insurance Scheme Amendment Getting the NDIS Back on Track No. 1 Act.
This followed an independent review of the scheme in 2023, and that made 26 recommendations.
So there are a number of amendments to the Act, but I'll briefly just cover some of the key ones that I think will be important for today's discussion.
Previously accessed decisions under this section were made by being satisfied that the participant meets certain requirements in either the disability requirement or the early intervention requirement or both.
The amendments now require that the CEO separately consider both of these requirements and whether or not the applicant meets them or both.
It's hoped that this will effectively establish a separate early intervention pathway for participants.
Dane, because ultimately in practice, we often see that the blurring of lines between Section 24 and Section 25.
So hopefully this increased clarity in the access regime really will assist practitioners to have a clearer pathway for that early intervention,
So as you mentioned, Section 24 and 25, they were also amended in the Amendment Act.
Section 24 concerns the disability requirements, and that is that a person should only be able to access the NDIS if they require supports that are NDIS supports compared to the previous requirements of simply supports.
Yeah, that phrase NDIS supports Dane, it's really the linchpin of the last year's litigation, which we'll go into a moment.
So lastly, the significant change was to Section 25, and that amendment was dealing with the early intervention requirements.
So on 14 October 2024, three acts commenced that significantly changed the then Administrative Appeals Tribunal's and the way in which Commonwealth administrative reviews could be commenced.
The Primary Act's objectives are set out in Section 9, and they provide that the Administrative Review Tribunal must pursue the objective of providing an independent mechanism of review that is fair and just, ensures that the applications to the Tribunal are resolved as quickly and with as little formality and expense, as a proper consideration of the matters before the tribunal permits, that the review is accessible and responsive to the diverse needs of parties in the proceedings, and provides the transparency and quality of government decision-making, as well as promoting public trust and confidence in the tribunal.
And so alongside the new tribunal, not least of which is the change from AAT to ART, we've also had some specific NDIS
So around the same time, there were amendments to the National Disability Insurance Scheme through the National Disability Insurance Scheme Amendment Getting the NDIS Back on Track No. 1 Act.
This followed an independent review of the scheme in 2023, and that made 26 recommendations.
So there are a number of amendments to the Act, but I'll briefly just cover some of the key ones that I think will be important for today's discussion.
Previously accessed decisions under this section were made by being satisfied that the participant meets certain requirements in either the disability requirement or the early intervention requirement or both.
The amendments now require that the CEO separately consider both of these requirements and whether or not the applicant meets them or both.
It's hoped that this will effectively establish a separate early intervention pathway for participants.
Dane, because ultimately in practice, we often see that the blurring of lines between Section 24 and Section 25.
So hopefully this increased clarity in the access regime really will assist practitioners to have a clearer pathway for that early intervention,
So as you mentioned, Section 24 and 25, they were also amended in the Amendment Act.
Section 24 concerns the disability requirements, and that is that a person should only be able to access the NDIS if they require supports that are NDIS supports compared to the previous requirements of simply supports.
Yeah, that phrase NDIS supports Dane, it's really the linchpin of the last year's litigation, which we'll go into a moment.
So lastly, the significant change was to Section 25, and that amendment was dealing with the early intervention requirements.
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