Disability Inclusion Act 2018

Reviews of decisions made under Disability Inclusion Act 2018

From 1 February 2021, SACAT will have review jurisdiction under the Disability Inclusion Act 2018. This will enable a person who is in receipt of a reviewable decision made by the Central Assessment Unit to review that decision.

Types of Decisions that can be reviewed by SACAT

SACAT can review the following decisions:

  1. a decision to issue an exclusion; 
  2. a decision to terminate an application for a clearance; 
  3. a decision to suspend a clearance; 
  4. a decision to cancel a clearance;

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary List.

SACAT cannot review the following decisions:

  1. a decision to issue an exclusion, or to cancel a clearance, where the applicant or holder is a disqualified person; 
  2. a decision to issue an exclusion, or to cancel a clearance, where the applicant or holder is a presumptively disqualified person as a result of there being pending criminal charges against the person; 
  3. a decision to refuse to grant a clearance if the central assessment unit is not satisfied that the applicant is, or will be, engaged to do NDIS work;
  4. a decision to cancel a clearance if the central assessment unit is not satisfied that
    1. the applicant is, or will be, engaged to do NDIS work;
    2. the clearance was granted pursuant to an application that was not valid;
    3. the clearance was granted because of a mistake and should not have been granted;
  5. a decision to terminate an application for a clearance or cancel a clearance where the applicant or holder of a clearance has not provided the required assessable information;
  6. a decision to terminate an application under regulation 10(1).

 

Time Limits

An application for review of a reviewable decision may be made to the South Australian Civil and Administrative Tribunal within 14 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).

An application for review of a decision to suspend a clearance cannot be made until the suspension has been in force for at least 6 months.

The South Australian Civil and Administrative Tribunal may only allow an extension of time if satisfied that—

  1. special circumstances exist; and
     
  2. another party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.

Before applying to SACAT for a review of a reviewable decision made by the Central Assessment Unit you may:

  1. Apply to the Central Assessment Unit for an internal review of that decision.

When applying to SACAT you must:

  1. Have a copy of the decision which you want to review – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘NDIS’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (and press menu option 4, and then 6).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.

Relevant legislation: