Certus Legal have been acting for registered providers in respect to the NDIS since the start of the scheme.
The NDIS is an innovative scheme that helps deliver reasonable and necessary supports to people with disabilities (Participants), in a manner that promotes their overarching choice and control. Whilst a wonderful scheme, it is governed by complex regulation which is then required to interpreted and administered by public servants.
Certus Legal has one of the most experienced teams of NDIS Lawyers to assist you with your matter in an effective (and compliant) way.
One of the founders of Certus Legal, Darryl Richards, established NDISP, a registered Specialist Disability Accommodation (SDA) provider under the NDIS. Our team of NDIS lawyers were vital in establishing this provider, advising on registration, writing policies and drafting agreements. Our team has also helped other people and organisations become NDIS providers.
In assisting with your registration as an NDIS Provider, our NDIS Lawyers can provide advice as to:
Regardless of the type of advice or assistance you require in respect of registering as an NDIS Provider, you can be assured that our NDIS Lawyers have acted for someone in a similar position.
Just because the NDIA makes a decision about your registration, it doesn’t mean that you have to accept it.
Quite often we see inaccurate interpretations of the legislation by the NDIA in their decision-making, and we can advise you on your appeal rights if you believe this has happened to you.
Should a category or your registration not be approved then you can appeal this. There is an internal review process that must be completed and then, if that review is unsuccessful an appeal to the Administrative Appeals Tribunal (AAT) is the next step.
There are reviewable CEO decisions outlined in the legislation, including a decision:
|(a)||that a person does not meet the access criteria;|
|(b)||not to specify a period under s 26(2)(b);|
|(c)||to revoke a person’s status as a participant;|
|(d)||to approve the statement of participant supports in a
|(e)||not to extend a grace period;|
|(f)||not to review a participant’s plan;|
|(g)||to refuse to approve a person or entity as a registered provider of supports;|
|(h)||to revoke an instrument approving a person or entity as a registered provider of supports;|
|(i)||to make, or not to make, a determination in relation to a
|(j)||not to determine a child can represent themselves;|
|(k)||to make, or not to make, a determination a person has
parental responsibility for a child;
|(l)||to appoint a plan nominee;|
|(m)||to appoint a correspondence nominee;|
|(n)||to cancel or suspend, or not to cancel or suspend, the
appointment of a nominee;
|(o)||to give a notice to require a person to take reasonable action
to claim or obtain compensation;
|(oa)||to refuse to extend a period;|
|(ob)||to take action to claim or obtain compensation;|
|(oc)||to take over the conduct of a claim;|
|(p)||to give a notice the CEO proposes to recover an amount;|
|(q)||not to treat the whole or part of a compensation payment as not having been fixed by a judgement or settlement;|
|(r)||not to write off a debt;|
|(s)||under section 192 that the CEO is not required to waive a debt;|
|(t)||under section 193 not to waive a debt;|
|(u)||that the CEO is not required to waive a debt; and|
|(v)||under section 195 not to waive a debt.|
We recommend that our NDIS Lawyers prepare, or at least advise on, your internal review application to not only give you the best chance of succeeding, but to provide the basis for an AAT appeal.
This review is an on the papers application, so it is vital that it is prepared comprehensively, using the correct terminology and evidence. A qualified and knowledgeable solicitor will provide your appeal with the supporting legal arguments that it needs to be approved.
The AAT conducts independent reviews of administrative decisions made under Commonwealth laws. They review these decisions “on the merits”, meaning they take a fresh look at the relevant facts, law and policy and arrive at their own decision.
The AAT must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.
They have the power to:
Our NDIS Lawyers can appear themselves in the appeal, or may brief one of our panel of barristers, who are expert advocates, to ensure you have the best chances of a successful appeal.
Our expert NDIS lawyers can draft and review agreements that you need to engage with:
under the NDIS as a registered provider. In drafting these agreements, we not only focus on compliance, but also the ability for these agreements to be flexible and re-usable into the future as your business grows and changes in the legislation occur.
Please read more about our Specialist Disability Accommodation expertise on our SDA Lawyers page.
We understand the NDIS space and have a founder that established, and is actively involved with, an NDIS provider. With Certus you will get:
We hope that we can be of service to you in your NDIS law matter.
Certus NDIS Lawyers are different
Speak to Certus today