Section 100 vs. Section 99: A Simple Guide to NDIS Internal Reviews and Appeals
Section 100 vs. Section 99: A Simple Guide to NDIS Internal Reviews and Appeals
- February 16, 2026
Have you ever opened a letter from the NDIS, heart racing a little, only to find a “no” where you were hoping for a “yes”? Maybe they’ve knocked back an access request, or perhaps that piece of equipment your therapist recommended didn’t get the funding it needed.
First off, take a deep breath. It’s okay to feel frustrated, overwhelmed, or even a bit deflated. Navigating the NDIS can feel like learning a whole new language while trying to find your way through the Sydney CBD at rush hour. But here’s the good news: a “no” isn’t always the final word.
You have rights, and there are two main “tools” in your kit to help you speak up: Section 100 and Section 99. Let’s chat about what they actually mean for you.
Step 1: The "Second Look" (Section 100 Internal Review)
Think of a Section 100 as asking for a second opinion within the NDIS family. If you’re unhappy with a decision, you have the right to ask the NDIA to review it.
How does it work? A staff member who wasn’t involved in the first decision will look at your case with fresh eyes.
The Clock is Ticking: You generally have 3 months from the day you received the decision letter to ask for this review.
What should I say? This is your chance to share more of your story. Did they miss a report? Is there a new letter from your GP or specialist that explains things better? Focusing on your goals and how the support helps you live your best life is key here.
Step 2: The "Independent Check" (Section 99 External Appeal)
Sometimes, even after an internal review, the answer stays the same. If that happens, don’t lose heart. That’s where Section 99 comes in. This moves the conversation outside of the NDIS to the Administrative Review Tribunal (ART).
Why is this different? The ART is completely independent. They aren’t NDIS employees. They look at the law and your situation to see if the “correct and preferable” decision was made.
The Deadline: This one is a bit faster—you usually need to apply within 28 days of getting your internal review result.
Is it scary? It can sound formal, but the ART is designed to be accessible. For those of us here in Sydney, while they have an office in the city, many of these chats happen over the phone or via video, so you can stay in the comfort of your own home.
Section 100 vs. Section 99 – Quick Comparison
| Feature | Section 100 | Section 99 |
| Process | NDIA internal review | ART external appeal |
| Timing | Within 3 months of the decision | After Section 100 outcome (or certain exceptions) |
| Decision Maker | NDIA officer not involved in original decision | Independent ART member |
| Legally Binding? | No, NDIA may still change its decision internally | Yes, binding on the NDIA |
| Cost | Usually free | Usually free, but legal advice may cost |
Quick Tips for Our Sydney Community
Living in a busy city like Sydney, we know your time is precious. Here are a few friendly pointers to keep you on track and feeling confident as you navigate this process:
Act quickly: It’s easy for life to get in the way, but try to keep a close eye on your decision dates. Those timelines (3 months for internal, 28 days for external) are quite strict, so popping a reminder in your phone can be a lifesaver.
Document everything: Think of yourself as a storyteller. Every email, plan, therapist report, and medical letter is a piece of the puzzle that helps the reviewer see the full picture of your needs.
Seek support: You don’t have to be an expert in NDIS law! There are wonderful local advocacy organisations right here in Sydney, like People With Disability Australia (PWDA) or the NSW Council for Intellectual Disability, who can walk beside you and guide you through the process.
Stay organised: If you can, keep a dedicated folder (digital or physical) for your review and any Tribunal correspondence. Having everything in one spot makes the whole thing feel much more manageable and less like a mountain of paperwork.
You Don't Have to Do This Alone
We know that paperwork and “legalese” can feel like a lot, especially when you’re already busy managing daily life. But remember, you are the expert in your own life (or your child’s life).
If you’re feeling stuck, there are amazing advocacy groups right here in Sydney—like People with Disability Australia or local community legal centres—who spend their days helping people just like you navigate these exact steps.
You’ve got the strength and the right to be heard. Whether it’s a Section 100 or a Section 99, it’s all about making sure you get the support that helps you shine.