How to: Ask for a Fast-Track Hearing at the AAT

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How to: Ask for a Fast-Track Hearing at the AAT

This fact sheet was last reviewed on 10/10/2023. Please note that the law and practices relating to NDIS appeals change frequently. The fact sheet provides general information and suggestions only. The fact sheet does not provide legal advice, and might not apply to your circumstances. If you need legal advice, you can find an advocate or a lawyer to help you using the links below at ‘Where can I get advice if I need help understanding my options?'

Cases at the Administrative Appeals Tribunal (“AAT”) often face long delays and take many months to resolve. If your case is urgent and you are properly prepared, you can ask for a Fast-Track Hearing so your case gets finalised more quickly. The NDIA cannot request a Fast-Track Hearing – only you can.

Because of the short timeframes, Fast-Track Hearings are most appropriate for cases where people have already submitted most or all of their evidence, and where the disagreement with the NDIA is about how to interpret the evidence and the law.

What is the timeline for a Fast-Track Hearing?

If the AAT schedules a Fast-Track Hearing your case will be heard within 6 weeks.

Both you and the NDIA will need to send any extra evidence and information at least 14 days before the hearing and any written summary of your position and/or arguments at least 7 days before the hearing.

There is no set time for the AAT to make a final decision about your case after the Fast-Track Hearing. The time will depend on how complex the issues are in your case.

Once a Fast-Track Hearing process starts, it generally cannot be delayed unless there are very good reasons. You should think carefully about whether a Fast-Track Hearing is best for your case – see below ‘What are the benefits and risks of a Fast-Track Hearing?’.

When will the AAT agree to a Fast-Track Hearing?

The AAT says it will agree to a Fast-Track Hearing if:

1. You have all the information and evidence the AAT will need to consider to decide your case, or you can get and submit any additional information and evidence you need before the Fast-Track Hearing date.

AND

2. The AAT thinks that a Fast-Track Hearing wouldn’t disadvantage you or the NDIA.

1. All information and evidence will be available by the Fast-Track Hearing

If the AAT schedules a Fast-Track Hearing, your hearing will be held within 6 weeks. 

All evidence for your case must be provided to the AAT at least 14 days (2 weeks) before the Fast-Track Hearing, so you will only have about 4 weeks to gather and submit the evidence.

You should try to have as much of your evidence as possible before making a request for a Fast-Track Hearing. In particular, you should identify and speak to any experts you will need evidence from, to make sure they can produce a report by the time you need it. (For more information, see our fact sheet 'How to: Decide what evidence I need for my AAT appeal'.

2. A Fast-Track Hearing would not disadvantage either you or the NDIA

The AAT will consider your circumstances and the issues in your case when deciding whether a Fast-Track Hearing might disadvantage you or the NDIA. The AAT might look at:

  • If the NDIA will be able to get all the evidence it needs in time
  • If important people for either side (like witnesses, lawyers, or support people) will be available for a Fast-Track Hearing;

Any other external things that would prevent you or the NDIA from presenting your case properly – such as holidays or natural disasters.

What are the benefits and risks of a Fast-Track Hearing?

The most obvious benefit of a Fast-Track Hearing is that your case could be resolved much more quickly. This can be a big help if your unsupported disability needs are high, or your personal situation is bad or getting worse.

Asking for a Fast-Track Hearing might also help to speed up negotiations between you and the NDIA, and possibly lead to a settlement before the hearing.

But there are also significant risks to a Fast-Track Hearing, including:

  • If you aren’t able to get all your evidence in time for the Hearing, you might not be able to argue your case as strongly. If you are missing important evidence, you are less likely to win your case.
  • If you don’t have a lawyer or an advocate helping with your case, but would like to have one for the hearing, you might not have enough time to find one.
  • The AAT will not change or reschedule a Fast-Track Hearing date without a very good reason. If you are not able to attend on the scheduled hearing date, your case could be dismissed.

Think about these benefits and risks carefully before deciding if a Fast-Track Hearing is a good idea for your case. If you aren’t sure, you can think about getting legal advice from one of the organisations listed below at ‘Where can I get advice if I need help understanding my options?’.

How do I ask for a Fast-Track Hearing?

You can ask for a Fast-Track Hearing at any case conference with the AAT. (For more information, see our upcoming fact sheet “What happens at a case conference?”). 

You should ask as early as possible. The AAT says you should think about whether to ask for a Fast-Track Hearing before your first case conference. 

When you ask for a Fast-Track Hearing, you should clearly explain:

  • What evidence you and the NDIA have already given to the AAT
  • Any new evidence you want to give to the AAT before the hearing and what your plan is for getting it to them at least 2 weeks before the Hearing
  • The reasons you have for wanting a Fast-Track Hearing – for example, if your case is about supports that are urgently needed or time-sensitive

If you decide to ask for a Fast-Track Hearing, we suggest you send an email to the AAT and the NDIA’s lawyers to let them know before you make the request. This is not a legal requirement, but will give the AAT and the NDIA’s lawyers a chance to consider your request and be ready to discuss it at the case conference.

At the case conference, there is no special form or words needed to ask for a Fast-Track Hearing. You could say something like: “I would like to ask the Tribunal to schedule a Fast-Track Hearing for my case.”

Once you ask for a Fast-Track Hearing, the AAT might ask you questions to make sure you understand the Fast-Track Hearing process and will be ready in time, and to understand why you are asking for a Fast-Track Hearing. The AAT might also ask the NDIA about any concerns they have.

The AAT might make a decision about a Fast-Track Hearing straight away; or it might say it will consider it and let you know later. 

If the AAT decides on a Fast-Track Hearing, you will receive Directions and/or a Hearing Listing from the AAT in writing via email or post confirming the hearing date.

Where can I get advice if I need help understanding my options?

You may be able to get advice about your options for requesting a review and help with other questions about the NDIS from a legal service. It will depend on the type of problem you have, and where you are located.

If you need help from a lawyer, National Legal Aid has the contact details for your local Legal Aid office.

If you need help from an advocate, the AskIzzy Disability Advocacy Finder is an online tool to help you find to search for advocacy providers using your suburb or postcode.

You can also look at our other fact sheets about this, including:

Learn more

Housing Hub Training has a recorded webinar about the NDIS appeal process and the role of the AAT. Visit the website here to enrol and learn more.

People with disability and their families can email Housing Hub Training at training@housinghub.org.au for free access to this webinar.

Who made this factsheet?

The Housing Hub and the Public Interest Advocacy Centre (PIAC) made this together. Since 2021, PIAC and the Housing Hub have worked together to provide advice and assistance to participants seeking SDA funding. This factsheet is part of a series about challenging NDIS decisions.

News

View more news & events

How to: Ask for a Fast-Track Hearing at the AAT

Home

/

How to: Ask for a Fast-Track Hearing at the AAT

This fact sheet was last reviewed on 10/10/2023. Please note that the law and practices relating to NDIS appeals change frequently. The fact sheet provides general information and suggestions only. The fact sheet does not provide legal advice, and might not apply to your circumstances. If you need legal advice, you can find an advocate or a lawyer to help you using the links below at ‘Where can I get advice if I need help understanding my options?'

Cases at the Administrative Appeals Tribunal (“AAT”) often face long delays and take many months to resolve. If your case is urgent and you are properly prepared, you can ask for a Fast-Track Hearing so your case gets finalised more quickly. The NDIA cannot request a Fast-Track Hearing – only you can.

Because of the short timeframes, Fast-Track Hearings are most appropriate for cases where people have already submitted most or all of their evidence, and where the disagreement with the NDIA is about how to interpret the evidence and the law.

What is the timeline for a Fast-Track Hearing?

If the AAT schedules a Fast-Track Hearing your case will be heard within 6 weeks.

Both you and the NDIA will need to send any extra evidence and information at least 14 days before the hearing and any written summary of your position and/or arguments at least 7 days before the hearing.

There is no set time for the AAT to make a final decision about your case after the Fast-Track Hearing. The time will depend on how complex the issues are in your case.

Once a Fast-Track Hearing process starts, it generally cannot be delayed unless there are very good reasons. You should think carefully about whether a Fast-Track Hearing is best for your case – see below ‘What are the benefits and risks of a Fast-Track Hearing?’.

When will the AAT agree to a Fast-Track Hearing?

The AAT says it will agree to a Fast-Track Hearing if:

1. You have all the information and evidence the AAT will need to consider to decide your case, or you can get and submit any additional information and evidence you need before the Fast-Track Hearing date.

AND

2. The AAT thinks that a Fast-Track Hearing wouldn’t disadvantage you or the NDIA.

1. All information and evidence will be available by the Fast-Track Hearing

If the AAT schedules a Fast-Track Hearing, your hearing will be held within 6 weeks. 

All evidence for your case must be provided to the AAT at least 14 days (2 weeks) before the Fast-Track Hearing, so you will only have about 4 weeks to gather and submit the evidence.

You should try to have as much of your evidence as possible before making a request for a Fast-Track Hearing. In particular, you should identify and speak to any experts you will need evidence from, to make sure they can produce a report by the time you need it. (For more information, see our fact sheet 'How to: Decide what evidence I need for my AAT appeal'.

2. A Fast-Track Hearing would not disadvantage either you or the NDIA

The AAT will consider your circumstances and the issues in your case when deciding whether a Fast-Track Hearing might disadvantage you or the NDIA. The AAT might look at:

  • If the NDIA will be able to get all the evidence it needs in time
  • If important people for either side (like witnesses, lawyers, or support people) will be available for a Fast-Track Hearing;

Any other external things that would prevent you or the NDIA from presenting your case properly – such as holidays or natural disasters.

What are the benefits and risks of a Fast-Track Hearing?

The most obvious benefit of a Fast-Track Hearing is that your case could be resolved much more quickly. This can be a big help if your unsupported disability needs are high, or your personal situation is bad or getting worse.

Asking for a Fast-Track Hearing might also help to speed up negotiations between you and the NDIA, and possibly lead to a settlement before the hearing.

But there are also significant risks to a Fast-Track Hearing, including:

  • If you aren’t able to get all your evidence in time for the Hearing, you might not be able to argue your case as strongly. If you are missing important evidence, you are less likely to win your case.
  • If you don’t have a lawyer or an advocate helping with your case, but would like to have one for the hearing, you might not have enough time to find one.
  • The AAT will not change or reschedule a Fast-Track Hearing date without a very good reason. If you are not able to attend on the scheduled hearing date, your case could be dismissed.

Think about these benefits and risks carefully before deciding if a Fast-Track Hearing is a good idea for your case. If you aren’t sure, you can think about getting legal advice from one of the organisations listed below at ‘Where can I get advice if I need help understanding my options?’.

How do I ask for a Fast-Track Hearing?

You can ask for a Fast-Track Hearing at any case conference with the AAT. (For more information, see our upcoming fact sheet “What happens at a case conference?”). 

You should ask as early as possible. The AAT says you should think about whether to ask for a Fast-Track Hearing before your first case conference. 

When you ask for a Fast-Track Hearing, you should clearly explain:

  • What evidence you and the NDIA have already given to the AAT
  • Any new evidence you want to give to the AAT before the hearing and what your plan is for getting it to them at least 2 weeks before the Hearing
  • The reasons you have for wanting a Fast-Track Hearing – for example, if your case is about supports that are urgently needed or time-sensitive

If you decide to ask for a Fast-Track Hearing, we suggest you send an email to the AAT and the NDIA’s lawyers to let them know before you make the request. This is not a legal requirement, but will give the AAT and the NDIA’s lawyers a chance to consider your request and be ready to discuss it at the case conference.

At the case conference, there is no special form or words needed to ask for a Fast-Track Hearing. You could say something like: “I would like to ask the Tribunal to schedule a Fast-Track Hearing for my case.”

Once you ask for a Fast-Track Hearing, the AAT might ask you questions to make sure you understand the Fast-Track Hearing process and will be ready in time, and to understand why you are asking for a Fast-Track Hearing. The AAT might also ask the NDIA about any concerns they have.

The AAT might make a decision about a Fast-Track Hearing straight away; or it might say it will consider it and let you know later. 

If the AAT decides on a Fast-Track Hearing, you will receive Directions and/or a Hearing Listing from the AAT in writing via email or post confirming the hearing date.

Where can I get advice if I need help understanding my options?

You may be able to get advice about your options for requesting a review and help with other questions about the NDIS from a legal service. It will depend on the type of problem you have, and where you are located.

If you need help from a lawyer, National Legal Aid has the contact details for your local Legal Aid office.

If you need help from an advocate, the AskIzzy Disability Advocacy Finder is an online tool to help you find to search for advocacy providers using your suburb or postcode.

You can also look at our other fact sheets about this, including:

Learn more

Housing Hub Training has a recorded webinar about the NDIS appeal process and the role of the AAT. Visit the website here to enrol and learn more.

People with disability and their families can email Housing Hub Training at training@housinghub.org.au for free access to this webinar.

Who made this factsheet?

The Housing Hub and the Public Interest Advocacy Centre (PIAC) made this together. Since 2021, PIAC and the Housing Hub have worked together to provide advice and assistance to participants seeking SDA funding. This factsheet is part of a series about challenging NDIS decisions.

News

View more news & events