What are T-documents?

After you file your application with the AAT, the NDIA must give all the relevant documents it has about you to the AAT. These are called ‘T-documents’. 

The NDIA must file the T-documents with the AAT within 28 days of you making an application, and also give you a copy. If this 28-day deadline passes and you haven’t got the T-documents, you should let the AAT know by email, so that they can follow up with the NDIA.

What should I do when I get the T-documents?

When you get the T-documents, you should read them carefully. This will help you understand the evidence the NDIA has about your case. This is really important because the NDIA sometimes forgets to include important documents in the T-documents, which prevents you and the AAT from being able to see them. 

Checking for missing documents

1. Check the index to see what has been included. The index will usually look something like the sample resource below:

Make sure all the evidence you submitted to the NDIA is listed here. This includes all relevant:

• Statements of lived experience
• Letters and statements of support from family, friends and supporters
• Expert reports (such as from doctors or allied health practitioners)
• Notes from planning conversations and meetings
• Correspondence between you and the NDIA

You should check your own records – including your email inbox and sent folder – to make sure the NDIA hasn’t missed anything. You should write down a list of any documents you think are missing.

2. Look for any records of the NDIA’s consideration of your case, and the reasons for their decision. This should include any internal notes made by the NDIA when considering your case – these are important as they can help you identify or understand the legal issues or facts that you and the NDIA disagree about.

These will often be documents you haven’t seen before, so it can be hard to know what should be included. Here are some examples of what to look for:

• If your case is about an issue or type of support the NDIA thinks is controversial, the NDIA may have gotten internal advice from one of their specialist teams like the Technical Advisory Branch (TAB). Sometimes, an NDIA planner or staff member will tell you directly that they have gotten that kind of advice. If this happens, you should look for:
• Any forms or correspondence used by the NDIA to refer the case to the TAB or other internal specialists for advice
• A written advice memo from the NDIA specialist body (eg the TAB), giving the NDIA an opinion about the right legal or policy approach to your case.
• If your case is about Home and Living Supports, including Specialist Disability Accommodation (SDA), Supported Independent Living (SIL) and/or Independent Living Options (ILO), the NDIA will have gotten a recommendation about your case from their internal ‘Home and Living Panel’.  In these cases, you should look for:
• A document referring your case to the Home and Living Panel
• The recommendation by the Home and Living Panel

3. Compare any documents you have requested and received from the NDIA, using a Participant Information Access (PIA) request or a Freedom of Information (FOI) request, with the T-documents to see if anything has been left out. You can see our fact sheet 'How to: Request access to documents about me from the NDIA' for more information about PIA and FOI requests.

In all cases, check there are interaction notes included that record the conversations you’ve had with the NDIA. 

You should check if documents are missing. If you think documents are missing from the T-documents, send a list of those documents in an email to the AAT and the NDIA’s lawyers.The AAT can then ask the NDIA to file any relevant missing documents and give you a copy.

Understanding the documents

The contents of the T-documents will vary, depending on your particular case. Here are some general tips for how to review them:

• As you read the documents, take notes or highlight bits you think are important. This will help you find those bits later.
• When you look over your evidence (including copies of reports and statements you have submitted), think about whether it supports the points you want to make to the AAT. If you want to make points that are not backed up by evidence in the T-documents, consider getting new evidence to support those points.
• Look carefully at any internal documents from the NDIA that you have not seen before. This could include interaction notes, or the Home and Living Panel documents described above. These can provide clues to how the NDIA has been considering your case, and the evidence they might be interested in.
• The T-documents will include copies of legislation and policy that the NDIA and the AAT may apply in your case. Don’t be intimidated if you find it hard to read them from start to finish, as they can be very technical. Instead, many people prefer to use them like a dictionary, to look up specific policies and sections of law that the NDIA or AAT refers to throughout the case.

As you will get the T-documents at the start of your case, it might not be clear straight away which parts are most relevant. It is a good idea to re-read the documents again after you receive a statement of issues from the NDIA. See 'How to: Read a Statement of Issues from the NDIA'

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.

Learn more

UpSkill 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 UpSkill at upskill@summerfoundation.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.