Your Rights During the NDIS I-CAN v6 Assessment Process

What every participant and carer needs to know

Disclaimer: This article is for informational purposes only and does not constitute legal advice. It reflects publicly available information about participant rights under the NDIS Act 2013 and related legislation as at June 2026. If you need advice specific to your circumstances, contact a disability advocacy organisation or community legal centre.

Knowing your rights before you enter an NDIS I-CAN v6 assessment is not a luxury — it is one of the most important forms of preparation you can do. Many participants arrive at their assessment without a clear understanding of what they are entitled to, what protections exist, and what they can do if the process or outcome does not reflect their genuine support needs.

This guide covers your rights at every stage: before the assessment, during it, and after it — including your rights to review, appeal, and access independent support.

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Your Rights Under the NDIS Act 2013

The foundation of your rights as an NDIS participant is Part 4A of the NDIS Act 2013, which sets out the rights of participants and the obligations of the NDIA in their dealings with you. These rights are not advisory guidelines — they are legislated obligations.

Under the NDIS Act 2013, participants have the right to:

• Be treated with dignity and respect in all interactions with the NDIA and its representatives
• Receive clear information about decisions that affect them, including decisions about assessment, planning, and funding
• Participate actively in decisions about their supports and goals
• Have their privacy protected in accordance with the Privacy Act 1988 (Cwlth) and the Australian Privacy Principles
• Request a review of any NDIA decision they are dissatisfied with
• Access supports from disability advocacy organisations

Australia also ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in 2008, which affirms the rights of people with disability to participate fully in society, make their own decisions, and receive appropriate support. While the UNCRPD is not directly enforceable in Australian domestic law, it informs NDIS policy and provides a framework for understanding the intent of participant rights.

Additionally, the Disability Discrimination Act 1992 (Cwlth) prohibits discrimination on the grounds of disability in a wide range of areas — including access to services — which is relevant context for how assessments must be conducted.

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The Right to Prepare and to Have a Support Person

You have the right to be informed about your upcoming I-CAN v6 assessment with adequate advance notice, and to use that time to prepare. The NDIA is required to give you enough notice to gather documentation, understand the process, and prepare your responses across all 12 domains.

Preparation is not just permitted — it is encouraged. Providing the assessor with a written preparation document, updated clinical reports, and specific examples of daily challenges does not bias the assessment. It ensures that the assessment is based on complete and accurate information. See How to prepare for your I-CAN v6 assessment for a step-by-step guide.

You are entitled to have a support person present. This is one of the most important rights you hold during the assessment. A support person can be:

• A family member or carer who knows your daily life and support needs
• A Support Coordinator who understands the NDIS system and the assessment process
• A disability advocate who can ensure your rights are upheld during the assessment
• A trusted friend or another support worker

Your support person can provide context, add information you may have overlooked, and advocate on your behalf if they believe something has been misunderstood or overlooked. They cannot speak for you or take over the assessment, but their presence and contributions are legitimate and permitted.

Tip for carers: If you support a participant who has difficulty self-reporting — due to communication differences, cognitive disability, or significant anxiety — your role as a support person in the assessment is particularly valuable. Prepare your own notes about the daily support you provide, domain by domain, and be ready to contribute this information clearly.

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The Right to an Accessible Assessment

The I-CAN v6 assessment must be accessible to you — not accessible in principle only, but in practice. This includes accommodating your specific communication, language, physical, sensory, and disability-related needs.

Interpreter rights. If English is not your first language, or if your disability affects your ability to communicate in English, the NDIA should arrange a qualified interpreter for the assessment. You should not be asked to provide your own interpreter. If an interpreter has not been arranged and you need one, contact the NDIA before your assessment date to request this.

Communication adjustments. If you use Augmentative and Alternative Communication (AAC), sign language, or other communication methods, the assessment should be conducted in a way that accommodates this. Assessors are required to be responsive to communication differences. If you have specific communication needs, notify the NDIA and your assessor in advance.

Physical access. If you have mobility or physical support needs that affect where and how the assessment can be conducted, the NDIA should accommodate reasonable requests — including conducting the assessment in your home, a familiar community setting, or via telehealth.

Telehealth option. If travelling to an assessment location is difficult due to your disability, remoteness, or other circumstances, telehealth is a legitimate option. Raise this with the NDIA or your Support Coordinator when your assessment is being scheduled.

Scheduling flexibility. If your condition fluctuates significantly — for example, if fatigue, pain, or mental health affects your capacity at particular times of day — you can request that the assessment be scheduled at a time when you are most likely to be representative, rather than at your best or worst.

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The Right to Privacy and Data Protection

All information collected during your I-CAN v6 assessment is subject to the Privacy Act 1988 (Cwlth) and the Australian Privacy Principles (APPs). The NDIA is required to handle your personal and health information in accordance with these obligations.

Your privacy rights include:

• The NDIA can only collect information that is directly necessary for the purposes of the assessment and your plan
• Your information must be stored securely and cannot be shared with third parties except in defined circumstances (including as required by law, or with your consent)
• You have the right to access the personal information the NDIA holds about you, including your assessment report and any supporting documentation on file
• You have the right to request correction of inaccurate information

To access your personal information held by the NDIA, you can submit a request through the myNDIS portal or in writing to the NDIA. The NDIA is required to respond to access requests within a reasonable timeframe.

What the NDIA uses your information for: Your assessment information is used to determine your support needs and construct your plan. It may also be used for broader scheme evaluation and data analysis purposes, typically in de-identified form. The NDIA's privacy policy (available at ndis.gov.au) sets out its obligations in full.

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The Right to See Your Assessment Report

You have the right to receive a copy of your I-CAN v6 assessment report. This is the document the assessor submits to the NDIA — the record of your functional capacity ratings across all 12 domains.

Why this matters: Reviewing your assessment report allows you to:

• Verify that the assessor accurately captured what you described
• Identify any domain where your needs may have been understated or misrepresented
• Build informed grounds for an internal review if you believe the outcome is inaccurate
• Keep an accurate record of your assessed functional capacity over time

How to request your report: Contact the NDIA on 1800 800 110 or through the myNDIS portal and request a copy of your assessment report. The NDIA should provide this to you as part of your right to access your own personal information under the Privacy Act 1988.

What to do if you spot errors: If you believe your assessment report contains factual errors — for example, if it states you can perform a task independently that you cannot — note these specifically and raise them promptly. An error in the report can affect your plan funding, and correcting it early is easier than challenging a plan outcome after the fact. If necessary, your Support Coordinator or a disability advocate can assist you in raising concerns with the NDIA.

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The Right to Disagree: The Internal Review Process

If you receive a plan that you believe does not accurately reflect your support needs — or if the NDIA makes any other decision that you disagree with — you have the right to request an internal review.

Key details about the internal review process:

• You must request a review within 3 months of receiving the decision you are challenging
• You apply for an internal review through the NDIA — contact them on 1800 800 110 or apply through the myNDIS portal
• The internal review is conducted by a different NDIA officer than the one who made the original decision
• The NDIA must give you written reasons for any decision and for the outcome of your internal review
• There is no cost to you for requesting an internal review

What to include in your review request:

• A clear statement of which specific decision you are challenging
• Your reasons for believing the decision is incorrect, with as much supporting evidence as possible
• Any additional documentation that was not available at the time of the original assessment
• Your preparation document, journal notes, and any clinical reports that support your position

Tip: If you are approaching the 3-month deadline but are not yet ready to submit a fully documented review request, contact the NDIA promptly and indicate your intent to request a review. Do not let the deadline pass while gathering evidence.

The internal review process typically takes several weeks. If you need support preparing your review request, your Support Coordinator, a disability advocate, or a community legal centre can assist.

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The Right to Appeal: The Administrative Review Tribunal

If you remain dissatisfied after the NDIA's internal review, you have the right to apply for external review by the Administrative Review Tribunal (ART).

What is the ART? The Administrative Review Tribunal is an independent federal body that reviews the merits of decisions made by government agencies, including the NDIA. It is completely independent of the NDIA — it does not have a conflict of interest in reviewing NDIA decisions. Previously known as the Administrative Appeals Tribunal (AAT), it was reconstituted as the ART in 2024 as part of broader federal administrative law reform.

When to use the ART:

• After you have completed the NDIA internal review process and are still dissatisfied with the outcome
• The ART reviews the merits of the decision — that is, whether the right decision was made based on the evidence, not just whether proper process was followed

How to apply:

• Apply online through the ART's website at aat.gov.au
• There are strict time limits for filing an ART application — check the current requirements at the time of your application
• You do not need a lawyer to apply, but legal representation is available and may be helpful for complex cases

Legal assistance options:

• Community Legal Centres — free legal advice available in most states and territories; visit communitylegalcentres.org.au to find your nearest
• Disability Advocacy Network Australia (DANA) — can refer you to advocacy and legal assistance
• State-based Legal Aid services — may provide assistance for ART matters; eligibility varies by state
• Disability Rights Advocacy Service (DRAS) and equivalent state organisations

Note: The ART process can be lengthy and is genuinely adversarial — the NDIA will defend its decision. Before proceeding to the ART, explore whether additional evidence or a further internal review discussion with the NDIA could resolve the matter. Legal advice is strongly recommended before filing.

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The Right to Complain About Assessor Conduct

Your rights during the assessment extend to the behaviour and professionalism of the assessor themselves. Assessors conducting I-CAN v6 assessments must meet NDIA accreditation requirements and adhere to professional conduct obligations — including conflict of interest rules under the NDIS Rules.

If you believe your assessor:

• Behaved in an unprofessional, disrespectful, or discriminatory manner
• Had a conflict of interest they did not declare
• Conducted the assessment in a way that was not consistent with the I-CAN v6 framework
• Made you feel unsafe or unable to describe your genuine needs

You have the right to:

• Stop the assessment at any time if you feel unsafe or the process is inappropriate
• Request a different assessor through the NDIA
• Make a formal complaint to the NDIS Quality and Safeguards Commission — on 1800 035 544 or at ndiscommission.gov.au

Complaints about assessor conduct are separate from complaints about NDIA decisions. If you are dissatisfied with a decision, that goes through the internal review process or the ART. If you have a complaint about an assessor's behaviour, that goes to the NDIS Quality and Safeguards Commission.

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External Advocacy and Support Organisations

You do not have to navigate any of this alone. A range of organisations exist specifically to support NDIS participants in understanding their rights, preparing for assessments, and challenging decisions.

Disability Advocacy Network Australia (DANA) The peak body for disability advocacy in Australia. DANA can connect you with your nearest independent advocacy organisation. Website: dana.org.au

People with Disability Australia (PWDA) A national disability rights and advocacy organisation led by people with disability. Website: pwd.org.au

Disability Rights Advocacy Service (DRAS) Provides advocacy assistance in Queensland, with similar organisations operating in every state and territory.

State and territory advocacy organisations Every state and territory has independent disability advocacy organisations that can assist with NDIS-related matters. Contact DANA for a referral to your nearest service.

NDIS Quality and Safeguards Commission For complaints about providers and assessors, and for information about NDIS participant rights. Phone: 1800 035 544 Website: ndiscommission.gov.au

Commonwealth Ombudsman If you believe the NDIA has acted improperly in an administrative sense — for example, unreasonable delay, failure to follow its own processes, or poor communication — you can make a complaint to the Commonwealth Ombudsman at ombudsman.gov.au.

Community Legal Centres Free legal advice is available across Australia through community legal centres. They can assist with NDIS review processes and ART applications. Website: communitylegalcentres.org.au

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Prepare for Your I-CAN v6 Assessment with ICANReady

Knowing your rights is the first step. Being thoroughly prepared across all 12 I-CAN domains is the second — and together, they give you the best possible foundation for an assessment that accurately reflects your genuine support needs.

ICANReady is a document preparation tool built specifically for NDIS participants and carers preparing for the I-CAN v6 assessment. It guides you through all 12 I-CAN domains in plain language and generates a structured preparation document you can bring to your assessment — available at launch for AUD $29.

Join the ICANReady waitlist — it's free →

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Frequently Asked Questions

What are my most important rights during the I-CAN v6 assessment?

Your most important rights are: the right to adequate preparation time before the assessment; the right to have a support person present (family member, carer, Support Coordinator, or advocate); the right to an accessible assessment including interpreters and reasonable adjustments for your disability; the right to receive a copy of your assessment report; and the right to request an internal review of any NDIA decision within 3 months of receiving it.

Can I refuse to participate in the I-CAN v6 assessment?

Yes — participation in the I-CAN v6 assessment is voluntary under the NDIS Act 2013. However, refusing to participate may mean the NDIA cannot determine your functional support needs, which could affect your plan funding and the supports available to you. If you are considering refusing, discuss the practical implications with a Support Coordinator or disability advocate before making a decision.

What if the assessor behaves inappropriately or I feel unsafe?

You have the right to stop the assessment at any time if you feel unsafe or if the assessor's conduct is inappropriate. Once the assessment has been stopped, you can contact the NDIA to report the situation and request a different assessor. You can also make a formal complaint about the assessor's conduct to the NDIS Quality and Safeguards Commission on 1800 035 544 or at ndiscommission.gov.au. A complaint about assessor conduct is separate from any challenge to the plan outcome.

How do I make a complaint about my I-CAN v6 assessment?

There are two separate complaint pathways, depending on what you are complaining about. If your complaint is about an NDIA decision — such as your plan funding level or the outcome of the assessment — you apply for an internal review through the NDIA (1800 800 110 or myNDIS portal) within 3 months. If your complaint is about the conduct of the assessor — their behaviour, professionalism, or how they conducted the assessment — that complaint goes to the NDIS Quality and Safeguards Commission on 1800 035 544.

What is the Administrative Review Tribunal (ART) and when do I need it?

The Administrative Review Tribunal (ART) is an independent federal body that reviews the merits of government agency decisions, including NDIA decisions. You can apply to the ART after completing an NDIA internal review if you are still dissatisfied with the outcome. The ART is entirely independent of the NDIA and conducts a fresh merits review of the decision. You do not need legal representation to apply, but it is available and often beneficial for complex matters. Legal assistance can be accessed through community legal centres, state Legal Aid services, or disability advocacy organisations.

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Sources: NDIS Act 2013 — Part 4A Participant Rights, Privacy Act 1988 (Cwlth) — Australian Privacy Principles, Administrative Review Tribunal, NDIS Quality and Safeguards Commission, NDIS website — Participant rights, Disability Advocacy Network Australia, UN Convention on the Rights of Persons with Disabilities, Disability Discrimination Act 1992 (Cwlth)