This series of fact sheets was published on 08/10/2023. In October 2024, the Administrative Appeals Tribunal (AAT) was replaced by a new body called the Administrative Review Tribunal (ART). If you asked the AAT to review your NDIS decision before this, your case will have been automatically transferred to the ART.

While some of the ART’s processes are similar to the AAT, both the laws about how the Tribunal works, and the laws governing the NDIS, have now changed significantly. This means a lot of the information in these fact sheets may no longer be up to date or relevant to your circumstances.

These fact sheets provide general information and suggestions only. These fact sheets do 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?'.

This information in this factsheet was last updated by the Housing Hub on 08/10/2023.

It can be hard to understand why the NDIA has made a decision, as they often give very short or general reasons for their decisions. Sometimes, the NDIA does not give any reasons.  If the NDIA has made an internal review decision you are not happy with, and has not fully explained why it made that decision, you can ask them for detailed reasons for that decision. 

The NDIA does not normally give any reasons for initial decisions – that is, decisions that are not the outcome of a review – and only give reasons for an internal review. 

Requesting the reasons for an NDIS internal review outcome

If the NDIA makes an internal review decision you don’t agree with, you can ask for the reasons why they made their decision. The reasons might help you to decide whether to apply for an external review of the decision.

You have a right to ask for more detailed reasons for decisions made by the NDIA under section 28(1) of the Administrative Appeals Tribunal Act 1975 (Cth). You must ask in writing.

If the NDIA sent your internal review decision by email, you can make your request for reasons in a reply email. 

You should ask for more detailed reasons as soon as possible. 

IMPORTANT

You only have 28 days to make an application to the AAT after you receive an internal review decision. So you may need to apply to the AAT before you get a response to your request for better reasons. 

If the NDIA does not respond to your request for reasons, you should think about getting legal advice by contacting one of the organisations listed below at ‘Where can I get advice if I need help understanding my options?’.

(To learn about what is and what is not an internal review decision, please see our fact sheet ‘How to: request a review of an NDIS decision I don’t agree with’.)

What should a statement of reasons include?

A statement with detailed reasons from the NDIA should include:

• what the NDIA thought about key facts that were important to their decision
• an explanation of the evidence the NDIA used to make its findings
• the reasons why the NDIA made the decision

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:

• How to: Request a review of an NDIS decision that I don’t agree with
• How to: Apply to the AAT for an external review
• How to: Get the reasons why the NDIA has made a decision
• How to: Request access to documents about me from the NDIS
• How to: Ask for more time to apply to the AAT
• How to: Understand the T-Documents the NDIA files in my AAT case
• How to: Read a Statement of Issues from the NDIA
• How to: Complain if I think the NDIA is treating me unfairly
• How to: Ask for a Fast-Track Hearing at the AAT
• How to: Get ready for and attend a case conference
• How to: Deal with my NDIS Plan funding running out during my AAT appeal
• How to: Decide what evidence I need for my AAT appeal
• How to: Get ready for and attend a hearing at the AAT
• How to: Consider settlement offers from the NDIA
• How to: Understand some legal issues in NDIS appeals

Who made this factsheet?

Housing Hub and the Justice and Equity Centre (JEC) made this together in October 2023. From 2021 to 2024, JEC and Housing Hub worked together to provide advice and assistance to participants seeking SDA funding.

This factsheet was updated by the Housing Hub on 08/10/2023.

This factsheet is part of a series about challenging NDIS decisions.

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