How to: Get the reasons why the NDIS has made a decision

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How to: Get the reasons why the NDIS has made a decision

This fact sheet was last reviewed on 10/08/2023. 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?'

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:

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.

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How to: Get the reasons why the NDIS has made a decision

Home

/

How to: Get the reasons why the NDIS has made a decision

This fact sheet was last reviewed on 10/08/2023. 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?'

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:

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.

Was this article helpful?

News

View more news & events