What a statement of reasons is
A statement of reasons is a written document that explains a government decision. Under the Administrative Review Tribunal Act 2024, a proper statement of reasons must:
- Set out the findings on material questions of fact
- Refer to the evidence or other material those findings are based on
- Explain the reasons for the decision
Your right to reasons under the NDIS Act
Section 100 of the NDIS Act says the NDIA must give written notice of a reviewable decision, and of the reasons for it, to each person directly affected. Reviewable decisions include access decisions, approving the supports in your plan, decisions to vary or not vary a plan, refusing a reassessment, and nominee decisions.
In practice the reasons in a decision letter or plan can be brief, for example a line saying a support was not considered reasonable and necessary. If that does not tell you what evidence was missing, ask. Call or write to the NDIA and ask which criteria were not met and what information was considered.
Requesting a formal statement of reasons
Once you have an internal review decision, that decision can go to the Administrative Review Tribunal. Under sections 268 and 269 of the Administrative Review Tribunal Act 2024, a person affected by such a decision can ask the decision maker, in writing, for a statement of reasons.
The decision maker must give it within 28 days of receiving the request. It can refuse if you ask more than 28 days after receiving the decision document, or if you have already been given a statement of reasons. If it refuses or does not respond in time, you can ask the Tribunal to decide whether the reasons must be given, and you can also ask the Tribunal to decide whether a statement is adequate.
Do not let a request for reasons cost you a deadline
Asking for reasons does not stop the clock on your review rights. Keep these limits in mind:
- Internal review: ask within 3 months of receiving the original decision notice. You can ask for the review and for more reasons at the same time
- Administrative Review Tribunal: apply within 28 days of receiving the internal review decision. If you are late, ask the Tribunal in writing for more time and explain why
Getting your NDIA file
Reasons explain the decision. Your file shows what the decision maker actually had in front of them, such as planning notes, reports and internal assessments. You can ask the NDIA for copies of your documents, and you have a formal right to request them under the Freedom of Information Act 1982 through the NDIA's freedom of information process.
If your case goes to the Administrative Review Tribunal, the NDIA must also give you and the Tribunal the documents from its file that are relevant to the review.
How to use the reasons in a review
Good reasons show you exactly what to fix. Go through them line by line and note each finding you disagree with and each piece of evidence the NDIA said was missing. Then gather evidence that answers those points, such as an updated therapy report that links a support to your disability and goals.
A free advocate, including one funded through the NDIS Appeals Program, can help you read the reasons and plan your response.