When a reviewable decision has been made, a person who is directly affected by the decision may make a request to the Agency to review that decision.
If the person is given written notice of the decision the review request must be made within three months of receiving the notice. [s100]
Making a Request
A person may make a request by:
- sending or delivering a written request to the Agency; or
- making an oral request.
(the person receiving the request must make a written record) [s100(4)]
While waiting for a decision by the reviewer, the person may wish to continue to advocate to the original decision-maker, who can vary the decision before the review is complete.
If a request is made for review and the reviewable decision is varied before a decision on the review is made, the request for review is taken to be for review of the decision as varied. [s101]
A request for review of a reviewable decision can be withdrawn by:
- sending or delivering a written notice to the Agency; or
- withdrawing the request orally
(the person receiving the withdrawal with must make a written record) [s102].
If a request is made for review of a reviewable decision, the Agency will assign a person to review the decision. This reviewer must have delegated authority to perform this function and be someone not involved in making the original decision. [s100(5)]
The reviewer must, as soon as reasonably practicable, make a decision:
- confirming the reviewable decision;
- varying the reviewable decision; or
- setting aside the reviewable decision and substituting a new decision [s100(6)].
According to Senate Committee submissions, the person should be able communicate with the reviewer, to ensure the person has a clear opportunity to present their case and the reviewer can clarify any issues that are unclear about the person’s case. The person could be assisted in these discussions by an advocate or support person. See navigating the NDIS for advocacy and other support options.
According to Senate Committee submissions, the reviewer may seek expert opinion in some matters, which shall be made available to the person and their support person.
Once the reviewer has made a decision, a full set of reasons and information about external review should be provided, according to Senate Committee submissions. The Administrative Appeals Tribunal Act 1975 (Cth) requires the Agency to inform and notify certain persons. Info
If the person is not satisfied with the outcome and would like to further pursue the matter:
- an application can be made to the Administrative Appeals Tribunal; or
- a complaint can be made to the Commonwealth Ombudsman.