Request a review of a decision

This policy outlines the types of decisions the Ageing and Disability Commission (ADC) may review, the circumstances under which a review may be undertaken, how to request a review, and how we handle review requests.

While we are not legally obliged to review our decisions, we do consider requests for review and will undertake a review in certain circumstances.

If you are unhappy with a decision

If you are a relevant party in a matter the ADC is handling and you are unhappy with the decision we have made about the matter, the first step is to contact the ADC officer to discuss your concerns.

If you remain unhappy with the decision after discussion with the officer, you may request a review.

Complaints about the conduct of our staff, or about our policies or procedures, are considered to be a complaint and not a review. We handle complaints in line with our Complaints and Feedback Policy.

What is a review?

A review involves examining whether:

the decision we reached was reasonable and consistent with the Ageing and Disability Commissioner Act 2019 (the Act)
the process we used to reach the decision was fair and appropriate
the decision was adequately explained to relevant parties.

We will only review a decision once.

What decisions can be reviewed?

While the ADC cannot be required to do so, the ADC’s policy is to consider requests to review any decision:

not to take action on a report
not to investigate a report
to discontinue an investigation
to take protective action, or to not take protective action.

Who can request a review?

Review requests can be made by a ‘relevant party’. A relevant party is any individual or agency who, in the opinion of the ADC, has a genuine concern in the matter.

How do I request a review?

A request for a review can be made via:

Phone: 1800 628 221 or the relevant case officer
Mail: PO Box 40, Parramatta NSW 2124
Email: commissioner@adc.nsw.gov.au

We will provide assistance to seek a review when required – such as help to document the grounds for requesting a review.

Anyone may represent a person wishing to seek a review, with their consent (for example, an advocate, friend, family).

Review requests must:

state how or why the relevant party believes the reviewable decision is inappropriate or unreasonable, and/or
provide any new information that the relevant party believes is relevant to the reviewable decision.

Requests that do not include either a) or b) will be refused.

Initial assessment

We will acknowledge receipt of the request within two working days.

A Manager will consider the request and determine whether the decision will be reviewed.

We will undertake an initial assessment of the request, which will involve consideration of whether the request is being made by a relevant party, and consideration of the concerns outlined in the request, and the supporting information. We may undertake brief, preliminary inquiries to inform our assessment.

We will also consider the outcome sought by the person seeking a review, and whether resolution requires the involvement of, or referral to, other organisations.

If a Manager determines a review is warranted, they will assign a review officer to conduct the review. If the Manager determines that a review is not warranted, the relevant party will be advised that their review request has been declined and given reasons why the request has been declined. If a decision is made not to review a matter, the ADC will not accept any further requests to review the matter, unless significant new relevant information is provided.

The review process

Reviews are conducted by a member of staff who was not involved in the original decision. Where possible, reviews are conducted by a staff member who is more senior than the original decision maker.

The review officer will consider:

whether relevant policies and procedures were followed when making the decision
whether all relevant information was fairly and properly considered
the views of the relevant party
any new, relevant information.

The review will generally be completed within 20 working days from the request.

Review outcome

At the completion of the review, the review officer will make a recommendation to the Commissioner. Once the recommendation is approved by the Commissioner, you will be advised of the outcome in writing.

The outcome of the review will either be:

to affirm the original decision, or
to make a new decision in accordance with the Act in relation to the report.

A matter may only be reviewed once, and the review decision is final.

If you are not satisfied with our decision, you can make a complaint to the NSW Ombudsman. The NSW Ombudsman handles complaints about the conduct of NSW public sector agencies, including the ADC.

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Request for Review of a Decision Policy (PDF, 679.4 KB)
Request for Review of a Decision Policy Easy Read (PDF, 4.1 MB)

Last updated:

25 Oct 2023