Statement of Facts, Issues and Contentions (SFIC)
Before the hearing of an NDIS appeal, a Member or Registrar of the Administrative Review Tribunal (ART) will usually issue pre-hearing programming directions. These directions require each party to prepare and provide to the Tribunal and to each other, a written submission outlining their case by a specified date.
This requirement reflects Part 7 of the Administrative Review Tribunal (Common Procedures)
Practice Direction 2024.
That submission is called a Statement of Facts, Issues and Contentions, commonly referred to as a SFIC.
How to Start Your SFIC
Begin your SFIC with a brief introductory summary covering two things:
1. The Applicant
Include:
• Who the applicant is.
• Their age.
• Their disability or developmental delay.
• Their relationship to the participant (if applicable).
2. The Outcome You Want
Clearly and specifically describe what you want the Tribunal to decide.
Examples:
• The Applicant seeks a decision setting aside the NDIA’s decision and replacing it with a new
decision that includes sufficient capacity-building funding for a 20-hour-per-week Applied
Behaviour Analysis (ABA) therapy program, plus weekly speech pathology, for the next 12
months.
• The Applicant’s parents seek an increase in their son’s Supported Independent Living (SIL)
funding so that it covers 1:1 supports consisting of 8 hours of inactive overnight care, 8 hours
of active daytime care, and 8 hours of inactive daytime care, seven days per week.
• The Applicant seeks access to the NDIS on the basis that she meets the disability access
criteria.
Be precise. The Tribunal should be able to clearly understand what decision you want made from this section alone.
Breaking Down The Sections
What to Include
The “Facts” section should contain a chronological and factual summary of the evidence.
Do:
• Provide a clear timeline of the evidence (e.g. medical reports, therapy reports,
assessments, carers’ statements).
• Refer to each piece of evidence by:
o T-document reference number.
o Date, author (specialist or health professional) and author’s professional title.
• Use objective, neutral language.
• Stick to verifiable facts.
Do not:
• Include personal opinions.
• Use argumentative or inappropriate language.
• Include lengthy criticism of the NDIA’s conduct at the planning or internal review stage
Remember: The Tribunal’s role is to look at all information provided and decide whether the right decision was made.
Past NDIA delays, miscommunications or process failures are generally not relevant unless they directly affect the decision under review.
What Are the Issues?
These will usually relate to:
• The type of NDIS decision (e.g. access, funding, supports).
• The outcome sought.
• Any matters not resolved through dispute resolution.
Example:
The primary issue in dispute is whether a 20-hour-per-week ABA therapy program is a “reasonable
and necessary” early-intervention support for the Applicant over the next 12 months.
The sub-issues are whether the program represents value for money and whether it is effective and beneficial, having regard to the Applicant’s circumstances.
Keep this section short and focused.
This is the most important part of your SFIC.
The “Contentions” section explains why the Tribunal should make the decision you seek.
This is
where you can:
• Compare competing evidence.
• Address disputed facts.
• Explain why your evidence should be considered.
• Link the evidence to the NDIS legal tests (e.g. reasonable and necessary).
Example
Dr P, the NDIA’s expert, expressed the opinion that a 20-hour-per-week ABA program carries risks of harm and recommended a reduced intensity of 12 hours per week.
By contrast, the Applicant’s treating paediatrician, Dr A, recommended continuation of the
20-hour-per-week program. Dr A has reviewed the Applicant every six months over a four-year period and has directly observed significant developmental gains at this level of intensity. Dr A reported that lower-intensity therapy options trialled prior to ABA were less effective.
Dr A further expressed the view that discontinuation or reduction of the current program would place
the Applicant at risk of developmental regression and compromise her readiness for school in 2026.
Dr A’s evidence should be preferred to that of Dr P because Dr A has had sustained, in-person
clinical contact with the Applicant over several years and is independent of the NDIS. In contrast, Dr
P has never examined the Applicant in person and relied solely on a brief telehealth consultation
arranged by the NDIA’s legal representatives. This is an unreliable basis upon which to assess a
young child with Autism Spectrum Disorder Level 3 who has limited communication capacity.
Be respectful, factual, and focused on why the evidence supports your position.
• Use polite, neutral language.
• Include:
o ART case name and reference number in the header.
o Page numbers.
• Use numbered paragraphs.
• Ask someone else to proofread the final document.
• Email the SFIC by the due date to:
o [email protected], and
o the NDIA’s lawyer.
Unless a specific time is stated, submissions are generally due by close of business on the specified date.
If you need an extension:
1. Email [email protected] before the due date.
2. Copy in the NDIA’s lawyer.
3. Briefly explain:
o Why you need more time, and
o How much additional time you are requesting.
The Tribunal will usually ask the NDIA whether they consent. If an extension is granted, updated
directions will be issued.