Last Updated on 05/11/2025 by Damin Murdock

Decisions made by Insurance and Care NSW (iCare) can have significant impacts on individuals and businesses. To ensure fairness and accountability, these decisions are subject to a structured, multi-stage review process. This process begins with an internal review, followed by the possibility of an external review at the NSW Civil and Administrative Tribunal (NCAT), and in certain cases, further judicial review in the courts. Understanding the procedures, requirements, and timelines at each stage is crucial for anyone seeking to challenge an iCare decision.

Internal Review

The first step is to request an internal review of the original iCare decision.

  • Timeframe: An application must generally be lodged within 28 days of receiving the decision or becoming aware of it.
  • Form of Application: The review request must be made in writing, stating the full grounds of review. Applicants may complete iCare’s official internal review form or submit the required details in writing.

The application should include:

  • Details of the decision to be reviewed;
  • The outcome sought (the alternative decision requested);
  • The specific parts of the decision being challenged;
  • Reasons for believing the decision should be changed; and
  • Any additional supporting information.

Importantly, the review must be conducted by a person who was not involved in making the original decision and who holds at least the same level of seniority as the original decision-maker. This ensures impartiality and procedural fairness.

External Review at NCAT

If the applicant is dissatisfied with the outcome of the internal review, they may apply for an administrative review at NCAT.

  • Grounds for Review: The application should clearly set out the grounds of challenge and include all relevant evidence.
  • Timeframe: Applications must be lodged within the prescribed period following the internal review decision. Extensions may be possible in certain circumstances but should not be assumed.

At this stage, NCAT has the power to:

  • Affirm the original decision;
  • Vary the decision; or
  • Set aside the decision and substitute a new one.

Further Appeal Options

NCAT’s decisions are not always the final word. Further avenues include:

  • Appeal to NCAT Appeal Panel: Limited to questions of law. This means the appeal cannot reargue the facts but must show that NCAT applied the law incorrectly.
  • Judicial Review in the Courts: Available in cases of jurisdictional error or legal mistakes. Judicial review does not reconsider the merits of the case but examines whether the decision-making process complied with the law.

Key Considerations

There are several practical points to bear in mind when pursuing a review of an iCare decision:

  1. Sequential Process: In most cases, applicants must first seek an internal review before applying to NCAT. Skipping stages may invalidate the application.
  2. Provision of Information: Applicants must provide all requested and relevant information. Failure to do so may result in the application being refused.
  3. Agency Cooperation: Agencies, including iCare, are expected to cooperate and provide relevant material to ensure a “just, quick and cheap resolution” of disputes.
  4. Strict Time Limits: Each stage of the review process has set deadlines. While extensions may sometimes be granted, late applications can seriously jeopardise a case.
  5. Possible Outcomes: Applicants should be aware that a review does not guarantee a more favourable outcome. The reviewing body may confirm, vary, or overturn the original decision.

Conclusion

The review process for iCare decisions is designed to balance accountability with procedural fairness. From the initial internal review through to external review at NCAT, and potential judicial oversight, applicants have multiple avenues to challenge decisions that affect them. However, success often depends on a clear understanding of the process, strict adherence to timeframes, and thorough presentation of evidence.

For individuals or organisations considering a challenge, obtaining legal advice at an early stage can be invaluable in navigating the complexities of the review process and maximising the prospects of a favourable outcome. Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.

DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.

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Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."