If you are a solicitor or legal representative acting for an NDIS participant in an Administrative Review Tribunal matter or NDIA appeal, an independent Occupational Therapy Functional Capacity Assessment can be a powerful piece of evidence. The value of the report depends on how the instruction is framed, what information the assessor has to work with, and how well the assessment is tailored to the issues in the matter.

The role of an independent OT in ART proceedings

An Occupational Therapist instructed for an ART matter is not an advocate. The OT’s role is to assess and report independently on the participant’s functional capacity as observed at the time of assessment. This independence is both the strength and the constraint of the evidence — and it is precisely what gives the report credibility with ART members and NDIA staff.

Before you make the instruction — questions to consider

Fluctuation

Is an FCA the right evidence for this matter?

An independent FCA is most useful where the central issue is the functional impact of disability. If the primary issue is diagnosis, prognosis, or causation, other expert evidence may be more appropriate.

What is the specific issue or gap in the evidence?

The most useful instructions identify the specific gap the FCA is intended to fill — for example, that the original NDIA decision was made without in-home functional observation, or that the participant’s psychosocial disability has not been adequately documented in functional terms.

What documentation should you provide?

Relevant documents typically include the NDIA decision under review and any statement of reasons, previous NDIS plans, existing functional assessments or OT reports, and medical or psychiatric reports relevant to the functional domains in issue.

What are your timeline requirements?

Confirm reporting deadlines and hearing dates before making an instruction so the OT can confirm whether the required turnaround is achievable. Assessments that are rushed produce worse evidence.

How to frame the instruction

A clear letter of instruction should cover: the nature of the matter and the key functional issues in dispute; specific questions for the report to address rather than a request for a general FCA; any relevant procedural requirements including expert witness obligations; and preferred contact details and communication preferences.

What the report will contain

An independent FCA report prepared by Sina OT for ART matters covers the full range of NDIS functional domains, with findings grounded in direct observation in the participant’s home environment, structured interview, review of relevant documentation, and standardised assessment where clinically appropriate. Reports are prepared in a format suitable for submission as evidence in ART proceedings.

Practical information

Sina OT accepts instructions from solicitors and legal representatives across Australia. In-person assessments are available across Adelaide and South Australia, Melbourne, and Sydney. Initial enquiries are welcome before a formal instruction is ready.

Refer to Sina OT

Sina OT is an independent Occupational Therapy practice providing Functional Capacity Assessments across Adelaide, Melbourne and Sydney. All assessments are completed by experienced, registered Occupational Therapists. Services are available in English and Farsi (Persian). 400+ FCAs completed.