Our reference: FOI 24/25-0253
GPO Box 700
Canberra ACT 2601
29 October 2024
1800 800 110
ndis.gov.au
David Wright
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 28 August 2024
(your correspondence), seeking
access under the
Freedom of Information Act 1982 (FOI Act) to documents held by the
National Disability Insurance Agency
(NDIA).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You have requested access to the fol owing documents:
“…The NDIA's Independent Expert Review Program Evaluation Report (October 2023)
states that the average cost for the NDIA in participating in a 2.5 day hearing at the
Administrative Appeals Tribunal (AAT) was $29,899 - being the cost of hearing days
only. This equated to an average of $11,959.60 per hearing day.
Please provide the following information for the 2023-2024 financial year, for all AAT
matters to which the NDIA was a Respondent:
1. For all AAT matters that went to hearing, the overall average number of days that a
matter was at hearing, and the overal average daily cost per matter incurred by the
NDIA in participating in those hearings (being the cost of hearing days only).
2. For all AAT matters, including those matters that did not go to hearing, the average
total monthly cost per matter incurred by the agency in being a Respondent in these AAT
matters (e.g. legal costs, costs associated with the engagement of expert witnesses
etc)…”
Extension of time
On 25 September 2024, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 27 October 2024 the new date to provide you with a decision on access.
Expiration of time
As we were not able to complete your application by the legislated due date of 27 October
2024, your application is regarded as a deemed refusal under section 15AC of the FOI Act.
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Despite this, I have continued to process your application. I apologise for the delay and
confirm that you retain your right to seek external review of this decision. Details are set out
in
Attachment B to this letter.
Search efforts
The NDIA’s Legal Practice and Capability Branch searched for and were able to create a
document pursuant to section 17 of the FOI Act.
Section 17(1)(c) of the FOI Act provides that an agency can produce a written document
containing the requested information, by the use of a computer or other equipment that is
ordinarily available for retrieving or collating stored information. We have been able to
produce a document containing the information you requested. I have, therefore, treated
your request as if it were a request for access to this document in accordance with section
17(1)(c) of the FOI Act.
I have identified one (1) document, which falls within the scope of your request.
Decision
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your
request and the reasons for my decision are set out below.
I have decided to:
• grant access to 1 document in full
In reaching my decision, I took the fol owing into account:
• your correspondence outlining the scope of your request
• the nature and content of the document falling within the scope of your request
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI Act
• the result of consultation with relevant NDIA staff
• factors relevant to my assessment of whether or not disclosure would be in the public
interest
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are enclosed.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment B.
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Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email
at xxx@xxxx.xxx.xx.
Yours sincerely
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Schedule of Documents for FOI 24/25-0253
Document
Page
Description
Access Decision
Comments
number
number
1
1
Section 17 Document
FULL ACCESS
Document created under
section 17 of the FOI Act
1
Attachment B
Your review rights
As this matter was a deemed refusal, internal review of this decision is not an option.
However, if you have concern with any aspect of this decision, please contact the NDIA FOI
team by email
xxx@xxxx.xxx.xx or by post:
Freedom of Information Section
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act gives you the right to apply to the Office of the Australian Information
Commissioner (OAIC) to seek a review of this decision.
If you wish to have the decision reviewed by the OAIC, you may apply for the review, in
writing, or by using the online merits review form available on the OAIC’s website at
www.oaic.gov.au, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
Onli
ne: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone: 1300 363 992 (local cal charge)
Complaints to the Office of the Australian Information Commissioner or the
Commonwealth Ombudsman
You may complain to either the Commonwealth Ombudsman or the OAIC about actions
taken by the NDIA in relation to your request. The Ombudsman wil consult with the OAIC
before investigating a complaint about the handling of an FOI request.
Your complaint to the OAIC can be directed to the contact details identified above. Your
complaint to the Ombudsman can be directed to:
Phone: 1300 362 072 (local cal charge)
Email:
xxxxxxxxx@xxxxxxxxx.xxx.xx
Your complaint should be in writing and should set out the grounds on which it is considered
that the actions taken in relation to the request should be investigated.
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