Our reference: FOI 24/25-1232
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
17 April 2025
David Wright
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 24 January 2025, in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the
Freedom of
Information Act 1982 (FOI Act).
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 following documents:
“…the following information for all AAT/ART matters to which the NDIA was a
Respondent, for the six months from 1 July 2024 to 31 December 2024:
1. For all AAT/ART matters that went to hearing, the overall average number of days that
a matter was at hearing, and the overall 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/ART 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/ART matters.
When providing the costs, please include all of the following costs:
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1) All legal costs (both internal agency legal costs, and the costs of engaging external
law services).
2) All costs of engaging expert witnesses (including both those engaged directly by the
agency, and those engaged by external law firms that the agency has engaged).
3) Transcription services.
4) Any other costs incurred by the agency (either directly, or indirectly through external
law services) in responding to these matters.”
Extension of time
On 17 February 2025, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 25 March 2025 the new date for us to provide you with a decision on
access.
We have been experiencing processing delays and were not able to provide you with our
decision by the due date. Consequently, we are deemed to have refused your application
under section 15AC of the FOI Act. I sincerely apologise for the delay in releasing this
decision to you and thank you for your patience while we progressed your application.
We have continued processing your request. In the interests of not causing any further
delays, I have decided not to apply for an extension to the processing period from the Office
of the Australian Information Commissioner (OAIC) under section 15AC of the FOI Act.
Therefore, internal review of this decision is not an option. However, your right to apply for
an external review with the Office of the Australian Information Commissioner remains
protected. Please see
Attachment B for more information about your rights of review.
Decision on access to documents
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.
Section 17(1)(c)(i) of the FOI Act provides that, in circumstances where an agency does not
hold a document containing the information sought in a discrete form, an agency can
produce a written document containing the requested information, if it can do so using a
computer or other equipment that is ordinarily available for retrieving or collating stored
information. We have been able to produce one document containing the information you
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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 1 document, which falls within the scope of your request.
The documents were identified by consulting relevant staff in the NDIA’s Legal Practice and
Capability Branch, who conducted searches of the Agency's systems, using all reasonable
search terms that could return documents relevant to your request.
I have decided to grant access to 1 document in full.
In reaching my decision, I took the following into account:
• your correspondence outlining the scope of your request
• the nature and content of the documents falling within the scope of your request
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI Act and
• consultation with relevant NDIA staff.
The FOI Act states that, in making a decision on a request, I must consider the FOI
Guidelines issued by the Information Commissioner pursuant to section 93A of the FOI Act.
According to the FOI Guidelines, the FOI Act serves as the legislative foundation for open
government, facilitating and promoting public access to information. I believe that providing
access to this document aligns with the objects of the FOI Act, such as enhancing analysis,
discussion, commentary, and review of information held by the government.
Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
enclosed.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment B.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at
xxx@xxxx.xxx.xx.
Yours sincerely
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Ramya (RMO260)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-1232
Document
Page
Description
Access Decision
Comments
number
number
Document with data for all AAT/ART matters to which
FULL ACCESS
Document created under
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the NDIA was a Respondent
section 17 of the FOI Act
Date Range: 1 July 2024 to 31 December 2024
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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
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release 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:
Online:
www.oaic.gov.au
Post:
GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone:
1300 363 992 (local call 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 will consult with the OAIC
before investigating a complaint about the handling of an FOI request.
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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 call 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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