Our reference: FOI 24/25-0253
OAIC reference: MR25/00180
GPO Box 700
Canberra ACT 2601
1800 800 110
21 March 2025
ndis.gov.au
David Wright
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr David Wright,
Freedom of Information request — Notice of revised decision under section 55G of
the Freedom of Information Act 1982
On 28 August 2024, 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 revised decision on your request.
Scope of your request
You requested access to the following documents:
‘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 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 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)’.
Decision
The original due date for our decision on your FOI request was 27 October 2024, after you
agreed 30-day extension of time under section 15AA.
On 27 October 2024, the matter was deemed refused as we were unable to complete your
request within this time. However, we still issued you with a decision on 29 October 2024
(original decision). In accordance with that decision, you weer granted access to one
document.
On 19 February 2025, we were notified of your application for a review of our original
decision with the Information Commissioner (IC) at the Office of the Australian Information
Commissioner (OAIC). We understand you sought an IC review on the basis that the
information is incorrect and incomplete.
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In reviewing the matter, we consulted with the Administrative Review Tribunal Team
(formerly AAT) who completed new searches and were able to locate the information you
requested.
Revised decision under section 55G
Section 55G(1)(a) of the FOI Act provides that at any time during an IC review, an Agency
may vary an access refusal decision in favour of the applicant by giving access to
documents in accordance with the request (revised decision).
Section 55G(2) provides that an Agency must notify the IC of the revised decision, and that
decision becomes the decision under review.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act, including revised
decisions under s55G of that Act. My revised decision on your request and the reasons for
my decision are set out below.
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 one 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.
The document was identified by conducting searches of NDIA’s systems, using all
reasonable search terms that could return documents relevant to your request, and
consulting with relevant NDIA staff who could be expected to be able to identify documents
within the scope of the request.
I have decided to grant access to the 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
• consultation with relevant NDIA staff
Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
enclosed.
In accordance with section 55G(2) of the FOI Act, I will be providing the IC with a copy of this
revised decision.
If you determine that you are satisfied with this revised decision and do not require this
decision to be reviewed further by the IC, please let the Agency and the OAIC know.
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If you would like clarification on any aspect of my decision, please do not hesitate to contact
me by email
at xxx@xxxx.xxx.xx. Yours sincerely
Sussan (SJL495)
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 24/25-0253
Document
Page
Description
Access Decision
Comments
number
number
Revised costs of AAT
FULL ACCESS
Document created
1
1
matters 2023-2024
under section 17
of the FOI Act
1
