Average cost to the NDIA in responding to AAT applications in 2023-2024
Dear National Disability Insurance Agency,
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 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).
Yours faithfully,
David Wright
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Kind regards
Freedom of Information Team
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [11][NDIA request email]
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Dear David Wright,
Freedom of Information Request: Acknowledgement and Extension of time
Thank you for your request of 28 August 2024, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
Scope of your request
You have requested access to:
"… 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)…"
Processing timeframes
A 30-day statutory period for processing your request commenced from 29
August 2024, in accordance with section 15(5)(b) of the FOI Act. You
should, therefore, expect a decision from us by 27 September 2024.
Extension of time under section 15AA of the FOI Act
We’re sorry it is going to take us longer than expected to process your
request.
We are therefore writing to seek your agreement to a 30-day extension of
time under section 15AA of the FOI Act. If you agree to this extension,
the new due date for us to make a decision on your request will be 27
October 2024.
Please note, although a 30-day extension of time has been sought, we will
endeavour to complete your request as soon as practically possible.
Please let us know whether you agree by 27 September 2024.
If you don’t agree, we may need to seek an extension of time from the
Office of the Australian Information Commissioner.
Irrelevant information
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please contact us at [1][NDIA request email] to advise whether the surnames and
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Kind Regards
Patrick (PHO293)
Freedom of Information Officer
Governance, Risk & Legal - Complaints Management and FOI
General Counsel Division
National Disability Insurance Agency
E [3][email address]
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The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[6]Aboriginal and Torres Strait Islander flags graphic
Dear Patrick
Yes I agree to grant you an extension of time, making the new due date 27 October 2024. I also confirm that contact details and surnames of NDIA staff are irrelevant to my request.
Yours sincerely,
David Wright
Dear David,
Thank you for your request for information.
Please find attached correspondence and documents in relation to your
request.
If you require these in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Patrick (PHO293)
Senior FOI Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
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Dear National Disability Insurance Agency,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of National Disability Insurance Agency's handling of my FOI request 'Average cost to the NDIA in responding to AAT applications in 2023-2024'.
Your decision document states:
"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). In 2023-2024, the average number of days that a matter was at hearing was 2.5 days. The average daily cost per matter was approximately $2,819 excluding GST. This specifically includes the costs coded to a hearing attendance and counsel."
I cannot see how this information could possibly be correct. Partners in law firms typically charge up to $700-$800 per hour. A Senior Barrister typically charges up to $5,000 per day for a hearing day and a Junior Barrister $3,000 per day. In many cases the agency engages both a Partner and a Barrister for hearings. This would place the average daily hearing costs well above $2,819 excluding GST.
Further, your decision document states that 'This specifically includes the costs coded to a hearing attendance and counsel'. It is not clear to me whether you have included all hearing costs, such as those incurred by the agency in engaging expert witnesses to give evidence at hearings.
I therefore request an internal review of all the figures contained in your decision document.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
David Wright