Average cost to the NDIA in responding to AAT applications, 1 July 2024 to 31 December 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 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:
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.
Yours faithfully,
David Wright
Thank you for your email to the National Disability Insurance Agency
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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]
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.
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Dear David Wright
Freedom of Information Request: Acknowledgement
Thank you for your request of 24 January 2025, made under the Freedom of
Information Act 1982 (FOI Act), for information held by the National
Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
“ 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."
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 25 January 2025. This
30-day period expires on 23 February 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. I am therefore seeking 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 decide on your request will be 25
March 2025.
If you do not agree and we are unable to process your request within the
30-day period expiring on 23 February 2025, we will be deemed to have
refused your request and you will not have a right to seek internal review
of that decision. You will, however, retain your right to external review
by the Australian Information Commissioner.
Please let us know if you agree by 20 February 2025.
Disclosure Log
Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.
If you have any concerns about the publication of the documents you have
requested, please contact me.
Next steps
Your request will be allocated to an authorised FOI decision-maker. The
decision-maker may need to contact you to discuss a range of matters,
including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Regards
Mykal
Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
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.
[5]Aboriginal and Torres Strait Islander flags graphic
-----Original Message-----
From: David Wright <[FOI #12766 email]>
Sent: Friday, 24 January 2025 9:35 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - Average cost to the NDIA in
responding to AAT applications, 1 July 2024 to 31 December 2024
[You don't often get email from
[6][FOI #12766 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]
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 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:
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.
Yours faithfully,
David Wright
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References
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Dear Mykal
I confirm that NDIA staff members’ surnames and contact details are not relevant to my request, and I agree to a 30-day extension of time, making the new due date for you to decide on my request 25 March 2025.
Yours sincerely,
David Wright
Dear David Wright,
Thank you for your request for information and your agreement to an
extension of time.
Request
“ 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."
Clarification
In order for us to process your request for information, could you please
provide us with a date range for the documents that you are seeking? (i.e.
most recent 3 months, 6 months, 12 months).
If you have any questions, please do not hesitate to contact our team
[1][email address].
Kind Regards
Megan
Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
[5]A white sign with green text Description automatically generated
-----Original Message-----
From: David Wright <[6][FOI #12766 email]>
Sent: Monday, 17 February 2025 2:41 PM
To: foi <[7][NDIA request email]>
Subject: Re: FOI 24/25-1232 – Your request for information –
Acknowledgement & Extension of Time [SEC=OFFICIAL]
[You don't often get email from
[8][FOI #12766 email]. Learn why this is
important at [9]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Mykal
I confirm that NDIA staff members’ surnames and contact details are not
relevant to my request, and I agree to a 30-day extension of time, making
the new due date for you to decide on my request 25 March 2025.
Yours sincerely,
David Wright
-----Original Message-----
Dear David Wright
Freedom of Information Request: Acknowledgement
Thank you for your request of 24 January 2025, made under the Freedom of
Information Act 1982 (FOI Act), for information held by the National
Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
“ 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."
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 25 January 2025. This
30-day period expires on 23 February 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. I am therefore seeking 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 decide on your request will be 25
March 2025.
If you do not agree and we are unable to process your request within the
30-day period expiring on 23 February 2025, we will be deemed to have
refused your request and you will not have a right to seek internal review
of that decision. You will, however, retain your right to external review
by the Australian Information Commissioner.
Please let us know if you agree by 20 February 2025.
Disclosure Log
Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.
If you have any concerns about the publication of the documents you have
requested, please contact me.
Next steps
Your request will be allocated to an authorised FOI decision-maker. The
decision-maker may need to contact you to discuss a range of matters,
including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Regards
Mykal
Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
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.
[5]Aboriginal and Torres Strait Islander flags graphic
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[10][FOI #12766 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[11]https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************
References
Visible links
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6. mailto:[FOI #12766 email]
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Dear Megan
My original request already provided the date range - the six months from 1 July 2024 to 31 December 2024
Yours sincerely,
David Wright
Dear David Wright
Thank you for your request for information.
Please find attached correspondence and document 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.
Thank you.
Kind regards
Ramya [RMO 260]
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
[2]LGBTIQA+ rainbow graphic
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.
[3]Aboriginal and Torres Strait Islander flags graphic
-----Original Message-----
From: David Wright [4][FOI #12766 email]
Sent: Monday, 17 February 2025 2:41 PM
To: foi [5][NDIA request email]
Subject: Re: FOI 24/25-1232 – Your request for information –
Acknowledgement & Extension of Time [SEC=OFFICIAL]
[You don't often get email from
[6][FOI #12766 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Mykal
I confirm that NDIA staff members’ surnames and contact details are not
relevant to my request, and I agree to a 30-day extension of time, making
the new due date for you to decide on my request 25 March 2025.
Yours sincerely,
David Wright
-----Original Message-----
Dear David Wright
Freedom of Information Request: Acknowledgement
Thank you for your request of 24 January 2025, made under the Freedom of
Information Act 1982 (FOI Act), for information held by the National
Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
“ 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."
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 25 January 2025. This
30-day period expires on 23 February 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. I am therefore seeking 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 decide on your request will be 25
March 2025.
If you do not agree and we are unable to process your request within the
30-day period expiring on 23 February 2025, we will be deemed to have
refused your request and you will not have a right to seek internal review
of that decision. You will, however, retain your right to external review
by the Australian Information Commissioner.
Please let us know if you agree by 20 February 2025.
Disclosure Log
Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.
If you have any concerns about the publication of the documents you have
requested, please contact me.
Next steps
Your request will be allocated to an authorised FOI decision-maker. The
decision-maker may need to contact you to discuss a range of matters,
including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Regards
Mykal
Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
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.
[5]Aboriginal and Torres Strait Islander flags graphic
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #12766 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
-----Original Message-----
From: David Wright [9][FOI #12766 email]
Sent: Friday, 24 January 2025 10:05 PM
To: foi [10][NDIA request email]
Subject: Freedom of Information request - Average cost to the NDIA in
responding to AAT applications, 1 July 2024 to 31 December 2024
[You don't often get email from
[11][FOI #12766 email]. Learn why this is
important at [12]https://aka.ms/LearnAboutSenderIdentific... ]
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 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:
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.
Yours faithfully,
David Wright
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[13][FOI #12766 email]
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************
References
Visible links
1. mailto:[NDIA request email]
4. mailto:[FOI #12766 email]
5. mailto:[NDIA request email]
6. mailto:[FOI #12766 email]
7. https://aka.ms/LearnAboutSenderIdentific...
8. mailto:[FOI #12766 email]
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13. mailto:[FOI #12766 email]
Dear Ramya
The decision document provides a breakdown of the average external spend per matter for the second part of my requset.
Please also provide a breakdown for the first part of my request.
Yours sincerely,
David Wright