IME/Expert witness payments for matters at the AAT
Dear National Disability Insurance Agency,
Dr Micheal Paige Sandbank, Dr Kenneth Maclean, Dr David Pincus and Dr Michael McDowell have all been engaged by the NDIA as 'Independent Medical Experts' to provide expert advice and reports, and to also appear as expert witnesses, in a number of Administrative Appeals Tribunal (AAT) matters.
I request the following information:
1) The number of AAT matters where the NDIA has engaged Dr Sandbank (regardless of whether these matters reached the stage of a hearing or not).
2) The total amount of payments made by the NDIA to Dr Sandbank for all her services for these matters.
3) The number of AAT matters where the NDIA has engaged Dr Maclean (regardless of whether these matters reached the stage of a hearing or not).
4) The total amount of payments made by the NDIA to Dr Maclean for all his services for these matters.
5) The number of AAT matters where the NDIA has engaged Dr Pincus (regardless of whether these matters reached the stage of a hearing or not).
6) The total amount of payments made by the NDIA to Dr Pincus for all his services for these matters.
7) The number of AAT matters where the NDIA has engaged Dr McDowell (regardless of whether these matters reached the stage of a hearing or not).
8) The total amount of payments made by the NDIA to Dr McDowell for all his services for these matters.
Please note that with regard to the total amount of payments in (2), (4), (6) and (8), I only request a single total figure for each of them. I do not request that the payments be broken down for each individual AAT matter. Payment invoices and the like are also not requested.
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]
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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11. mailto:[NDIA request email]
Dear David Wright
Freedom of Information Request: Acknowledgement
Thank you for your request of 5 October 2024, 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) The number of AAT matters where the NDIA has engaged Dr Sandbank
(regardless of whether these matters reached the stage of a hearing or
not).
2) The total amount of payments made by the NDIA to Dr Sandbank for all
her services for these matters.
3) The number of AAT matters where the NDIA has engaged Dr Maclean
(regardless of whether these matters reached the stage of a hearing or
not).
4) The total amount of payments made by the NDIA to Dr Maclean for all his
services for these matters.
5) The number of AAT matters where the NDIA has engaged Dr Pincus
(regardless of whether these matters reached the stage of a hearing or
not).
6) The total amount of payments made by the NDIA to Dr Pincus for all his
services for these matters.
7) The number of AAT matters where the NDIA has engaged Dr McDowell
(regardless of whether these matters reached the stage of a hearing or
not).
8) The total amount of payments made by the NDIA to Dr McDowell for all
his services for these 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 6 October 2024. This
30-day period expires on 4 November 2024.
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 4
December 2024.
If you do not agree and we are unable to process your request within the
30-day period expiring on 4 November 2024, 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 18 October 2024.
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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
Dear Mykal
I confirm that NDIA staff members’ surnames and contact details are irrelevant to my request for access, and that I agree to a 30-day extension of time, making the new due date for you to decide on my request 4 December 2024.
Yours sincerely,
David Wright
Dear David Wright
Sincerest apologies to the delay in processing your request.
I note that I have identified documents that contains information
regarding external businesses and that I am required to initiate a
third-party consultation with these businesses under sections 27 and 27A
of the FOI Act to seek any comments or concerns with regards to the
document sensitivities.
I intend to consult on Monday 11 November 2024 and request your consent to
disclose your name to the relevant businesses.
Please be aware that if you choose to not consent, then we will not be
able to identify you as the applicant of your FOI request, which may
affect the responses given by the agency.
Processing Timeframe
As part of the consultation process, I advise that your request has been
extended by 30-days to allow the relevant businesses time to provide
comments on potential sensitivities, and that the processing period for
your request will now end on Friday 3 January 2025.
Next steps
Please advise if you are happy to disclose your name to the relevant
agency by 12pm Monday 11 November 2024. If you require more time, then I
am happy to wait until 12pm Wednesday 13 November 2024 for your response.
Please contact us at [1][NDIA request email] if you have any questions or need
help.
Warmest regards,
Kate (KIM627)
Senior Freedom of Information Officer
Complaints Management and FOI Branch
General Counsel Division
National Disability Insurance Agency
E: [2][NDIA request email]
[3]Title: NDIS delivered by the National Disability Insurance Agency
[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