FOI 24/25-1284 OFFICIAL For Internal Use Only
Case Management Guide
Model Litigant Obligations
Category
DOCUMENT 6
Reference Documents
Title Model Litigant Obligations (MLO)
Purpose This document is part of a suite of guidance Appendix B to the Lega/ documents for Case Managers to use in formulating Services Directions 2017 their approach to managing matters before the NDIA Participant Service Administrative Review Tribunal (ART). Charter (page 9)
This Guide outlines the Model Litigant Obligations Section 56 of the with which the NDIA is required to comply. Administrative Review Tribunal Act 2024
Scope This Guide applies nationally to the conduct of all matters within the External Review Branch.
Policy The NDIA acts honestly and fairly in litigation by: NDIA Model Litigant
statement Guidelines
e handling matters promptly;
e making an early assessment of the prospects of success in legal proceedings, and the potential liability in claims against the Commonwealth;
e acting consistently in the handling of claims and litigation;
e endeavouring to avoid, prevent, and limit the scope of legal proceedings wherever possible, including by giving consideration in all cases to the alternative dispute resolution before initiating legal proceedings, and by participating in alternative dispute resolution processes where appropriate;
e where it is not possible to avoid litigation, keeping the costs of litigation to a minimum, including by:
o not requiring the other party to prove a matter which the Commonwealth or the NDIA knows to be true;
o not contesting liability if the Commonwealth or the NDIA knows that the dispute is really about quantum;
NDIA Dispute Resolution Policy
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Case Management Guide Model Litigant Obligations
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o not taking advantage of a person who lacks the resources to litigate a matter;
o not relying on technical defences unless the interests of the Commonwealth or the NDIA would be prejudiced by the failure to comply with a particular requirement; and
o not undertaking and pursuing appeals unless the NDIA believes that it has reasonable prospects of success, or the appeal is otherwise justified in the public interest; and
e apologising where the Commonwealth or the NDIA is aware that it (or its lawyers) has acted wrongfully or improperly.
Reference Documents
MLO Complaints
The NDIA will make all reasonable efforts to comply with the Model Litigant Obligations and the Participant Service Charter. All allegations or concerns (from any source) that the NDIA has not met its obligations will be referred by the person that has become aware of the allegation or concern, to the NDIA MLO Team at mlo@ndis.gov.au.
The manner in which the allegation or concern will be referred will vary according to the source of the allegation or concern, as outlined below.
Internally discovered
Where a NDIA staff member becomes aware of a possible MLO issue, the issue is to be reported to the NDIA MLO Team by email at mlo@ndis.gov.au.
Externally discovered
External complaints and allegations are directed by the Feedback and Complaints area to the NDIA MLO Coordinator. If necessary, the MLO Coordinator may refer the allegation to an external party for further investigation. Lawyers with carriage, Case Managers, and their Directors may be asked to provide information to support that investigation.
NDIA Model Litigant Obligations — Breaches, Themes and Learnings
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Case Management Guide
Model Litigant Obligations
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Reference Documents
Reporting
The Agency is responsible for reporting all alleged or proven MLO breaches — whether identified internally or externally — to the Office of Legal Services Coordination (OLSC).
The MLO Coordinator will also report to the Senior Leadership Team (SLT) on any significant issues and emerging trends, as they arise.
Document Control Responsible Person Date Document author Continuous Improvement March 2025 Document approver | Assistant Director, Policy, 20 March 2025
Continuous Improvement
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