DOCUMENT 1 FOI 24/25-1591
From: redacted: s22(1)(a)(ii) - irrelevant Ben on behalf of media
Sent: Tuesday, 18 March 2025 2:34 PM
To: robinson.natasha@redacted: s47F - personal privacy
Cc: media
Subject: FW: NDIA response re ART issues and Mr Finley Coll [SEC=OFFICIAL]
Hi Natasha … per your text, sending to your personal email, too.
Please let us know once you have received.
Many thanks, Ben
`redacted: s22(1)(a)(ii) - irrelevant`From: Ben On Behalf Of media Sent: Tuesday, 18 March 2025 2:53 PM To: Robinson, Natasha Cc: media Subject: NDIA response re ART issues and Mr Finley Coll [SEC=OFFICIAL]
Hi Natasha,
Please see NDIA response below.
Thanks, Ben
//
The following can be attributed to an NDIA spokesperson: All decisions are made by our trained staff, and are made in accordance with the NDIS Act and on all available evidence at that time.
It is important to note that a device has previously been funded under the NDIS to support the participant to communicate.
The Agency continues to work with the family to understand future needs and support them on the evidence required to support the request.
It is wrong to suggest that the figures provided represent evidence that there are high numbers of Agency decisions overturned by the ART. The facts are that 98% of ART matters are resolved prior to a substantive hearing in the Tribunal. Around a quarter of these cases are dismissed by the ART or withdrawn by the applicant.
In most cases, matters are resolved by agreement between the Agency and the applicant. A change in the NDIA’s position prior to a substantive hearing is primarily the result of new information being provided as we work closely with participants earlier in the appeal process.
This is why the NDIA is investing heavily in new approaches to dispute resolution which are focused on providing earlier, quicker and fair outcomes for all participants.
This work includes:
- proactive calls to participants prior to internal reviews to achieve earlier resolution of issues, as well as clarity and support for some participants who may then no longer require an internal review
- the introduction of an early assessment team whose role is to work with participants to better understand their circumstances and discussion options for resolving prior to an ART hearing
- a range of initiatives which have contributed to an overall decrease in external legal expenditure
These initiatives also resulted in a significant decrease in payments to external law firms for 2023–24. Payments to external law firms attributed to Tribunal work decreased by 31% from the previous financial year. The NDIA’s overall external legal expenditure also decreased.
While the Agency works to ensure any disputes are resolved as early as possible, it remains the right of all participants to seek a review in the Tribunal.
New legislation introduced in October 2024 provides greater clarity to what is and what is not an NDIS Support, however the NDIA’s decision-making and processes have not changed.
redacted: s47F - personal privacy
The NDIA has made significant improvements in the dispute resolution program over the last two years to improve participant experience and reduce the reliance on external lawyers. These improvements have resulted in a significant reduction in total external legal spend for ART related work in 2023-24.
It should also be noted the $124 million in legal expenses – stated in the Annual Report – relates to overall legal expenses (not just ART) over two financial years (2022/23 and 2023/24) and shows the significant overall reduction in legal spend from ~$72.2m in 2023 to ~$51.9m in 2024.
The proportion of overall participants who take a matter to the Tribunal remains small.
In the recent quarter (Sep 1-Dec 31), there were 1895 new cases at the Tribunal, relating to 1871 participants. That figure represents just 0.27% of all participants (692,823) the Scheme was supporting at December 31.
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FOI 24/25-1591
From: Robinson, Natasha robinsonn@theaustralian.com.au
Sent: Wednesday, 12 March 2025 10:23 AM
To: media media@ndis.gov.au; redacted: s47F - personal privacy @gmail.com
Subject: questions re ART issues and Mr Finley Coll
Hi there
I am compiling a story in relation to Finley Coll, aged 17, who has been denied by the NDIS permission to purchase an assisted speech device. Finley has severe cerebral palsy, is non-verbal and quadriplegic, and relies on the device to communicate and participate in social life and employment. Other devices are unsuitable for him. He is currently renting a device. Finley’s mother Amanda Coll has filed an application in the ART for review of the decision to deny funding for the new device (Finley’s old one which has greatly enhanced his life has reached the end of its life).
The story also takes in issues in relation to sharply escalating rates of NDIS cases going before the ART and high rates of overturn of original decisions. It also examines the very high costs expended by the NDIS on legal services which appear to have tripled in the past four years to $124K or thereabouts in 2023-24, according to the latest NDIS annual report.
Please could you provide responses to the following:
-
why does the NDIS not consider that a speech device that is so essential to Finley, who cannot communicate without it, and has been recommended by experts, in circumstances where other devices are not suitable, is not a reasonable and necessary item to be funded?
-
why is the NDIS preparing to defend this decision in the ART which will add to costs already incurred in refusing to fund the $7500 item - costs that will far outstrip the cost of the item in dispute?
-
Why should a non-verbal, quadriplegic young man like Finley Coll have to launch an ART case to try to gain access to such an essential device?
-
the filing of ART applications has risen steeply according to latest figures July - Oct last year when cases initiated appear to be half of the entire caseload initiated in the ART the financial year before. Why are so many people filing claims in the ART? Is it indicative of some deficiencies with NDIS decision-making and processes?
-
costs of legal services according to the NDIS annual report 2023-24 now stand at $124m approx. This is an extraordinarily high figure. Why are the costs of legal services so high?
Please note that Amanda Coll is cc-ed to this email and has given her consent on behalf of Finley for the NDIS to respond to these questions.
Please could I have your response by midday Friday 14th March.
Thank you
NATASHA ROBINSON Health Editor
2 Holt Street Surry Hills NSW 2010
redacted: s47F - personal privacy
E redacted: s47F - personal privacy W NewsCorpAustralia.com
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FOI 24/25-1591
FOI request - Breakdown (ART costs, Legal Services & Other) of the figures reported in last year’s annual report which show legal expenses have decreased from $72m in 2023 to $52m in 2024.
Breakdown of Legal Supplier Expenses
| FY | AAT | Legal Services | Other External Spend | Total Agency External Legal Spend (OLSC) | Financial Statements | Variance | Explanation |
|---|---|---|---|---|---|---|---|
| $ | $ | $ | $ | $ | $ | ||
| 2022-23 | 66,554 | 4,374 | 1,131 | 72,059 | 72,272 | -213 | FS - Participant Assessment Cost (PAC - GL 47525) which includes IME costs (independent medical expert), was not included in FS Mapping - Supplier - Legal Expenses. PAC mapped under Other Supplier. PAC 22/23 = $0.2. |
OLSC - PAC not included in the 22/23. | | 2023-24 | 51,062 | 7,072 | 142 | 58,276 | 51,899 | 6,377 | FS - Participant Assessment Cost (PAC - GL 47525) which includes IME costs (independent medical expert), was not included in FS Mapping - Supplier - Legal Expenses. PAC mapped under Other Supplier. PAC 23/24 = $6.4m
OLSC - PAC included - 1st year of reporting |
OLSC Return
| FY | AAT | Legal Services | Other External Spend | Total Agency External Legal Spend |
|---|---|---|---|---|
| $ | $ | $ | $ | |
| 2020-21 | 17,342,579 | 3,699,716 | 214,136 | 21,256,431 |
| 2021-22 | 54,786,755 | 4,234,820 | 392,835 | 59,414,410 |
| 2022-23 | 66,553,764 | 4,374,353 | 1,130,865 | 72,058,982 |
| 2023-24 | 51,062,008 | 7,071,931 | 141,786 | 58,275,725 |
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FOI 24/25-1591
Financial Statements
66 | NDIA Annual Report 2023–24
National Disability Insurance Agency NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
1. Financial Performance
This section analyses the financial performance of the Agency for the year ended 30 June 2024.
1.1. Expenses
| 2024 | 2023 | |
|---|---|---|
| $’000 | $’000 | |
| Note 1.1A: Employee benefits | ||
| Wages and salaries | 577,795 | 429,897 |
| Superannuation | ||
| Defined contribution plans | 82,486 | 62,685 |
| Defined benefit plans | 13,926 | 10,826 |
| Leave and other entitlements | 82,810 | 48,145 |
| Separation and redundancies | 1,586 | 87 |
| Total employee benefits | 758,603 | 551,640 |
Accounting Policy
Accounting policies for employee related expenses are contained in Section 3. People and Relationships.
Note 1.1B: Suppliers
Services rendered | | | | Service providers¹ | 395,558 | 351,164 | | Legal expenses | 51,899 | 72,272 | | Information technology expenses | 76,518 | 58,240 | | Shared Services² | 35,006 | 45,903 | | Community connector management fees | 21,098 | 20,153 | | Property operating expenses | 11,183 | 9,706 | | Other | 20,496 | 9,293 | | Travel | 5,201 | 5,981 | | Comcover | 6,296 | 5,936 | | Staff welfare and training | 7,067 | 5,392 | | Market research | 3,724 | 3,815 | | Staff recruitment and relocation | 3,959 | 3,121 | | Translator and interpreter services | 2,371 | 1,705 | | Repairs and maintenance | 732 | 781 | | Audit fees | 762 | 680 | | Total services rendered | 641,870 | 594,142 |
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