NDIS correspondence: Notification of Decision - FOI 24/25-1232

Our reference: FOI 24/25-1232

GPO Box 700 Canberra ACT 2601 1800 800 110

ndis.gov.au

17 April 2025

David Wright

By email: foi+request-12766-b69e3cf5@righttoknow.org.au

Dear David Wright

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 24 January 2025, in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).

The purpose of this letter is to provide you with a decision on your request.

Scope of your request

You have requested access to the following documents:

“…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.”

Extension of time

On 17 February 2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 25 March 2025 the new date for us to provide you with a decision on access.

We have been experiencing processing delays and were not able to provide you with our decision by the due date. Consequently, we are deemed to have refused your application under section 15AC of the FOI Act. I sincerely apologise for the delay in releasing this decision to you and thank you for your patience while we progressed your application.

We have continued processing your request. In the interests of not causing any further delays, I have decided not to apply for an extension to the processing period from the Office of the Australian Information Commissioner (OAIC) under section 15AC of the FOI Act. Therefore, internal review of this decision is not an option. However, your right to apply for an external review with the Office of the Australian Information Commissioner remains protected. Please see Attachment B for more information about your rights of review.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your request and the reasons for my decision are set out below.

Section 17(1)(c)(i) of the FOI Act provides that, in circumstances where an agency does not hold a document containing the information sought in a discrete form, an agency can produce a written document containing the requested information, if it can do so using a computer or other equipment that is ordinarily available for retrieving or collating stored information. We have been able to produce one document containing the information you

requested. I have, therefore, treated your request as if it were a request for access to this document in accordance with section 17(1)(c) of the FOI Act.

I have identified 1 document, which falls within the scope of your request.

The documents were identified by consulting relevant staff in the NDIA’s Legal Practice and Capability Branch, who conducted searches of the Agency’s systems, using all reasonable search terms that could return documents relevant to your request.

I have decided to grant access to 1 document in full.

In reaching my decision, I took the following into account:

• your correspondence outlining the scope of your request
• the nature and content of the documents falling within the scope of your request
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI Act and
• consultation with relevant NDIA staff.

The FOI Act states that, in making a decision on a request, I must consider the FOI Guidelines issued by the Information Commissioner pursuant to section 93A of the FOI Act. According to the FOI Guidelines, the FOI Act serves as the legislative foundation for open government, facilitating and promoting public access to information. I believe that providing access to this document aligns with the objects of the FOI Act, such as enhancing analysis, discussion, commentary, and review of information held by the government.

Release of documents

The document for release, as referred to in the Schedule of Documents at Attachment A, is enclosed.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment B.

Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.

Yours sincerely

Ramya (RMO260) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division

Attachment A

Schedule of Documents for FOI 24/25-1232

Attachment B

Your review rights

As this matter was a deemed refusal, internal review of this decision is not an option. However, if you have concern with any aspect of this decision, please contact the NDIA FOI team by email foi@ndis.gov.au or by post:

Freedom of Information Section Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division National Disability Insurance Agency GPO Box 700 CANBERRA ACT 2601

Review by the Office of the Australian Information Commissioner

The FOI Act gives you the right to apply to the Office of the Australian Information Commissioner (OAIC) to seek a review of this decision.

If you wish to have the decision reviewed by the OAIC, you may apply for the review, in writing, or by using the online merits review form available on the OAIC’s website at www.oaic.gov.au, within 60 days of receipt of this letter.

Applications for review can be lodged with the OAIC in the following ways:

• Online: www.oaic.gov.au
• Post: GPO Box 5218, Sydney NSW 2001
• Email: enquiries@oaic.gov.au
• Phone: 1300 363 992 (local call charge)

Complaints to the Office of the Australian Information Commissioner or the Commonwealth Ombudsman

You may complain to either the Commonwealth Ombudsman or the OAIC about actions taken by the NDIA in relation to your request. The Ombudsman will consult with the OAIC before investigating a complaint about the handling of an FOI request.

Your complaint to the OAIC can be directed to the contact details identified above. Your complaint to the Ombudsman can be directed to:

• Phone: 1300 362 072 (local call charge)
• Email: ombudsman@ombudsman.gov.au

Your complaint should be in writing and should set out the grounds on which it is considered that the actions taken in relation to the request should be investigated.