Freedom of Information request — Notice of Decision
Thank you for your correspondence of 17 October 2024, seeking access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).
I apologise for the delay in processing your request.
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:
- Could you please provide information on the NDIA’s total legal costings for the 2023–2024 financial period regarding AAT appeals?
- Additional, could you please provide information on the NDIA’s total legal costings for the calendar year 2023 and the calendar year up to October 25, 2024 regarding AAT appeals?
- Thirdly, could you please provide legal costs charged by externally contracted law firms for the 2023–2024 financial period?
- Could you please provide information on how many in-house counsel the NDIA have, their involvement in AAT Proceedings and how much they are paid?
- Could you please give a breakdown on how many lawyers and barristers the NDIA employ as in-house counsel and for the periods mentioned above?
Timeframe
The FOI Act provides 30 calendar days for the processing of an FOI request after it is received. As your valid FOI request was received on 17 October 2024, the original due date for your request was 16 November 2024.
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 OAIC 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 a 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)(i) of the FOI Act.
The document was prepared after consulting with relevant staff in the NDIA’s Legal Practice and Capability Branch and Chief Financial Officer Division, who conducted searches of
NDIA’s systems
NDIA’s systems, using all reasonable search terms to identify data and/or information within the scope of the request.
I have decided to grant access to this 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 and
- the FOI Guidelines published under section 93A of the FOI Act.
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 fostering better-informed decision-making and enhancing analysis, discussion, commentary, and review of information held by the government.
I note that part 7 of your request seeks access to “…total number for how many legal practitioners (lawyers / solicitors / barristers etc) are involved in NDIA disputes at the AAT / ART currently and for the periods mentioned above?”
We have interpreted your request as seeking the total number of legal practitioners involved in ART matters, for the calendar years 2023 and 2024 (up until 25 October 2024), as well as for the 2023-24 financial year. In response, the Legal Practice and Capability Team has provided data for these periods - as of 31 December 2023, 30 June 2024, and 31 October 2024. Please note that while you requested data up until 25 October 2024, the Legal Practice and Capability Team was only able to provide headcount figures for the entirety of October 2024.
Release of documents
The documents 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 24/25-0555
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1-3 | Document providing data and information on the NDIA’s legal costings for the 2023-2024 financial period regarding AAT appeals | FULL ACCESS | Document created under section 17 of the FOI Act |
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
- National Disability Insurance Agency
- Reviews and Information Release Division
- Information Release, Privacy and Legal Operations Branch
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.