Our reference: FOI 25/26-0004
OAIC reference: MR25/01895
GPO Box 700
Canberra ACT 2601
1800 800 110
10 October 2025
ndis.gov.au
David Wright
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Your Freedom of Information request — revised decision under section 55G of the
Freedom of Information Act
On 1 July 2025 you requested access to documents held by the National Disability
Insurance Agency (NDIA), under the
Freedom of Information Act 1982 (FOI Act).
Specifically, you requested access to the following:
“…for all Administrative Appeals Tribunal (AAT) / Administrative Review Tribunal
(ART) matters to which the NDIA was a Respondent, for the 12 months from 1 July
2024 to 31 June 2025:
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 in relation to both (1) and (2) above, 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..."
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On 10 September 2025 you were notified of our decision (original decision) in relation to
your request. That decision refused access to your request under section 24A of the FOI Act
on the basis that all information required to address your request had not been received by
the Agency.
On 23 September 2025 the NDIA received notice from the Office of the Australian
Information Commissioner (OAIC) that you had sought review from the Information
Commissioner (IC) of our original decision. We understand you sought this review on the
basis that you contest the NDIA’s reasons for refusing access under section 24A.
The purpose of this letter is to provide you with a revised decision on your request.
Revised Decision
I am authorised to make decisions under the FOI Act, including revised decisions under
section 55G of that Act.
As a result of your submission to the IC, I conducted additional search consults with our
Legal Operations branch for the information you are seeking. As a result of those searches,
and in accordance with section 55G(1)(a) of the FOI Act, I have decided to vary the original
decision as I have identified additional information relevant to the scope of your request.
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. 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) of the FOI Act.
I have decided to grant access to this document in full.
In reaching my decision, I took the following into account:
• the original request
• the nature and content of the documents falling within the scope of the request
• the original decision
• the notice of IC review
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI Act
• consultation with relevant NDIA staff.
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Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
enclosed.
In accordance with section 55G(2) of the FOI Act, I will be providing the IC with a copy of this
revised decision.
If you determine that you are satisfied with this revised decision and do not require this
decision to be reviewed further by the IC, please let the Agency and the OAIC know.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email
at xxx@xxxx.xxx.xx.
Yours sincerely,
Elizabeth (EFH599)
A/g Assistant Director – Information Access
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 25/26-0004 | MR25/01894
Documen
Page
Description
Access Decision
t number
number
1
1
Document created under section 17 of the FOI Act
FULL ACCESS
Date range: 1 July 2024 to 30 June 2025
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