Dear Freedom of Information Officer,

This is a formal request for access to documents under the *Freedom of Information Act 1982 (Cth).

I seek access to documents containing statistical information regarding the performance of General Member Stewart Fenwick in National Disability Insurance Agency (NDIA) review cases. I am requesting a summary of the data, not individual case files, and kindly ask that all personal information of third parties be de-identified.

The specific documents and information I am requesting are:

1. A year-on-year breakdown, from the last 10 years to the present, of the number of NDIS review cases finalised by General Member Stewart Fenwick.

2. Of these cases, a breakdown by year showing the number and percentage of outcomes that were:
a. Favorable to the applicant (e.g., set aside, varied in the applicant's favour).
b. Unfavorable to the applicant (e.g., affirmed).

3. The average number of days it took for a final decision to be made in an NDIS review case by General Member Stewart Fenwick, on a year-by-year basis. The calculation should be from the date the case was received by the Tribunal to the date of the final outcome.

As this request is for statistical data and does not relate to my personal affairs, I understand that processing charges may apply. However, I request that any potential charges be waived under Section 29(5)(b) of the Act on the grounds that the release of this information is in the public interest. The disclosure of these statistics would promote public scrutiny of the administrative review process and the accountability of a public official. This information will be used to better inform public discussion and is a matter of legitimate public interest.

I am prepared to consult with you to narrow the scope of this request if the work involved would substantially and unreasonably divert the resources of the agency.

Yours faithfully,

Mae

FOI reference: 2025/1730

Dear Principal Officer,

I write pursuant to Part VII of the Freedom of Information Act 1982 (Cth) to request an Internal Review of the access decision regarding my Freedom of Information ('FOI') request, reference 2025/1730.

The original request, submitted on 31 August 2025, sought specific statistical information concerning the performance of General Member Stewart Fenwick in National Disability Insurance Scheme ('NDIS') review cases:

Request Item 1: A year-on-year breakdown, from the last 10 years to the present, of the number of NDIS review cases finalised by General Member Stewart Fenwick.

Request Item 2: Of these cases, a breakdown by year showing the number and percentage of outcomes that were:

a. Favourable to the applicant (e.g., set aside, varied in the applicant's favour).

b. Unfavourable to the applicant (e.g., affirmed).

Request Item 3: The average number of days it took for a final decision to be made in an NDIS review case by General Member Stewart Fenwick, on a year-by-year basis.

Grounds for Review: Misclassification of Data
The document provided by the Administrative Review Tribunal ('ART') on 30 September 2025 is deficient as it fails to comply with the clear intent and parameters of the original FOI request, which was to identify the rate of favourable and unfavourable decisions on the merits made by Member Fenwick.

The provided data incorrectly includes outcomes finalised by consent (e.g., "Consent - Varied²") within the overall finalisations attributed to Member Fenwick. A consent order, typically resolved administratively or through Case Conference processes, represents a mutually agreed outcome and is functionally distinct from a substantive decision made by a Member on the merits of a contested hearing.

By conflating administrative finalisations and Member decisions, the document produced does not accurately reflect the specific statistical data sought. The ART is obliged under Section 11A of the Freedom of Information Act 1982 (Cth) to provide access to a document in accordance with the request. The document provided is not the document requested.

Requested Remedy
I request that the Internal Review Officer set aside the initial access decision and provide revised statistical information concerning Member Fenwick’s contested decisions on the merits in NDIS cases.

This revised data must:

1. Seperate all outcomes finalised by consent or administrative processes (specifically: Application Withdrawn, Dismissed, No Jurisdiction, and all Consent types). The data must focus solely on outcomes resulting from a substantive Member decision on the merits following a hearing (i.e., Heard and Remitted, Heard and Set Aside, and Heard and Affirmed).

2. Be presented for the period 2019 to the present.

3. Be broken down by financial year (1 July to 30 June) rather than calendar year, consistent with the ART's own public reporting cycle.

4. Replicate the statistical format detailed in the ART's Annual Reports, specifically the section titled 'Caseload overview – National Disability Insurance Scheme by decision type'.

I look forward to receiving confirmation that this request for Internal Review has been accepted, along with a determination within the statutory timeframe.

Yours faithfully,
Mae