Dear Freedom of Information Officer,

I seek access to documents containing specific statistical information regarding the performance of General Member Stewart Fenwick in National Disability Insurance Scheme ('NDIS') review cases from 2019 to the present.

Background and Purpose
This request is made to address a misclassification of data in previous correspondence (FOI 2025/1730). The Tribunal is obliged under Section 11A of the Freedom of Information Act 1982 (Cth) to provide access to documents in accordance with the request. This request seeks a document that reflects the rate of favourable and unfavourable decisions on the merits made by Member Fenwick, as distinct from administrative or mutually agreed outcomes.

Scope of Request
I request a document containing a year-on-year breakdown by financial year (1 July to 30 June), from 2019 to the present, of NDIS review cases finalised by General Member Stewart Fenwick.

To ensure the accuracy of the data, the document must 'separate all outcomes finalised by consent or administrative processes'. Specifically, the data must focus solely on outcomes resulting from a 'substantive Member decision on the merits following a hearing'.

The document should exclude:

* Application Withdrawn;
* Dismissed;
* No Jurisdiction; and
* All 'Consent' types (e.g., "Consent - Varied").

For the remaining cases—being those decided on the merits—please provide the number and percentage of outcomes that were:

1. Favourable to the applicant (e.g., Heard and Remitted, Heard and Set Aside, Heard and Varied); and
2. Unfavourable to the applicant (e.g., Heard and Affirmed).

I further request that this data replicate the statistical format detailed in the AAT/ART’s Annual Reports, specifically the section titled 'Caseload overview – National Disability Insurance Scheme by decision type'.

Production of Document (Section 17)
A consent order is functionally distinct from a substantive decision made by a Member. By conflating administrative finalisations with Member decisions, the document previously produced did not accurately reflect the statistical data sought. If a document containing this specific breakdown does not currently exist, I request its creation under Section 17 of the Act, as this data is discrete and capable of being produced via the Tribunal's existing computer systems.

Public Interest & Fee Waiver
I request that any processing charges be waived under Section 29(5)(b). Disclosure of these statistics promotes public scrutiny of the administrative review process and the accountability of a public official. This information is essential for informed public discussion regarding the consistency of NDIS merits reviews.

I look forward to your response within the statutory timeframe.

Yours faithfully,

Mae