Average cost to the NDIA in responding to AAT/ART applications, 1 July 2024 to 31 June 2025
Dear National Disability Insurance Agency,
Please provide the following information 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.
Yours faithfully,
David Wright
Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
Please note: due to a high volume of requests, our ability to respond to
you in a timely manner may be affected. We will action your request as
soon as possible and will endeavour to process your matter within the
legislative deadlines. We may need to seek your agreement to an extension
of time. We appreciate your understanding if this is required.
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Did you know the NDIA has other ways to access the documents and
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Participants, Guardians and Nominees can obtain copies of some participant
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can withdraw your FOI request by emailing [7][NDIA request email]
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[8]Freedom of Information
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]ndis.gov.au.
Alternatively, you can also contact us by phoning 1800 800 110.
Kind regards
Freedom of Information Team
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [11][NDIA request email]
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
References
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4. https://www.ndis.gov.au/participants/usi...
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7. mailto:[NDIA request email]
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11. mailto:[NDIA request email]
Dear David Wright,
Freedom of Information Request: Acknowledgement & Extension of Time
Request
Thank you for your request of 1 July 2025, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
"...Please provide the following information 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..."
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 2 July 2025. This 30-day
period expires on 31 July 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Extension of Time Request:
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests due to a very high volume of incoming matters. I am
therefore seeking your agreement to a 30-day extension of time under
section 15AA of the FOI Act. If you agree to this extension, the new due
date for us to decide on your request will be NEW EXPIRY.
Please let us know if you agree by Monday 7 July 2025.
Explanation of Extension of Time Request:
The reason I am seeking an extension of time is to ensure I preserve your
review rights under the FOI Act.
FOI applicants are normally entitled to exercise a right of internal
review if they are unsatisfied with the outcome of an FOI decision.
However, this right of review lapses if a FOI decision is not made within
the statutory timeframe. This is because if an agency doesn’t issue their
decision within the statutory timeframe, they are deemed to have refused
the request for documents. If this situation happens, it will limit your
options for formal review to only contacting the OAIC.
You are not obligated to agree to this request, you would still retain
your review rights with our regulatory body OAIC (Office of the Australian
Information Commission).
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Action Required
Can I please request a response regarding our request for a 30-day
extension of time, by Monday 7 July 2025.
Next steps
I have completed some preliminary work on your request; however, your
matter will be allocated to an authorised FOI decision-maker for any
further action. The decision-maker may need to contact you to discuss a
range of matters, including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Kind regards,
Mackenzie
Triage Officer – Triage and Early Resolution
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
[2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
Dear Mackenzie,
I confirm my agreement to a 30-day extension of time, making the due date for you to respond to my requst late September.
Please confirm the new due date, as this was omitted from your email.
I also confirm that NDIA staff members’ surnames and contact details are irrelevant to my request for access.
Yours sincerely,
David Wright
Dear David Wright
Please disregard the previous email in regard to this FOI request FOI
25/26-0004, sent in error.
Please find the timeframes amended here under:
Thank you for your request of 1 July 2025, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
Scope of your request
You have requested access to:
“…the following information 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...”
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Processing timeframes
A 30-day statutory period for processing your request commenced from 2
July 2025, in accordance with section 15(5)(b) of the FOI Act. This 30-day
period expires on 31 July 2025.
Extension of time request
This period may be extended if we need to consult with third parties or
for other reasons. We will advise you if this happens.
The 30-day period can be extended in a number of ways, including with your
agreement.
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. I am therefore seeking your agreement to a 30-day
extension of time under section 15AA of the FOI Act. If you agree to this
extension, the new due date for us to decide on your request will be 30
August 2025.
If you do not agree and we are unable to process your request within the
30-day period expiring on 31 July 2025, we will be deemed to have refused
your request and you will not have a right to seek internal review of that
decision. You will, however, retain your right to external review by the
Australian Information Commissioner.
Please let us know if you agree by 24 July 2025.
Further help
Please contact us at [1][NDIA request email] if you have any questions or need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Thank you
Kind regards
Robert [RIA 421]
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
From: foi <[NDIA request email]>
Sent: Monday, 21 July 2025 10:01 AM
To: David Wright <[FOI #13353 email]>
Cc: foi <[NDIA request email]>
Subject: FOI 25/26-0004 – Your Request for Information – Acknowledgement &
Extension of Time Request
Dear David Wright,
Freedom of Information Request: Acknowledgement & Extension of Time
Request
Thank you for your request of 1 July 2025, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
"...Please provide the following information 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..."
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 2 July 2025. This 30-day
period expires on 31 July 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Extension of Time Request:
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests due to a very high volume of incoming matters. I am
therefore seeking your agreement to a 30-day extension of time under
section 15AA of the FOI Act. If you agree to this extension, the new due
date for us to decide on your request will be NEW EXPIRY.
Please let us know if you agree by Monday 7 July 2025.
Explanation of Extension of Time Request:
The reason I am seeking an extension of time is to ensure I preserve your
review rights under the FOI Act.
FOI applicants are normally entitled to exercise a right of internal
review if they are unsatisfied with the outcome of an FOI decision.
However, this right of review lapses if a FOI decision is not made within
the statutory timeframe. This is because if an agency doesn’t issue their
decision within the statutory timeframe, they are deemed to have refused
the request for documents. If this situation happens, it will limit your
options for formal review to only contacting the OAIC.
You are not obligated to agree to this request, you would still retain
your review rights with our regulatory body OAIC (Office of the Australian
Information Commission).
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Action Required
Can I please request a response regarding our request for a 30-day
extension of time, by Monday 7 July 2025.
Next steps
I have completed some preliminary work on your request; however, your
matter will be allocated to an authorised FOI decision-maker for any
further action. The decision-maker may need to contact you to discuss a
range of matters, including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us
at [6][NDIA request email].
Kind regards,
Mackenzie
Triage Officer – Triage and Early Resolution
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
[7][NDIA request email]
[8]NDIA logo
[9]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
Dear Mackenzie,
I confirm my agreement to a 30-day extension of time, making the due date for you to respond to my requst 30 August 2025.
Yours sincerely,
David Wright