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NDIS — FOI 25/26-0747 [LEXD 9785}: Notification of Decision

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Our reference: FOI 25/26-0747 [LEXD 9785}

GPO Box 700 Canberra ACT 2601 1800 800 110

ndis.gov.au

13 May 2026

Jessica Hargreaves

By email: redacted

Dear Jessica Hargreaves

Freedom of Information request - Notification of Decision

Thank you for your correspondence of 21 September 2025, in which you requested access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).

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 held by the NDIA:

“…Under the Freedom of Information Act 1982 (Cth), I seek access to documents that identify the external law firms engaged by the National Disability Insurance Agency (NDIA) to provide legal representation or legal advice.

Specifically, I request:

A list or schedule of all law firms engaged by the NDIA in the last two financial years (202324 and 202425 to date).

For each firm, the nature of services provided (e.g. legal representation, legal advice, or other legal services).

Where available, the dates or time periods of engagement for those firms.

Delivered by the National Disability Insurance Agency

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I do not seek access to the content of legal advice, invoices, or privileged communications. I am only seeking high-level information about the names of the firms and the scope/purpose of their engagement….“

Request Consultation

On 10 April 2026, I sent you an email/letter initiating a consultation process under section 24AB of the FOI Act. I advised I intended to refuse access to your request on the grounds that your request does not provide enough information about the documents you are seeking as is reasonably necessary to allow us to identify them.

As of 12 May 2026, I have not had a response from you.

Decision on access to documents

I have decided to refuse your request on the grounds that you did not respond to my request consultation process and thereby the practical refusal reason remains.

I made this decision as a delegated decision maker under section 23(1) of the FOI Act.

Reasons for decision

A detailed statement of reasons for my decision can be found at Attachment A.

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 redacted.

Yours sincerely

Ashlea

Ashlea (AFG640)

Senior Freedom of Information Officer

Information Access and Privacy

Reviews and Information Release Division

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Attachment A

Statement of Reasons

FOI 25/26-0747

Practical refusal reason

Relevant law

A practical refusal reason exists in relation to a request for documents if the terms of your request were too broad and we were unable to identify the specific documents sought.[1]

In determining whether processing the request would substantially and unreasonably divert the agency’s resources, I am required to have regard to the resources that would have to be used for the following:

  • identifying, locating or collating the documents within the Agency
  • deciding whether to grant, refuse or defer access to a document including resources used for examining the document and consulting with any person or body in relation to the request
  • making a copy or an edited copy of the document
  • notifying the decision on the request

Accordingly, I am satisfied that a practical refusal reason still exists and that the work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations.

Further options for requesting documents

You are welcome to submit further freedom of information requests in the future. In doing so, you may wish to contact the FOI Team directly on foi@ndis.gov.au or advise a convenient time for us to contact you, to engage assistance in developing a scope that does not attract a practical refusal reason under the FOI Act.

[1] 24AA(1)(b) of the FOI Act.

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Attachment B

Freedom of Information request – Your review rights

As your request is deemed to have been refused under section 15AC of the FOI Act because of processing delays, you are unable to apply for an internal review of the decision.

However, if you have concern with any aspect of this decision, please contact the NDIA FOI team by email at foi@ndis.gov.au , or by post to:

Freedom of Information Section

Information Access and Privacy Branch

Reviews and Information Release Division

National Disability Insurance Agency

GPO Box 700

CANBERRA ACT 2601

Review by the Office of the Australian Information Commissioner

The FOI Act also gives you the right to apply for 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 application form which is available on the OAIC’s website: OAIC Review Application Form.

An application to the OAIC must be made within 60 calendar days from the date of the deemed refusal decision, as set out in our letter to you (Notice of Decision). You may also apply to the OAIC for an extension of this timeframe, from the date of the deemed refusal decision until the date of your application for review.

Applications for review can be lodged with the OAIC in the following ways:

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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 the 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 provided above.

Your complaint to the Ombudsman can be directed to:

  • Phone: 1300 362 072 (local call charge)
  • Email: redacted

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