Freedom of Information request — Notice of Decision

Thank you for your correspondence of 18 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 requested access to the following documents:

FOI 24/25-1974, document 1 (page 6) states: ‘The NDIA has established and implemented a Legal Service Provider Quarterly Performance Management Framework that ensures regular reporting and feedback is provided to all ART external Legal Service Providers. This ensures that our panel firms embed continuous improvement on NDIA ART matters’

I request:

A copy of this framework.

Copies of all reporting and feedback provided to ART external legal service providers under this framework.

On 14 October 2025, the Legal Operations team asked us to clarify the date range for document searches to be undertaken. On the same day, you advised: I am happy to limit the request of copies of all reporting and feedback provided to ART external legal service providers under the framework during the last financial year (1 July 2024 to 30 June 2025).

Extension of time

On 23 September 2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 17 November 2025 the date by which to provide you with a decision on your request.

Processing period

We have been experiencing processing delays, and were unable to provide you with our decision by 17 November 2025. Consequently, your application is deemed to have been refused under section 15AC of the FOI Act.

I note that this access decision is being released to you after the due date, and I apologise for the delay. In the interests of not causing any further delay, I have decided not to apply for an extension from the Office of the Australian Information Commissioner (OAIC) under section 15AC of the FOI Act. This means that you are unable to seek an internal review of this decision. However, your right to apply for an external review with the OAIC remains protected. Please see Attachment C for more information about your rights of review.

Search efforts

Paragraph 3.152 of the FOI Guidelines provides that searches should be conducted by the officers most likely to be able to find the requested documents. Accordingly, I have consulted with NDIA staff in the Legal Operations team, who are best placed to search for and identify the documents that fall within the scope of your request, as this work lies within their remit.

This consultation has returned documents relevant to the scope, and I have identified that there are 36 documents that fall within scope of your request.

Decision on access to documents

I have decided to grant access to 1 document in part; and refuse access to 35 documents.

Reasons for decision

I have decided that some of the information will not be released as it comprises exempt information under sections 47E(d), 47F and 47G of the FOI Act.

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

Release of documents

The document for release, as referred to in the schedule of documents at Attachment A, is enclosed.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment C.

Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at fxx@xxxx.xxx.xx.

Yours sincerely

Carolyn (CJW205) Assistant Director – Information Release Information Access and Privacy Branch Reviews and Information Release Division

Attachment A

Schedule of Documents

FOI 25/26-0741

Document number	Page number	Description	Access Decision	Comments
1	1-24	Legal Provider Management Framework Date: October 2024	PARTIAL ACCESS	Exemption claimed: s47E(d) – certain operations of agencies
2	-	Maddocks Feedback/Discussion Register Date: July-September 2024	REFUSED ACCESS	Exemptions claimed: s47F – personal privacy s47G – business
3	-	Maddocks Feedback/Discussion Register Date: October-December 2024	REFUSED ACCESS	Exemptions claimed: s47F – personal privacy s47G – business
4	-	Maddocks Feedback/Discussion Register Date: January-March 2025	REFUSED ACCESS	Exemptions claimed: s47F – personal privacy s47G – business
5	-	Maddocks Feedback/Discussion Register Date: April-June 2025	REFUSED ACCESS	Exemptions claimed: s47F – personal privacy s47G – business
6	-	Maddocks Q1 Quarterly Relationship Meeting Agenda Meeting Date: 2 December 2024	REFUSED ACCESS	Exemption claimed: s47G – business
7	-	Maddocks Q2 Quarterly Relationship Meeting Agenda Meeting Date: 24 February 2025	REFUSED ACCESS	Exemption claimed: s47G – business
8	-	Maddocks Q3 Quarterly Relationship Meeting Agenda Meeting Date: 13 May 2025	REFUSED ACCESS	Exemption claimed: s47G – business

Document number	Page number	Description	Access Decision	Comments
9	-	Maddocks Q4 Quarterly Relationship Meeting Agenda Meeting Date: 14 August 2025	REFUSED ACCESS	Exemption claimed: s47G – business
10	-	Makinson d’Apice Feedback/Discussion Topics Register Date: July-September 2024	REFUSED ACCESS	Exemptions claimed: s47F – personal privacy s47G – business
11	-	Makinson d-Apice Q1 Quarterly Relationship Meeting Agenda Meeting Date: 4 September 2024	REFUSED ACCESS	Exemption claimed: s47G – business
12	-	Mills Oakley Feedback/Discussion Topics Register Date: July-September 2024	REFUSED ACCESS	Exemptions claimed: s47F – personal privacy s47G – business
13	-	Mills Oakley Feedback/Discussion Topics Register Date: October-December 2024	REFUSED ACCESS	Exemptions claimed: s47F – personal privacy s47G – business
14	-	Mills Oakley Feedback/Discussion Topics Register Date: January-March 2025	REFUSED ACCESS	Exemptions claimed: s47F – personal privacy s47G – business
15	-	Mills Oakley Feedback/Discussion Topics Register Date: April-June 2025	REFUSED ACCESS	Exemptions claimed: s47F – personal privacy s47G – business
16	-	Mills Oakley Q1 Quarterly Relationship Meeting Agenda Meeting Date: 5 December 2024	REFUSED ACCESS	Exemption claimed: s47G – business

Document number	Page number	Description	Access Decision	Comments
17	-	Mills Oakley Q2 Quarterly Relationship Meeting Agenda Meeting Date: 3 March 2025	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business
18	-	Mills Oakley Q3 Quarterly Relationship Meeting Agenda Meeting Date: 12 May 2025	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business
19	-	Mills Oakley Q4 Quarterly Relationship Meeting Agenda Meeting Date: 28 August 2025	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business
20	-	Moray & Agnew Feedback/Discussion Topics Register Date: July-September 2024	REFUSED ACCESS	Exemptions claimed: `redacted: s47F` – personal privacy `redacted: s47G` - business
21	-	Moray & Agnew Feedback/Discussion Topics Register Date: October-December 2024	REFUSED ACCESS	Exemptions claimed: `redacted: s47F` – personal privacy `redacted: s47G` - business
22	-	Moray & Agnew Feedback/Discussion Topics Register Date: January-March 2025	REFUSED ACCESS	Exemptions claimed: `redacted: s47F` – personal privacy `redacted: s47G` - business
23	-	Moray & Agnew Feedback/Discussion Topics Register Date: April-June 2025	REFUSED ACCESS	Exemptions claimed: `redacted: s47F` – personal privacy `redacted: s47G` - business
24	-	Moray & Agnew Q1 Quarterly Relationship Meeting Agenda Meeting Date: 27 November 2024	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business

Document number	Page number	Description	Access Decision	Comments
25	-	Moray & Agnew Q2 Quarterly Relationship Meeting Agenda Meeting Date: 28 February 2025	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business
26	-	Moray & Agnew Q3 Quarterly Relationship Meeting Agenda Meeting Date: 15 May 2024	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business
27	-	Moray & Agnew Q4 Quarterly Relationship Meeting Agenda Meeting Date: 29 August 2025	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business
28	-	Sparke Helmore Feedback/Discussion Register Date: July-September 2024	REFUSED ACCESS	Exemptions claimed: `redacted: s47F` – personal privacy `redacted: s47G` - business
29	-	Sparke Helmore Feedback/Discussion Register Date: October-December 2024	REFUSED ACCESS	Exemptions claimed: `redacted: s47F` – personal privacy `redacted: s47G` - business
30	-	Sparke Helmore Feedback/Discussion Register Date: January-March 2025	REFUSED ACCESS	Exemptions claimed: `redacted: s47F` – personal privacy `redacted: s47G` - business
31	-	Sparke Helmore Feedback/Discussion Register Date: April-June 2025	REFUSED ACCESS	Exemptions claimed: `redacted: s47F` – personal privacy `redacted: s47G` - business
32	-	Sparke Helmore Q1 Quarterly Relationship Meeting Agenda Meeting Date: July-September 2024	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business
33	-	Sparke Helmore Q2 Quarterly Relationship Meeting Agenda Meeting Date: October-December 2024	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business

Document number	Page number	Description	Access Decision	Comments
34	-	Sparke Helmore Q3 Quarterly Relationship Meeting Agenda Date: January-March 2025	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business
35	-	Sparke Helmore Q4 Quarterly Relationship Meeting Agenda Date: April-June 2025	REFUSED ACCESS	Exemption claimed: `redacted: s47G` - business
36	-	All Firms Feedback Q1 24/25 Discussion Topics Register	REFUSED ACCESS	Exemptions claimed: `redacted: s47F` – personal privacy `redacted: s47G` - business

Attachment B

Statement of Reasons FOI 25/26-0741

Forms of access

Access to edited copies with exempt or irrelevant material deleted (section 22)

I have decided that Documents 1 to 36 contain material that is exempt from disclosure under the FOI Act, for the reasons set out below.

Section 22 of the FOI Act provides that I have an obligation to consider whether it would be reasonably practicable to prepare an edited copy of the documents with the exempt and irrelevant material edited from it.

Paragraph 3.172 of the FOI Guidelines provides that:

… an agency or minister should take a common sense approach in considering whether the number of deletions would be so many that the remaining document would be of little or no value to the applicant. Similarly, the purpose of providing access to government information under the FOI Act may not be served if such extensive editing is required that it leaves only a skeleton of the former document that conveys little of its content or substance.

In relation to Document 1, I have considered whether it is possible to delete the exempt material from the document, and have concluded that it is reasonably practicable to do so. Accordingly, I have prepared an edited copy of the document with the exempt material removed.

After considering the amount of the exempt and irrelevant material in Documents 2-36, I do not consider that it is reasonably practicable to prepare an edited copy of the documents in accordance with section 22 of the FOI Act, as the extent of the deletions would result in a document of little value, conveying nothing of its substance. Accordingly, I have decided to refuse access to the documents in full.

Refused information

Conditionally exempt information contrary to the public interest

Relevant law

Under the FOI Act, a person has a right to be given access to documents of an agency. However, the right of access is subject to limitations, including grounds for refusal of access.

Section 11A(5) of the FOI Act provides that access to a document covered by a conditional exemption must be provided unless disclosure would be contrary to the public interest.

I have refused access to information located in Documents 1 to 36 on the basis that the information is conditionally exempt information under sections 47E(d), 47F and 47G of the FOI Act, and that the disclosure of the information would, on balance, be contrary to the public interest.

Certain operations of agencies (section 47E(d))

Section 47E(d) of the FOI Act conditionally exempts a document if its disclosure would, or could reasonably be expected to, have a substantial adverse effect on the proper and efficient conduct of the operations of an agency.

Document 1 contains information relating to certain operations of the NDIA, specifically, the details of internal mailboxes intended for use by NDIA staff only.

As these specialist mailboxes are not intended for public or general use, emails that are sent to these mailboxes can be effectively allocated to particular subject matter experts within the NDIA. This facilitates the provision of efficient and effective advice, where required. Were these mailboxes to be made public, there is a reasonable likelihood of aggrieved members of the public seeking to gain advantage over others, by using internal points of contact in place of the appropriate external contact pathways. This could result in congestion of these mailboxes, and reduce the ability of staff to respond to targeted emails that require their subject matter expertise.

Disclosure of these internal mailboxes would, or could reasonably be expected to, result in the need for the NDIA to change their internal communication methods and procedures to ensure NDIA communication channels remain effective. I am satisfied this is a substantial adverse effect on the proper and efficient operations of the NDIA.

Personal privacy (section 47F)

Section 47F of the FOI Act conditionally exempts a document if its disclosure would involve the unreasonable disclosure of personal information about any person (including a deceased person).

The FOI Act shares the same definition of ‘personal information’ as the Privacy Act 1988 (Cth). Personal information means information or an opinion about an identified individual, or about an individual who is reasonably identifiable:

a. whether the information or opinion is true or not

b. whether the information or opinion is recorded in a material form or not.

Paragraph 6.125 of the FOI Guidelines provides that personal information can include a person’s name, address, telephone number, date of birth, medical records, bank account details, taxation information and signature.

Documents 2 to 5, 10, 12 to 15, 20 to 23, 28 to 31 and 36 contain the names of third parties, including the names of participants, complainants, NDIS staff and staff at external legal firms.

Under section 47F(2) of the FOI Act provides that in determining whether the disclosure of documents would involve unreasonable disclosure of personal information, regard must be had to:

a. the extent to which the information is well known;

b. whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the document;

c. the availability of the information from publicly accessible sources; and

d. any other matters that the agency considers relevant.

I am of the view that the following factors do not support the release:

the relevant information will identify the third parties
the information is not well known, nor is it available from publicly available sources
the information will not advance or contribute to the information sought as part of this request
the information will not advance scrutiny of the decision

disclosure could expose the individuals to unsolicited and inappropriate contact from third parties
disclosure may cause distress to the identified individuals
disclosure would prejudice the individuals’ right to privacy.

Accordingly, I have formed the view that it would be unreasonable to publicly disclose the relevant personal information, and it is, therefore, conditionally exempt under section 47F of the FOI Act.

Business (section 47G)

Section 47G(1)(a) of the FOI Act conditionally exempts a document if its disclosure would disclose information concerning a person in respect of their business or professional affairs or concerning the business, commercial or financial affairs of an organisation where the disclosure of the information would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that organisation or undertaking in respect of its lawful business, commercial or financial affairs.

Paragraph 6.186 provides that section 47G(1)(a) concerns documents that relate to the lawful business or professional affairs of an individual, or the lawful business, commercial or financial affairs of an organisation or undertaking. To find that s 47G(1)(a) applies, a decision maker needs to be satisfied that if the document was disclosed there would be an unreasonable adverse effect, on the business or professional affairs of an individual, or on the lawful business, commercial or financial affairs of an organisation or undertaking.

I have considered the documents provided by the Legal Operations team, and I have determined that Documents 2 to 36 contain information concerning the business or professional affairs of external legal firms undertaking their lawful business. This information is in relation to complaints and feedback. This information is not in the public domain.

I have formed the view that the external legal firms were undertaking their lawful business, and that if the information were to be released, it would, or could reasonably be expected to, unreasonably affect individuals and the external legal firms in undertaking their usual lawful business.

Accordingly, I have decided that the relevant information in Documents 2 to 36 is conditionally exempt under section 47G of the FOI Act.

Public interest considerations – sections 47E(d), 47F and 47G

Section 11A(5) of the FOI Act states: The agency or Minister must give the person access to the document if it is conditionally exempt at a particular time unless (in the circumstances) access to the document at that time would, on balance, be contrary to the public interest.

I have considered the factors favouring disclosure as set out in section 11B(3) of the FOI Act. The relevant factors being whether access to the document would:

(a) promote the objects of this Act (including all the matters set out in sections 3 and 3A);

(b) inform debate on a matter of public importance;

In my view, disclosure of this information would not increase public participation in NDIA processes (section 3(2)(a) of the FOI Act), nor would it increase scrutiny or discussion of NDIA activities (section 3(2)(b) of the FOI Act).

The FOI Guidelines provides a non-exhaustive list of the factors against access to information at paragraph 6.233, the relevant factors being:

could reasonably be expected to prejudice the protection of an individual’s right to privacy
could reasonably be expected to prejudice the fair treatment of individuals and the information is about unsubstantiated allegations of misconduct or unlawful, negligent or improper conduct
could reasonably be expected to harm the interests of an individual or group of individuals
could reasonably be expected to prejudice the management function of an agency.

I am satisfied that the factors against disclosure of the information far outweigh the factors in favour of disclosure and that, on balance, it would be contrary to the public interest to release this information to you.

As such, I have decided the information in documents 1 to 36 is exempt under sections 47E, 47F and 47G of the FOI Act and I have decided to refuse access to it.

Attachment C

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](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:

Online: [OAIC Review Application Form](OAIC Review Application Form)
Post: Office of the Australian Information Commissioner GPO Box 5218 SYDNEY NSW 2001
Email: enquiries@oaic.gov.au
Phone: 1300 363 992 (local call charge)
Website: www.oaic.gov.au

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: ombudsman@ombudsman.gov.au