NDIS correspondence: Notification of Decision - FOI 25/26-0177 (LEXD 1690)

Our reference: FOI 25/26-0177 (LEXD 1690)

GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au

14 January 2026

Justin Elks

By email: foi+request-13426-b450906d@righttoknow.org.au

Dear Justin Elks

Your Freedom of Information request — Notice of Decision

Thank you for your correspondence of 18 July 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 documents about the National Disability Insurance Scheme (NDIS). Specifically, you requested access to:

The decision-making process of the NDIA Decision Panel, including but not limited to documented procedures, policies, frameworks, guidance material, and internal manuals that describe:

The role, composition, and authority of the NDIA Decision Panel;

The process followed by the NDIA Decision Panel when reviewing recommendations made by NDIA planners and/or technical advisory teams.

The processes, policies, and criteria by which an NDIA delegate or the Decision Panel can override, vary, or decline to adopt recommendations or advice provided by the technical advisory team and/or a planner.

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Any internal governance policies, directives, or guidance material applicable to Decision Panels or delegates about exercising discretion when their decision departs from the advice of technical specialists or planners, including any requirements for documenting reasons for doing so.

If possible, I request that these documents include any current versions as well as versions that have been in force at any time during the past three (3) years.

Decision on access to documents

I am authorised to make decisions under the FOI Act. My decision on your request and the reasons for my decision are set out below.

I have decided to refuse your request for access in accordance with section 24(1)(b) of the FOI Act.

In reaching my decision, I took the following into account:

• your correspondence outing the particulars of your request
• the FOI Act
• the FOI Guidelines
• relevant case law and decisions concerning the operation of the FOI Act; and
• consultation with relevant officers of the NDIA.

Reasons for decisions

Power to refuse request – diversion of resources etc (section 24)

Section 24(1)(b) of the FOI Act provides that an agency may refuse a request for access to a document if, after the request consultation process, is satisfied that a practical refusal reason still exists, the agency may refuse access to the document.

As outlined in my letter of 15 December 2025, I have decided a ‘practical refusal reason’ exists in relation to processing your request as worded. This notice outlined that you had 14 days to

withdraw your request, make a revised request, or indicate that you do not wish to revise

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your scope. The 14-day period has now expired, and as none of these three things occurred,

I am satisfied that a practical refusal reason still exists.

Accordingly, I have decided to refuse access to you request in accordance with section 24(1)(b) of the FOI Act.

Rights of review

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

Please contact us at foi@ndis.gov.au if you have any questions or require help.

Yours sincerely

Carolyn (CJW205)

A/g Assistant Director – Information Access

Information Access and Privacy Branch Reviews and Information Release Division

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Your review rights

As this matter was a deemed refusal, internal review of this decision is not an option. However, if you have concern with any aspect of this decision, please contact the NDIA FOI team by email foi@ndis.gov.au or by post:

  Freedom of Information Section
   Information Access and Privacy Branch
  Reviews and Information Release Division
GPO Box 700
 CANBERRA ACT 2601

Review by the Office of the Australian Information Commissioner

The FOI Act gives you the right to apply to 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 form available on OAIC’s website via: OAIC Web Form, within 60 days of receipt of this letter.

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

• Online: OAIC Web Form
• Post: 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 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 identified above. Your complaint to the Ombudsman can be directed to:

• Phone: 1300 362 072 (local call charge)
• Email: ombudsman@ombudsman.gov.au

Your complaint should be in writing and should set out the grounds on which it is considered that the actions taken in relation to the request should be investigated.

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