Our reference: FOI 25/26-0749 [LEXD 9790]
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
21 April 2026
Jessica Hargreaves
By email: foi+request-13685-0d56774a@righttoknow.org.au
Dear Jessica Hargreaves
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 21 September 2025, seeking 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:
“…Under the Freedom of Information Act 1982 (Cth), I request access to the following documents:
The most recent version of the NDIA Delegations and Authorisations Manual (or equivalent document) that sets out the decision-making powers within the Agency.
A list or schedule of Senior Executive Service (SES) positions within the NDIA, including their titles and reporting lines.
Any current document that describes the functions and responsibilities of each NDIA Division and Branch.
I am seeking the most up-to-date versions available at the time of processing….“
Timeframe
A 30-day statutory period for processing your request commenced from 22 September 2025
in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access
was 21 October 2025. I note this time has lapsed and as a result we are deemed to have
refused your request under section 15AC of the FOI Act.
Despite this, I have continued to process your application. I apologise for the delay and
confirm that you retain your right to seek external review of this decision.
Search efforts
The FOI Guidelines provide that agencies and ministers should undertake a reasonable
search on a flexible and common-sense interpretation of the terms of the request. At a
minimum, an agency is required to have regard to the following in undertaking these
searches:
- the subject matter of the documents
- the current and past file management systems
- the record management systems in place
- the individuals and line areas within an agency or minister’s office who may be able to assist with the location of documents, and
- the age of the documents.
Having regard to these Guidelines, I engaged in search consultations with the following
internal business area to obtain documents within their possession which may fall within the
scope of your FOI request:
- Participant Safeguarding Response Branch.
I advise that senior staff in the business area conducted searches for the documents and
have located 1 document relevant to the scope of your request.
The staff from the line area have advised that there are no documents for points 2 and 3 of
your request, and the creation of any documents would be a diversion of resources.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your
request and the reason for my decision is set out below.
I have identified 1 document, which falls within the scope of your request.
I have decided to grant access to 1 document in full.
In reaching my decision, I took the following into account:
- your correspondence outlining the scope of your request
- the nature and content of the documents falling within the scope of your request
- the FOI Act
- the FOI Guidelines published under section 93A of the FOI Act
- the NDIA’s operating environment and functions.
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 B.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at fox@xxxx.xxx.xx.
Yours sincerely
Jordyn (JHD938)
Senior Freedom of Information Officer
Information Access and Privacy Branch
Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 25/26-0749
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-48 | Instrument of Delegation 2 of 2025 As of 23 May 2025 |
FULL ACCESS |
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:
- Online: 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:
redacted: ombuxxxxx@xxxxxxxxx.xxx.xx