Our reference: FOI 25/26-0958 [LEXD 10751]
GPO Box 700
Canberra ACT 2601
1800 800 11010 February 2026 ndis.gov.au
Stuart
By email: redacted: foi+request-13852-712d19dc@righttoknow.org.au
Dear Stuart
Freedom of Information request — Notice of revised decision under section 55G of
the Freedom of Information Act 1982
Thank you for your correspondence of 12 October 2025 (your correspondence), 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:
“1. At 30 September 2025, the total number of internal review requests and/or persons awaiting an internal review decision, and;
a). The number of internal review requests/persons that have been awaiting a decision for 60 days or less.
b). The number of internal review requests/persons that have been awaiting a decision for 61-90 days.
c). The number of internal review requests/persons that have been awaiting a decision for 91 days or more.”
1Processing Timeframes
The FOI Act provides 30 calendar days for the processing of an FOI request after it is received. As your valid FOI request was received on 12 October 2025, the original due date for your request was 11 November 2025.
As we were unable to provide you with a decision on your request by the legislated due date, your application is regarded as a deemed refusal under section 15AC of the FOI Act.
We note that you have now applied to the Office of the Australian Information Commissioner (OAIC) for a review by the Information Commissioner (IC) of our deemed refusal.
Searches conducted
Searches were conducted by the Data and Analytics Branch for documents relevant to the scope of your request.
As a result of this search, no documents were located, however, the Data and Analytics Branch advised they were able to create a document containing information relevant to the scope of your request.
Section 17(1)(c) of the FOI Act provides that, to enable release of information, an agency can produce a written document containing information which is not otherwise available in discrete or written form in one of two ways. These are:
• By using a computer to retrieve the information; and
• By making a transcript of a sound recordingThe Agency has been able to use a computer to produce a document containing the information you requested.
I have therefore treated your request as if it were a request for access to this document in accordance with section 17(1)(c)(i) of the FOI Act.
Revised decision under section 55G
Section 55G(1)(a) of the FOI Act provides that at any time during an IC review, an agency may vary an access refusal decision in favour of the applicant by giving access to documents in accordance with the request (revised decision).
2Section 55G(2) provides that an agency must notify the IC of the revised decision, and that decision becomes the decision under review.
Decision
I am authorised to make decisions under section 23(1) of the FOI Act, including revised decisions under section 55G.
I have decided to:
• Grant access in full to 1 documentIn accordance with section 55G(2) of the FOI Act, I will be providing the IC with a copy of this revised decision.
If you determine that you are satisfied with this revised decision and do not require this decision to be reviewed further by the IC, please let the Agency and the OAIC know.
Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.
Yours sincerely
Patrick (PHO293) Senior Freedom of Information Officer Information Access and Privacy Branch Reviews and Information Release Division
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