Our reference: FOI 25/26-1057
GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au
26 November 2025
David Wright
By email: foi+request-13917-b519184b@righttoknow.org.au
Dear David Wright
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 23 October 2025, in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).
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 document:
“…Please provide the most recent version of Standard Operating Procedure: Implementing an ART Decision, Order, or Notice…”
Extension of time
On 27 October 2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 22 December 2025 the new date to provide you with a decision on access.
Search efforts
The FOI Guidelines provide that agencies 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’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 a search consultation with the NDIA’s ART Operations team. I advise that senior staff in the business area conducted searches for documents falling within scope of your request and located one document.
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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 reasons for my decision are set out below.
I have identified one document, which falls within the scope of your request and have decided to grant partial access to it.
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.
Reasons for decision
Section 47E(d) of the FOI Act provides that a document is conditionally exempt if its disclosure under the Act would, or could reasonably be expected to, have a substantial adverse effect om the proper and efficient conduct of the operations of an agency.
Document 1 contains an internal Agency email address. Such internal email addresses are designed for use by Agency staff and play a crucial role in facilitating communications between staff from different areas of the Agency. In my view, should such addresses be disclosed under the FOI Act, aggrieved individuals would be enabled to contact different areas of the agency rather than make use of established contact points and or to cc multiple areas into emails.
This would result in confusion and duplication of effort as well as having a negative impact on the Agency’s ability to triage and respond to complaints and questions in a logical and orderly manner.
I therefore conclude that disclosure of the relevant material under the FOI Act could reasonably be expected to have a substantial adverse effect on the proper and efficient conduct of the NDIA’s operations and it is conditionally exempt under section 47E(d) of the FOI Act.
I also consider that, on balance, it would be contrary to the public interest to disclose the relevant material. Not only is there a plain public interest in an agency properly prioritising responses to complaints and questions, were the misuse of internal agency email addresses to occur, the “noise” thereby created would likely result in delays in addressing concerns directed to established contact points.
I do not consider that disclosure of the relevant material would achieve the factors in favour of disclosure, as set out in section 11B of the FOI Act. In particular, disclosure would not promote the objects of the Act, inform debate on a matter of public importance, promote effective oversight of public expenditure or allow any person access to their own personal information.
I therefore conclude that the public interest factors that are contrary to disclosure outweigh those in favour and the relevant material is therefore exempt under section 47E(d) of the FOI Act.
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Access to an edited copy with exempt material deleted (section 22)
Having identified that Document 1 contains exempt material, in accordance with section 22 of the FOI Act, I have considered whether it is possible to delete that 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.
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
Helen (HIL533) Senior Freedom of Information Officer Information Access and Privacy Branch Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 25/26-1057
Date: 30 October 2025
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-22 | SOP: Implementing an ART Decision, Order or Notice v1.1 Date: 30 October 2025 |
PARTIAL ACCESS Exemption claimed: S47E — certain operations of agencies |
Delivered by the
National Disability Insurance Agency
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Attachment B
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review process, you should clearly outline your grounds for review (that is, the reasons why you disagree with the decision). Applications for internal review can be lodged by email to xxx@xxxx.xxv.au or sent by post to:
Freedom of Information Section Complaints Management & FOI Branch General Counsel 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 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 the OAIC’s website at www.oaic.gov.au, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
- Online: www.oaic.gov.au
- Post: GPO Box 5218, Sydney NSW 2001
- Email: enquiries@oaic.gov.au
- Phone: 1300 363 992 (local call charge)
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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