NDIS correspondence: Request Acknowledgement - FOI 25/26-2330

Our reference: FOI 25/26-2330 (LEXD 17835)

GPO Box 700 Canberra ACT 2601 1800 800 110

ndis.gov.au

14 April 2026

Frank N Fearless

By email: foi+request-14426-d4648fbb@righttoknow.org.au

Dear Frank N Fearless

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 5 March 2026, in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).

Scope of your request

You have requested access to the following documents:

… I seek:

 - the minutes for the most recent meeting of the "External Professional Advisory Panel"

in which the budget method was discussed.

 - Any presentation or briefing paper discussing the proposed budget method sent to or

provided to participants in that meeting.

To limit the scope please not that my reference to ‘budget method’ is to be interpreted as referring to:

 - The process under section 32K whereby an individual's budget is "worked out by

applying the information in the needs assessment report for the plan“ according to the ‘method’ specified by rule.

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 decided to refuse your request for access under section 24A of the FOI Act on the basis that all reasonable steps have been taken to locate the documents you have requested and I am satisfied that they do not exist.

In reaching my decision, I took into account: * your correspondence outlining the particulars of your request * the FOI Act * the FOI Guidelines * consultation with relevant officers of the NDIA.

Reasons for decision

Refuse a request for access (section 24A)

Section 24A of the FOI Act provides that an agency may refuse a request for access to a document if all reasonable steps have been taken to find the document and the agency is satisfied that the document cannot be found or does not exist.

Paragraph 3.152 of the FOI Guidelines provides that searches should be conducted by the officers most likely to be able to find requested documents. Accordingly, I have consulted with relevant NDIA staff in the Legal, Reviews, Actuarial and Data Division, 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.

Based on these searches and consultations, the relevant business area has advised that no documents exist within the scope of your request. Specifically, a Professional Advisory Panel has not been engaged for the purpose of budget method activities, as its role has been limited to providing clinical expertise in support of validation streams only. As a result, no documentation of the kind described in your request has been created, or is held, by the NDIA.

I am satisfied that all reasonable steps have been taken to locate the documents you have requested and that the documents do not exist. I have, therefore, decided to refuse access to your request in accordance with section 24A(1)(b)(ii) 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 redacted if you have any questions or require help.

Yours sincerely

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

Attachment A

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:    ombudsman@ombudsman.gov.au

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