Our reference: FOI 25/26-0748 [LEXD 9786]
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
13 May 2026
Jessica Hargreaves
By email: foi+request-13686-1733ec7c@righttoknow.org.au
Dear Jessica Hargreaves
Freedom of Information request - Notice of Decision
Thank you for your correspondence of 21 September 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 the following documents held by the NDIA:
“…1. A list or schedule of all external law firms engaged by the NDIA in the 202324 and 202425 financial years to date, including the general scope of services provided (e.g. legal advice, representation, other legal services).
A list of external consultants or advisory firms engaged by the NDIA in the 202324 and 2024-25 financial years to date, with the subject matter of the work performed.
Any procurement records or contract summaries for engagements over $100,000 in value within that same period.
I am not seeking access to the content of legal advice, privileged communications, or invoices. I am only seeking high-level information identifying the firms and the general nature of their engagements. I would prefer to receive the information in electronic form….“
Formal Request Consultation Process
On 10 April 2026, I sent you an email/letter initiating a consultation process under section
24AB of the FOI Act. I advised I intended to refuse access to your request on the grounds
that your request does not provide enough information about the documents you are seeking
as is reasonably necessary to allow us to identify them.
To date, as I have not received any further correspondence from you regarding this FOI
request, therefore I have proceeded to making my FOI decision.
Decision on access to documents
I have decided to refuse access to the information you have requested on the basis of a
‘practical refusal reason’ pursuant to section 24AA of the FOI Act as your request did not
satisfy 15(2)(b) of the FOI Act.
I made this decision as an authorised FOI decision maker under section 23(1) of the FOI
Act.
Reasons for decision
A detailed statement of reasons for my decision can be found at Attachment A.
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
Ashlea (AFG640)
Senior Freedom of Information Officer
Information Access and Privacy
Reviews and Information Release Division
Attachment A
Statement of Reasons
FOI 25/26-0748
Practical refusal reason
Refused information
I have refused access to the information you requested under section 24AA of the FOI Act
on the basis of a ‘practical refusal reason’ as your request did not satisfy section 15(2)(b) of
the FOI Act, that is, the documents could not be identified.
Relevant law
Under the FOI Act, a person has a right to be given access to documents of an agency.
However, the right of access is subject to limitations, including grounds for refusal of access.
Section 24AA of the FOI Act states that an agency may refuse a request for access to
document/s on the basis of a ‘practical refusal reason’. A practical refusal reason exists if
either (or both) of the following applies:
the work involved in the processing of the request would substantially and unreasonably
divert the resources of the Agency from its other operations; and/or
the request does not satisfy the requirement in section 15(2)(b) of the FOI Act, which
requires an FOI applicant to provide such information concerning the document/s they are
seeking access to, to enable the Agency to be able to identify it or them.
I have therefore decided to refuse your request under section 24AA of the FOI Act on the
basis that your request did not satisfy section 15(2)(b) of the FOI Act, the document/s could
not be identified.
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