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NDIS — FOI 25/26-1771 (LEXD 14580): Notification of Decision

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Freedom of Information request — Notice of Decision

Our reference: FOI 25/26-1771 (LEXD 14580)

GPO Box 700 Canberra ACT 2601 1800 800 110 16 September 2026 dis.gov.au

Dan Collins By email: foi+request-14175-b957173c@righttoknow.org.au Dear Dan Collins

Thank you for your correspondence of 10 January 2026, 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 requested access to the following documents: “As per the Freedom of Information Act I am requesting access to the below documents: The official NDIS webpage titled ‘Frequently asked questions about legislation’\n (available at\n https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ndis.gov.au\n %2Fabout-us%2Fimproving-ndis%2Fchanges-ndis-legislation%2Ffrequently-asked-%20questions-about- legislation&data=05%7C02%7Cfoi%40ndis.gov.au%7Cce2c148fd426498e495408de50\n 46556a%7Ccd778b65752d454a87cfb9990fe58993%7C0%7C0%7C63903646035232\n 7467%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuM\n DAwMCIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%\n 7C40000%7C%7C%7C&sdata=IeMQxyCuFo6p%2F1NAl0xa2UdxIEKiB0Uo9M7KvJfDY\n y8%3D&reserved=0) has been updated several times since its creation and publication to add, change, and remove content.

  • I am requesting a copy of each version of this FAQ webpage that was published

between 1 September 2025 and 31 December 2025.

Processing period

The original date by which to provide you with a decision on your request was 9 February

  1. We have been experiencing processing delays, and were unable to provide you with a

decision by this date. Consequently, your application is deemed to have been refused under

section 15AC of the FOI Act.

I note that this access decision is being released to you after the due date, and I apologise

for the delay. In the interests of not causing any further delay, I have decided not to apply for

an extension from the Office of the Australian Information Commissioner (OAIC) under

section 15AC of the FOI Act. This means that you are unable to seek an internal review of

this decision. However, you are able to apply to the OAIC for an external review of this

decision. Please see Attachment B for more information about your rights of review.

Search efforts

Reasonable searches were conducted of NDIA business systems, using all reasonable

search terms that could return documents relevant to your request. In addition, I have

consulted with relevant NDIA staff in the Strategic Communications Branch who could be

reasonably expected to be able to identify documents within the scope of your request.

As a result of these searches, I have identified 5 documents, which fall within the scope of

your request.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act.

I have decided to grant access to 5 documents in full.

Reasons for decision

In reaching my decision, I have taken 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

  • relevant case law concerning the operation of the FOI Act

  • consultation with relevant NDIA staff and business areas

  • factors relevant to my assessment of whether or not disclosure of information would

    be in the public interest

  • the operating environment and functions of the NDIA

Release of documents

The documents for release, as referred to in the schedule of documents at Attachment A,

are 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 foi@ndis.gov.au.

Yours sincerely

Saoirse (SFG115)

Senior Freedom of Information Officer

Information Access and Privacy Branch

Reviews and Information Release Division

National Disability Insurance Agency

Schedule of Documents

FOI 25/26-1771

Attachment A

Document Page Number Description Access Decision Comments
1 1-24 Frequently asked questions about legislation FULL ACCESS
2 25-48 Frequently asked questions about legislation FULL ACCESS
3 49-72 Frequently asked questions about legislation FULL ACCESS
4 73-96 Frequently asked questions about legislation FULL ACCESS
5 97-119 Frequently asked questions about legislation FULL ACCESS

Attachment C

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:

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:

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