Our reference: FOI 25/26-3273 (LEXD 22693)
GPO Box 700 Canberra ACT 2601 1800 800 110
ndis.gov.au 19 June 2026
Rob Stewart
By email: foi+request-14825-6cd60433@righttoknow.org.au
Dear Rob Stewart
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 21 May 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:
…All final contracts, statements of work, task orders, and paid invoices between the
Department/Agency and the communications firm ‘Fifty Acres’ (including any associated
entities or representatives).
Any final strategic communications plans, media briefs, talking points, or public relations
advice provided by Fifty Acres to the Department, the NDIA, or the Minister’s office
regarding NDIS messaging, campaigns, or legislative changes.
I request that these documents are limited to documents generated between 1 January
2025 and the date of this request.
Decision on access to documents
I am authorised to make decisions under 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 cannot be found or do not exist.
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In reaching my decision, I took into account:
- your correspondence outlining the particulars of your request;
- the FOI Act;
- the FOI Guidelines;
- relevant case law and decisions concerning the operation of the FOI Act; and
- consultation with relevant officers of the NDIA.
Searches Conducted
Searches were conducted by the following business areas for documents relevant to the scope of your FOI request:
- Chief Operating Officer
- Strategic Communications
- Procurement.
These line areas undertook comprehensive searches of their respective information management systems using the search term “Fifty Acres”. This included targeted searches across relevant records, document repositories, and email systems. In addition, each area conducted checks using vendor systems to identify any records relating to “Fifty Acres”.
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.
In reaching my decision, I have had regard to the FOI Guidelines issued by the Office of the Australian Information Commissioner, including those relating to refusal of access under section 24A (paragraphs [3.142]–[3.161]).
I have consulted with relevant NDIA staff who could reasonably be expected to identify documents within the scope of the request, including staff who are knowledgeable about the subject matter and the Agency’s recordkeeping and search processes.
These enquiries, including searches across relevant information management systems, did not locate any documents within the scope of your request. No information was identified to suggest that documents of the kind you have requested were created or are held by the NDIA.
Based on the searches undertaken and enquiries made, I am satisfied that all reasonable steps have been taken to locate the documents you have requested. I am also satisfied that the documents cannot be found or 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.
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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 fox@xxxx.xxx.au if you have any questions or require help.
Yours sincerely
Carolyn (CJW205) Assistant Director – Information Access Information Access and Privacy Branch Reviews and Information Release Division
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Attachment A
Freedom of Information request – 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 review, in writing, within 30 days of receiving 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 foi@ndis.gov.au, or sent 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 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, within 60 days of receiving this letter: OAIC Review Application Form.
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
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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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