Our reference: FOI 25/26-0471 (LEX ID 8255)
GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au
26 September 2025
David Wright
By email: foi+request-13529-3183dfe9@righttoknow.org.au
Dear David Wright
Your Freedom of Information request — Notice of Decision
Thank you for your correspondence of 22 August 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:
I seek colies of all briefings from the National Disability Insurance Agency to the current Ministers for the NDIS, Mark Butler and/or Jenny McAllister, which mention the phrases “mild autism” and/or “moderate autism”.
Timeframe
On 1 September 2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 21 October 2025 the new due date for us to provide you with a decision on access.
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.
In reaching my decision, I took the into account:
- your correspondence outlining the particulars of your request;
- the FOI Act;
- the FOI Guidelines; and
- 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.
I have consulted with the Ministerial and Parliamentary team, to undertake thorough searches of the Parliamentary Document Management System (PDMS) for documents relevant to the scope of your request. These searches returned NIL results. Additionally, I consulted with all business areas within the agency, to determine if there were any documents that meet the scope of your request that are not held within PDMS. These searches also returned NIL results.
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 foi@ndis.gov.au if you have any questions or require help.
Yours sincerely
Carolyn (CJW205) A/g Assistant Director Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
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 foi@ndis.gov.au or sent by post to:
Freedom of Information Section Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division 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 OAIC’s website via: OAIC Web Form, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
- Online: OAIC Web Form
- Post: 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 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.