Our reference: FOI 24/25-2306 (LEXD 949)
GPO Box 700 Canberra ACT 2601 1800 800 110
ndis.gov.au
24 June 2026
Dan Collins
By email: foi+request-13315-67cf3211@righttoknow.org.au
Dear Dan Collins
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 21 June 2025, 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 communications sent during the period 23 August 2024 to 4 January 2025, to or from FOI branch staff members, regarding FOI 23/24-1328 or any of the 8 documents released in FOI 23/24-1328. Please include all file attachments to the communications…”
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 24(1)(b) of the FOI Act. Following the issue of a request consultation notice under section 24AB, you did not respond within the required statutory timeframe.
I am satisfied that processing your request in its current form would substantially and unreasonably divert the resources of the agency from its other operations. Despite being given an opportunity to consult and revise the scope of your request to address this issue, no response was received.
In reaching my decision, I took into account:
• your correspondence outing the particulars of your request;
• the FOI Act;
• the FOI Guidelines;1
• relevant case law and decisions concerning the operation of the FOI Act; and • consultation with relevant officers of the NDIA.
Reasons for decisions
Refuse a request for access (section 24(1)(b))
Section 24(1)(b) of the FOI Act provides that an agency may refuse to give access to documents where a practical refusal reason exists, and the agency has undertaken the request consultation process in accordance with section 24AB, but the applicant has not revised the request so that the practical refusal reason no longer exists.
I formed the view that a practical refusal reason existed in relation to your request and issued you with a request consultation notice under section 24AB, inviting you to consult with the NDIA to revise the scope of your request so that the practical refusal reason no longer existed. You did not respond to the request consultation notice within the statutory consultation period. Accordingly, I am satisfied that the requirements of section 24AB have been met and I am entitled under section 24(1)(b) to refuse your request.
I remain satisfied that a practical refusal reason exists. Based on the scope of your request, processing it would substantially and unreasonably divert the resources of the NDIA from its other operations. The scope of your request captures more than 277 documents, not including attachments. When attachments are taken into account, the volume of material is expected to increase significantly. On a reasonable estimate, there are more than 500 pages of material within scope.
At a conservative estimate of one minute per page, it would take more than 8 hours to undertake only the initial review and collation of documents. This does not include the additional time required to assess documents for potential exemptions under the FOI Act, undertake any necessary consultation with relevant parties, prepare a schedule of documents, make decisions on each document, and draft a decision letter. These additional steps would substantially increase the total processing time required.
Having regard to the volume of material, the complexity of processing, and the resources available to the NDIA, I am satisfied that processing your request would constitute a substantial and unreasonable diversion of resources.
For these reasons, I have decided to refuse your request in accordance with section 24(1)(b) 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
2
Kate Senior Freedom of Information Officer Information Release and Privacy Branch Reviews and Information Release Division
3
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 2601Review 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.au1
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.au2