Our reference: FOI 25/26-2521 (LEXD 18885)
GPO Box 700 Canberra ACT 2601 1800 800 110 18 May 2026 ndis.gov.au
Bob Buckley
By email: foi+request-14517-f2c4f7ab@righttoknow.org.au
Dear Bob Buckley
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 20 March 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).
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:
… Please provide, in accordance with the provisions of the Freedom of Information Act
1982, please provide all information about how the NDIS planned to and will work with
participants, partners, providers, and relevant stakeholders to ensure participants were
supported when AEIOU stopped providing services for autistic children.
Processing timeframe
The FOI Act provides 30 calendar days for the processing of an FOI request after it is
received. As your valid FOI request was received on 20 March 2026, the original due date
for your request was 20 April 2026.
As we were unable to provide you with a decision on your request by the legislated due date,
your application is regarded as a deemed refusal under section 15AC of the FOI Act.
Despite this, I have continued to process your application. I apologise for the delay and
confirm that you retain your right to seek external review of this decision. Details are set out
in Attachment B to this letter.
1
Searches conducted
Searches were conducted by the Partners and Providers Branch for documents relevant to
the scope of your FOI request.
The documents were identified by conducting searches of NDIA’s systems, using all
reasonable search terms that could return documents relevant to your request, and
consulting with relevant NDIA staff who could be expected to be able to identify documents
within the scope of the request. As a result of these searches, two (2) documents were
located, these searches were overseen by senior staff.
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 one (1) document in full and one (1) document in part, subject to sections
47F an 47E(d) of the FOI Act.
The decision in relation to each document is detailed in the schedule of documents at
Attachment A.
A statement of reasons for this decision are set out in Attachment B.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment C.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at foi@ndis.gov.au.
Yours sincerely
Nikole (NHM288) Senior Freedom of Information Officer Information Access and Privacy Branch Reviews and Information Release Division
2
Attachment A
Schedule of Documents for FOI 25/26-2521
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-30 | Framework - Provider Exit Date: February 2026 |
FULL ACCESS |
| 2 | 31-38 | Talking Points - Provider Exit - AEIOU Foundation – V3 Date: 16 March 2026 |
PARTIAL ACCESS Exemption(s) claimed: s47E(d) – certain operations of agencies s47F – personal privacy |
3
Attachment B
Statement of Reasons
FOI 25/26-2521
In reaching my decision, I took the following 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
- factors relevant to my assessment of whether or not disclosure would be in the public interest
- the NDIA’s operating environment and functions.
Access to edited copies with exempt or irrelevant material deleted (section 22)
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt and irrelevant material from the documents and have concluded that it is
reasonably practicable to do so. Accordingly, I have prepared an edited copy of the
documents with the exempt and irrelevant material removed.
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act conditionally exempts a document if its disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of the operations of an agency.
Document two (2) contains information relating to certain operations of the NDIA,
specifically, the contact details of internal mailboxes intended for use by NDIA staff only, and
information relating to risks and budgeting requirements of the NDIA.
Specialist mailboxes are not intended for public or general use; emails that are sent to these
mailboxes can be effectively allocated to particular subject matter experts within the NDIA.
This facilitates the provision of efficient and effective advice, where required. Were these
mailboxes to be made public, there is a reasonable likelihood of aggrieved members of the
public seeking to gain advantage over others, by using internal points of contact in place of
4
the appropriate external contact pathways. This could result in congestion of these
mailboxes, and reduce the ability of staff to respond to targeted emails that require their
subject matter expertise.
Disclosure of these internal mailboxes would, or could reasonably be expected to, result in
the need for the NDIA to change their internal communication methods and procedures to
ensure NDIA communication channels remain effective. I am satisfied this is a substantial
adverse effect on the proper and efficient operations of the NDIA.
Accordingly, I find that disclosure of this information would or could reasonably be expected
to have a substantial adverse effect on the operations of the Agency and is therefore
conditionally exempt under section 47E(d) of the FOI Act.
Personal privacy (section 47F)
Section 47F of the FOI Act conditionally exempts a document(s) if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a
deceased person).
I have identified material in the documents falling within scope of your request which
contains staff names which are not commonly known to you.
The Office of the Australian Information Commissioner (OAIC) has released guidance to
agencies when considering whether to release staff names as part of an FOI request. The
guidance provides that A public servant’s name, and information about where they work and
how they can be contacted, is personal information. It is information about an identified
individual, or an individual who is reasonably identifiable… Section 19 of the Work Health
and Safety Act 2011 requires employers to ensure, as far as is reasonably practicable, the
health and safety of their workers. This means employers must eliminate risks to health and
safety so far as is reasonably practicable to do, or minimise the risks if it is not reasonably
practicable to eliminate them (section 17).
Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents
would involve unreasonable disclosure of personal information, regard must be had to:
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources; and
d. any other matters that the agency considers relevant.
5
Against these criteria, I take the view that:
a. it is apparent from the information that an individual is identifiable; and
b. the information referred to above is not readily available from publicly accessible
sources.
With reference to the assessment above, it would be unreasonable to disclose publicly this
personal information and is therefore conditionally exempt under section 47F(1) of the FOI
Act.
Public interest considerations – section 47E(d), 47F
Section 11A(5) of the FOI Act provides that access to a document covered by a conditional
exemption must be provided unless disclosure would be contrary to the public interest.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI
Act, and I have determined that disclosure of the relevant information in Document 2 would
promote the objects of the FOI Act by providing access to documents held by the
government.
Against disclosure, I consider that disclosure of the relevant information in Document 2:
-
would not contribute to the publication of information of sufficient public interest to justify the likely harm caused by release
-
would not enhance Australia’s representative democracy in the ways described in
section 11B(3) of the FOI Act
-
would not inform any debate on a matter of public importance, or promote oversight of
public expenditure.
While there is limited public interest in the disclosure of information conditionally exempt
under sections 47E(d) and 47F of the FOI Act, the harm that would result from disclosure is
that it could reasonably be expected to:
-
prejudice the ability of the Agency to protect established contact points and procedures
of the Agency
6
-
affect an individual’s right to privacy by having their personal information in the public
domain.
In summary, I am satisfied that the factors against disclosure of the information outweigh the
factors in favour of disclosure and that, on balance, it would be contrary to the public interest
to release this information to you. Accordingly, I have decided that the relevant information in
Document 2 is exempt under sections 47E(d) and 47F of the FOI Act.
7
Attachment C Your review rights
As this matter was a deemed refusal, internal review of this decision is not an option. However, if you have concern with any aspect of this decision, please contact the NDIA FOI team by email foi@ndis.gov.au or by post:
Freedom of Information Section Information Access and Privacy Branch Reviews and Information Release Division GPO Box 700 CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner The FOI Act 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.
8