NDIS correspondence: Notification of Decision - FOI 24/25-2051 | FOI release material

Our reference: FOI 24/25-2051 (LEXD 617)

13 November 2025

David Wright

By email: foi+request-13165-5b576fa0@righttoknow.org.au

Dear David Wright

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 16 May 2025, seeking access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).

We apologise for the delay in processing your request.

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:

“…FOI 24.25 0759 Documents Disclosure Log (Document 3) cites the following reference documents:

NDIA Model Litigant Guidelines

NDIA Dispute Resolution Policy

Standard Operating Procedure: Model Litigant Obligation Complaints

NDIA Model Litigant Obligations - Breaches, Themes and Learnings.

Please provide a copy of each of these documents. If there are multiple versions of some or any of the documents, please provide me with only the most recent/current version of them…“

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 16 May 2025, the original due date for your FOI request was 16 June 2025. On 22 May 2025, you agreed to a 30-day extension of time making the due date 16 July 2025.

We acknowledge that this time has lapsed and as a result we are deemed to have refused your request under section 15AC of the FOI Act.

Despite this, we have continued processing your request and extend our apologies for the delay in providing you with a decision on access. We confirm that you retain your right to seek external review by the Office of the Australian Information Commissioner (OAIC).

Search efforts

The FOI Guidelines provide that agencies and ministers should undertake a reasonable search on a flexible and common-sense interpretation of the terms of the request. At a minimum, an agency is required to have regard to the following in undertaking these searches:

the subject matter of the documents
the current and past file management systems
the record management systems in place
the individuals and line areas within an agency or minister’s office who may be able to assist with the location of documents, and
the age of the documents.

Having regard to these Guidelines, we engaged in search consultations with the following internal business area to obtain documents within their possession which may fall within the scope of your FOI request:

Information Release, Privacy and Legal Operations branch

Senior staff in the business area conducted searches for the documents and have located four (4) documents relevant to the scope of your request.

Decision on access to documents

The writer is an officer authorised to make decisions under section 23(1) of the FOI Act. The decision on your request and the reasons for this decision are set out below.

We have identified four documents which fall within the scope of your request. Two documents will be released administratively to you due to being publicly available on our website or previously published on the Disclosure Log.

For the remaining two documents, we have decided to grant access to:

1 document in part; and
1 document in full.

In reaching this decision, we took the following into account:

your correspondence on 16 May 2025 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.

Reasons for decision

Access to edited copies with exempt or irrelevant material deleted (section 22)

We have identified that Document 2 contains material that is irrelevant to your request. The irrelevant material relates to names of NDIA staff.

In accordance with section 22 of the FOI Act, we have considered whether it is possible to delete the irrelevant material from the documents and have concluded that it is reasonably practicable to do so. Accordingly, we have prepared an edited copy of the documents with the irrelevant material removed.

Deliberative processes (section 47C)

Section 47C of the FOI Act conditionally exempts a document if its release would disclose deliberative matter in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of an agency.

Paragraph 6.54 of the FOI Guidelines provides that deliberative process generally refers to the process of weighing up or evaluating competing arguments or considerations or to thinking processes – the process of reflection, for example, upon the wisdom and expediency of a proposal, a particular decision or a course of action.

Document 2 contains deliberative matter in the form of evaluating opinion, advice and recommendations recorded in the course of reviewing the carrying out of functions of the Agency.

Section 47C(2) of the FOI Act provides that deliberative matter does not include purely factual material. The FOI Guidelines provide that ‘purely factual material’ does not extend to factual material that is an integral part of the deliberative content and purpose of a document, or is embedded in or intertwined with the deliberative content such that it is impractical to excise it.

The writer is satisfied that Document 2 contains information that meets the definition of ‘deliberative matter’. We are also satisfied that to the extent that the parts of the documents that contain factual material, the factual material is an integral part of the deliberative content, or is embedded or intertwined with the deliberative content such that is it impractical to excise.

Therefore, we find that Document 2 does not contain purely factual material and is conditionally exempt under section 47C of the FOI Act.

Personal privacy (section 47F)

Section 47F of the FOI Act conditionally exempts a document if its disclosure would involve the unreasonable disclosure of personal information about any person (including a deceased person).

We have identified material in Document 2 which contains personal information of participants.

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.

Against these criteria, we 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 47C and 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.

We 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, we have considered the factors outlined in section 11B(3) of the FOI Act, and 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 and providing access to information relating to participants.

Against disclosure, we 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 section 47C and 47F of the FOI Act, the harm that would result from disclosure is that it could reasonably be expected to:

hinder the Agency’s thinking processes and the ability of Agency staff to comply with their obligations and make informed decisions, which, in turn, helps to ensure the integrity of the National Disability Insurance Scheme and assists in carrying out the Agency’s functions
affect an individual’s right to privacy by having their personal information in the public domain

In summary, the writer is 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, we have decided that the relevant information in Document 2 is exempt under sections 47C and 47F of the FOI Act.

Release of documents

The documents for release, as referred to in the Schedule of Documents at Attachment A, is enclosed.

Rights of review

Your rights to seek a review of this 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 us by email at foi@ndis.gov.au.

Yours sincerely

Rachelle Senior Freedom of Information Officer Information Access and Privacy Branch Reviews and Information Release Division

Attachment A

Schedule of Documents for FOI 24/25-2051

Document number	Page number	Description	Access Decision
1	1-2	Guiding Principles: NDIA’s Dispute Resolution Policy Date: Undated	FULL RELEASE
2	3-16	NDIA Model Litigant Obligations – Breaches, themes and learnings Date: 4 April 2023	PARTIAL RELEASE s22 - irrelevant material s47F - personal privacy s47C - deliberative process
-	-	NDIA Model Litigant Guidelines	ADMINISTRATIVE RELEASE Document available on NDIS website
-	-	Standard Operating Procedure – Model Litigant Obligation Complaints	ADMINISTRATIVE RELEASE Disclosure Log document – 24/25-1119

Delivered by the National Disability Insurance Agency 5

Attachment B

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 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 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 the OAIC’s website at www.oaic.gov.au, within 60 days of receipt of this letter.

Applications for review can be lodged with the OAIC in the following ways:

Online:   www.oaic.gov.au
Post:    GPO Box 5218, Sydney NSW 2001
Email:    enquiries@oaic.gov.au

Phone: 1300 363 992 (local call charge)

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.