NDIA Accountability Project

NDIS — FOI 26/27-0901: Notification of Decision

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Freedom of Information request — Notice of Decision

Our reference: FOI 26/27-0901 (LEXD 31503)

GPO Box 700\nCanberra ACT 2601\n1800 800 110\n25 September 2026 \ndis.gov.au\

(O)\n By email: foi+request-15580-8d0d744c@righttoknow.org.au\n Dear (O)\n Thank you for your correspondence of 6 September 2026, in which you requested access\nunder the Freedom of Information Act 1982 (FOI Act) to documents held by the National\nDisability Insurance Agency (NDIA).\n The purpose of this letter is to provide you with a decision on your request.

Scope of your request\n

You requested access to the following documents:\n\ne…the most recent documents held that explain why the NDIA is not a prescribed\ncorporate Commonwealth entity for the purposes of Section 30 of the Public\nGovernance, Performance and Accountability Rule 2014.\n\nThe includes any briefs, advice, submissions, correspondence or policy documents\ndiscussing the NDIA’s status and the criteria used to determine whether a corporate\nCommonwealth entity is prescribed under Section 30.

Search efforts\n

I have consulted with relevant NDIA staff in the Enabling Services/Chief Operating Officer\nGroup who could be reasonably expected to be able to identify documents within the scope\nof your request.\n Despite these search efforts no documents falling within the scope of your request were\nidetified.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act.

I have decided to refuse your request under section 24A(1) of the FOI Act on the basis that

all reasonable steps have been taken to locate documents within the scope of your request and I am satisfied that the requested documents do not exist within the NDIA.

Reasons for decision

In reaching my decision, I have taken into account:

  • your correspondence outlining 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 and business areas.

I am satisfied that the documents do not exist within the NDIA. As such, I am refusing access to your request in accordance with section 24A of the FOI Act.

A detailed statement of reasons for my decision can be found at Attachment A.

Rights of review

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

Yours sincerely

Carolyn (CJW205)

Assistance Director – Information Access Information Access and Privacy Branch Reviews and Information Release Division National Disability Insurance Agency

Attachment A

Statement of Reasons

FOI 26/27-0901

Refusal of access to information

Documents do not exist (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 does not exist within the NDIA. The FOI Act does not contain any guidance relating to what constitutes ‘all reasonable steps,’ however, the FOI Guidelines, at paragraph 3.144, sets out that what constitutes ‘all reasonable steps’ depends on the circumstances of each FOI request, and will be influenced by the normal practices in the agency’s operating environment. In determining whether all reasonable steps have been taken to locate documents within the scope of your request, I have had regard to the circumstances of the request, including the nature of the documents sought, the NDIA’s relevant record-keeping systems and the searches and enquiries undertaken. I am satisfied that sufficient searches of relevant NDIA business systems have been conducted, using all reasonable search terms that could return documents relevant to your request. In line with paragraph 3.152 of the FOI Guidelines, which provides that ensuring that searches are conducted by the officers most likely to be able to find any such requested documents, rather than an FOI officer, increases effectiveness of the searches. Accordingly, as set out above, I consulted with staff in the Enabling Services/Chief Operating Officer Group who could be reasonably expected to be able to identify documents within the scope of your request. Despite these search efforts, I am satisfied that the requested documents do not exist within the NDIA. The Department of Finance is responsible for determining whether an entity is prescribed under the PGPA framework, and is, therefore, better placed to respond to the subject matter of your request.

Consideration of Transfer

Section 16 of the FOI Act provides that an agency may transfer a request where the subject matter of the request is more closely connected with the functions of another agency.

I note that you have already submitted a request to the Department of Finance. Given the Department of Finance is already considering your request, I have not considered it necessary to transfer your request under section 16 of the FOI Act.

I am satisfied that all reasonable steps have been taken to locate the documents you have requested and that no documents within the scope of your request exist within the NDIA. I have, therefore, decided to refuse your request for access to the documents in accordance with section 24A(1) of the FOI Act.

I note, however, that the Department of Finance has advised that the NDIA will transition to a prescribed corporate entity from January 2027.

Attachment B

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:

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:

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