Our reference: FOI 25/26-0122 [LEXD 1429]
4 February 2026
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
Stuart
By email: foi+request-13404-dc447193@righttoknow.org.au
Dear Stuart
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 13 July 2025, seeking 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:
“ 1. The total number of internal review requests and/or persons awaiting an internal
review decision at 30 June 2025 (FY 2024-25 Q4 end), and;
a). The number of internal review requests/persons that have been awaiting a decision
for 60 days or less.
b). The number of internal review requests/persons that have been awaiting a decision
for 61-89 days.
c). The number of internal review requests/persons that have been awaiting a decision
for 90 days or more.“
Timeframe
A 30-day statutory period for processing your request commenced from 13 July 2025 in
accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was
12 August 2025. I note this time has lapsed and as a result we are deemed to have refused
your request under section 15AC of the FOI Act.
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Despite this, I have continued to process your application. 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 A to this letter.
Searches conducted
Searches were conducted by the Data and Analytics Branch for documents relevant to the
scope of your FOI request.
As a result of this search, no documents were located, however the Data and Analytics
Branch advised they were able to create a document containing the information relevant to
your request.
Section 17 of the FOI Act provides that where:
- An application appears from the request that the desire of the applicant is for
information that is not available in discrete form in written documents of the agency;
and
- It does not appear from the request that the applicant wishes to be provided with a
computer tape or computer disk on which the information is recorded; and
- The agency is able to produce a written document containing the information in
discrete form by the use of a computer or other equipment that is available to the
agency
The agency shall deal with the request as if it were a request for access to a written
document so produced and containing that information and, for the purpose, this Act applies
as if the agency had such a document in its possession, so long as the work require to
comply with this section does not substantially and unreasonably divert the resources of the
agency from its other operations.
As the Data and Analytics Branch have been able to produce a document containing the
information you have requested, I have taken this to be a document of the agency for the
purposes of this request.
As such, one (1) document was located as being within the scope of your request.
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Decision
I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on
this FOI request.
I have decided to:
- grant access in full to 1 document
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment A.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at foi@ndis.gov.au.
Yours sincerely
Patrick (PHO293)
Senior Freedom of Information Officer
Information Access and Privacy Branch
Reviews and Information Release Division
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Attachment A
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 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 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.
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