Our reference: FOI 25/26-2328
GPO Box 700 Canberra ACT 2601 1800 800 110
ndis.gov.au
23 April 2026
Frank N Fearless
By email: foi+request-14425-a63f0e06@righttoknow.org.au
Dear Frank N Fearless
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 5 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).
Scope of your request
You have requested access to the following documents:
… I seek a copy of:
- the Independent Technical Review of the Budget Method (referenced in your mediastatement today)
- Any presentation created to brief Agency leadership on the outcomes of theIndependent Technical Review of the Budget Method.
Extension of time
On 26 March 2026, the NDIA wrote to you seeking your agreement to a 30-day extension of time to process your request under section 15AA of the FOI Act. As no response was received, the NDIA subsequently applied to the Office of the Australian Information Commissioner (OAIC) for an extension of time.
On 8 April 2026, the OAIC granted the NDIA a 30-day extension of time under section 15AB of the FOI Act. Accordingly, the due date for providing you with a decision on your request was extended to 4 May 2026.
Search efforts
Searches were conducted by relevant staff in the Scheme Actuary and Chief Data Branch, using all reasonable search terms to locate documents relevant to the scope of your request. These searches were overseen by senior staff, and I am satisfied that the searches undertaken were sufficient to locate all documents that fall within the scope of your request.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your request and the reasons for my decision are set out below.
Staff in the Scheme Actuary and Chief Data Branch have identified two documents which fall within the scope of your request. I have decided to refuse access to these documents under sections 47C and 47E(d) of the FOI Act.
In reaching my decision, I took into account:
* your correspondence outlining the particulars of your request;
* the FOI Act;
* the FOI Guidelines;
* relevant case law and decisions concerning the operation of the FOI Act; and
* consultation with relevant officers of the NDIA.
* 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 decisions
Relevant law
Under the FOI Act, a person has a right to be given access to documents of an agency. However, the right of access is subject to limitations, including grounds for refusal of access.
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 refused access to the documents within scope of your request on the basis they are conditionally exempt under sections 47C(1) and 47E(d) of the FOI Act, and that the disclosure of the information would, on balance, be contrary to the public interest.
Deliberative processes (section 47C)
Section 47C of the FOI Act conditionally exempts a document if its disclosure would disclose deliberative matter in the nature of opinion, advice or recommendation, or consultation or deliberation that has taken place in the course of, or for the purposes of, the deliberative processes of an agency.
Paragraphs 6.57-6.59 of the FOI Guidelines explains that the term deliberative process generally refers to the process of weighing up or evaluating competing arguments or considerations, including an agency’s thinking processes, reflection upon proposals, and consideration of decisions or courses of action.
Section 47C(2) of the FOI Act provides that deliberative matter does not include purely factual material. However, the FOI Guidelines clarify that material is not “purely factual” where it is an integral part of the deliberative content or purpose of a document, or where it is embedded in or intertwined with deliberative material such that it is impractical to excise.
Consideration
I am satisfied that, to the extent that Documents 1 and 2 contain deliberative matter prepared for the purpose of informing the Agency’s internal consideration, consultation, and decision-making processes.
The material records opinions, advice, recommendations, analysis, and proposed courses of action relating to an independent technical review connected to the Agency’s budget methodology.
The documents form part of ongoing internal deliberations relating to budget validation work, financial forecasting, and links to New Policy Proposals and Portfolio Budget Statements. These deliberations have not yet been finalised or approved.
To the extent that the documents contain factual information, I am satisfied that this information is linked with the deliberative material and its purpose. As such, it is not
practicable to provide access to factual material alone in accordance with section 22 of the FOI Act.
Accordingly, I am satisfied that the documents are conditionally exempt under section 47C of the FOI Act.
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.
Paragraph 6.115 of the FOI Guidelines provides that the predicted effect must bear on the agency’s ‘proper and efficient’ operations, that is, the agency is undertaking its operations in an expected manner. Where disclosure of the documents reveals unlawful activities or inefficiencies, this element of the conditional exemption will not be met and the conditional exemption will not apply.
Consideration
I have formed the view that disclosure of Documents 1 and 2 would, or could reasonably be expected to, have a substantial adverse effect on the proper and efficient conduct of the Agency’s operations.
The documents relate to sensitive internal financial and budget-related deliberations of the Agency, including material prepared to inform internal consideration of future funding and policy settings. Some material relates to work undertaken to support those deliberations that has not been publicly disclosed.
Disclosure of this information could reasonably be expected to undermine the integrity of the Agency’s internal financial and budget-related deliberations, prejudice its ability to manage confidential policy and financial work, and increase the risk of premature or unauthorised disclosure of information relating to government decision-making processes. This would adversely affect the Agency’s ability to perform its usual functions in an effective and efficient manner.
I note, for the record, that none of the information in Documents 1 and 2 reveals unlawful activities or inefficiencies.
Accordingly, I am satisfied that the documents are conditionally exempt under section 47E(d) of the FOI Act.
Public interest considerations
As I have decided that the material in Documents 1 and 2 is conditionally exempt under sections 47C and 47E(d), I must also decide whether the public interest lies in favour of, or against, the release of this information.
Irrelevant factors
I have examined the irrelevant factors in section 11B(4) of the FOI Act, and I am satisfied that I have not taken into account any irrelevant factors in reaching my decision.
Factors favouring disclosure
In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI Act, and I am determined that disclosure of the information would: * promote the objects of the FOI Act (including all matters set out in sections 3 and 3A) * inform debate on a matter of public importance.
This is because providing access to documents held by the NDIA allows for increased scrutiny, discussion, comment, and review of government-held information.
Factors favouring nondisclosure
The FOI Act does not list any factors weighing against disclosure. However, the inclusion of the exemptions and conditional exemptions in the FOI Act recognises that harm may result from the disclosure of some types of documents in certain circumstances.
The FOI Guidelines provides a non-exhaustive list of the factors against access to information at paragraph 6.233. I have examined those factors, and I am satisfied that the disclosure of deliberative material related to the deliberative processes and operations of the Agency could reasonably be expected to: * prejudice an agency’s ability to obtain confidential information * prejudice an agency’s ability to obtain similar information in the future * prejudice the competitive commercial activities of an agency * prejudice the management function of an agency.
Balancing the relevant factors
I am satisfied that the factors against disclosure of the information far 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.
It is important to note that I considered the disclosure of the information and public interest at this point in time, and that if a new request were made at a later time, these factors may have changed and information may be able to be released. Paragraph 6.236 of the FOI Guidelines explains that the decision maker must determine whether giving access to a conditionally exempt document is, at the time of the decision, contrary to the public interest, taking into account the factors for and against access. The timing of the FOI request may be important. For example, it is possible that certain factors may be relevant when the decision is made, but may not be relevant if the FOI request were to reconsidered some time later.
Decision
In summary, I am satisfied that if the documents were to be released, this would have a substantial adverse effect on the operations of the Agency in undertaking its usual operations, and the Agency’s ability to undertake deliberations on matters of importance to further the work of the Agency. Accordingly, I have decided the information in Documents 1 and 2 is exempt under sections 47C(1) and 47E(d) of the FOI Act, and I have decided to refuse access to it.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment B.
Please contact us at redacted if you have any questions or require help.
Yours sincerely
Carolyn (CJW205) Assistant Director – Information Access Information Access and Privacy Branch Reviews and Information Release Division
Attachment A
Schedule of Documents
FOI 25/26-2328
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | - | Review – Interim Report Date: February 2026 |
REFUSED ACCESS | Exemptions claimed: s47C(1) – deliberative processes s47E(d) – certain operations of agencies |
| 2 | - | Validation Briefing Date: February 2026 |
REFUSED ACCESS | Exemptions claimed: s47C(1) – deliberative processes s47E(d) – certain operations of agencies |
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 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 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:
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.auComplaints 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.au