NDIS correspondence: Request Acknowledgement - FOI 25/26-2150

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Our reference: FOI 25/26-2150 [LEXD 16809]

GPO Box 700
Canberra ACT 2601
1800 800 110
9 April 2026
ndis.gov.au

TS

By email: foi+request-14320-734373af@righttoknow.org.au

Dear TS

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 17 February 2026, 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:

“Please provide me with copies of the following training documents. Where these existing video form and access is not practical, I will accept a transcript.

Transcript - Practical Refusals with Rebecca redacted - 2024-03-27.docx

Tool - FOI - Example of scoping decision table.docx

Training presentation - Scoping FOI requests with Rebecca redacted 2024.04.10.pptx

Training video - Scoping FOI requests with Rececca redacted 2024.04.10.mp4

Transcript - Scoping FOI requests with Rebecca redacted 2024.04.10.docx

Training presentation - Extensions of Time under the FOI Act with Rebecca redacted - 2024.04.17.pptx

Training transcript - Extensions of Time under the FOI Act with Rebecca redacted - 2024-04- 17.docx

Training video - Extensions of Time under the FOI Act with Rebecca redacted - 2024.04.17.mp4

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Team training Third Party Consultations with Jennifer redacted_2024-04-23.docx

Team training_ Third Party Consultations with Jennifer redacted-20240424_093502-Meeting Recording.mp4

Sampling exercise - TAB Digest @ 30.04.24.xlsx

Sample privacy statement - Microsoft.pdf

Training Transcript - FOI - Information sharing and consent with Peter redacted - 2024-04- 30.docx

Training video - FOI - Reporting for Team Leaders.mp4

Example of significant matters report - GC visibility.xlsx

Task Card - FOI - Recording General Counsel report information on LEX.docx

Training slideshow - FOI - Sta accesses - 2024-06-12.pptx

Training transcript - FOI sta accesses - 2024-06-12.docx

Training video - FOI - Sta accesses - 2024.06.12.mp4

CMFOI_ International Access to Information day (second session) 2024.10.01.mp4”

Processing Timeframes

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 17 February 2026, the original due date for your request was 19 March 2026.

On 16 March and 26 March 2026, we submitted a request to the Office of the Australian Information Commissioner (OAIC) for an extension of time pursuant to 15AB of the FOI Act. The OAIC granted these two extensions for a total of 21-days, making the new due date to provide you with a decision 9 April 2026.

Searches conducted

Searches were conducted by Freedom of Information Team for documents relevant to the scope of your request.

As a result of this search, twenty (20) documents were located.

Where documents were located in video format, these have been converted to transcripts pursuant to section 20(1)(d) of the FOI Act.

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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 6 documents; and
  • Grant access in part to 14 documents in accordance with section 22 — Access to edited copies with exempt or irrelevant matter deleted on the grounds that the deleted material is considered exempt under 47E(d) — Public interest conditional exemptions — certain operations of agencies, 47F — Public interest conditional exemptions — personal privacy, and 47G — Public interest conditional exemptions — business of the FOI Act

Section 22 — Access to edited copies with exempt or irrelevant material deleted

Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a document where the agency has decided to refuse access to an exempt document or that to give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access.

I have identified exempt material in 15 documents and am satisfied that it is reasonably practicable to remove this material and release the documents to you in an edited form.

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.

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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

Schedule of Documents for FOI 25/26-2150

Document number Page number Description Access Decision Comments
1 1-35 Transcript – Practical Refusals with Rebecca redacted

Date: 27 March 2024 | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | | | 2 | 36-37 | Resource – Example of Scoping Decision Table

Date: undated | FULL ACCESS | | | 3 | 38-52 | Presentation – FOI Training Scoping Information Access Requests

Date: April 2024 | FULL ACCESS | | | 4 | 53-64 | Transcript – Training Video – Scoping FOI Requests with Rebecca redacted

Date: 10 April 2024 | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | | | 5 | 65-84 | Transcript – Scoping FOI Requests with Rebecca redacted

Date: 10 April 2024 | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | | | 6 | 85-96 | Presentation – FOI Training Extensions of Time

Date: April 2024 | FULL ACCESS | | | 7 | 97-125 | Transcript – Extensions of Time Under the FOI Act with Rebecca redacted

Date: 17 April 2024 | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | |

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Document number Page number Description Access Decision Comments
8 126-140 Transcript – Extensions of Time Under the FOI Act with Rebecca redacted

Date: 17 April 2024 | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | | | 9 | 141-150 | Transcript – Third Party Consultations

Date: undated | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | | | 10 | 151-172 | Transcript – Third Party Consultations with Jennifer redacted

Date: 24 April 2024 | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | | | 11 | 173-174 | Resource – Sampling Exercise TAB Digest

Date: 30 April 2024 | FULL ACCESS | | | 12 | 175-182 | Resource – Sample Privacy Statement – Microsoft

Date: undated | FULL ACCESS | | | 13 | 183-194 | Transcript – Information Sharing and Consent

Date: undated | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | | | 14 | 195-224 | Transcript – FOI Reporting for Team Leaders

Date: undated | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | | | 15 | 225-226 | Resource – Example of Significant Matters Report – GC Visibility

Date: undated | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy
s47G – business information | | | 16 | 227-229 | Task Card – Recording GC Report Information on LEX

Date: undated | FULL ACCESS | |

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Document number Page number Description Access Decision Comments
17 230-242 Presentation – Training: Staff Accesses

Date: June 2024 | PARTIAL ACCESS
Exemptions claimed:
s47E(d) – operational information | | | 18 | 243-287 | Transcript – Staff Accesses

Date: 12 June 2024 | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy
s47E(d) – operational information | | | 19 | 288-318 | Transcript – Staff Accesses

Date: 12 June 2024 | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy
s47E(d) – operational information | | | 20 | 319- | Transcript – International Access to Information Day (Second Session)

Date: 1 October 2024 | PARTIAL ACCESS
Exemptions claimed:
s47F – personal privacy | |

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Attachment B

Statement of Reasons

FOI 25/26-2150


REFUSAL UNDER 47F

Personal privacy (section 47F)

Section 47F(1) of the FOI Act states:

A document is conditionally exempt if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).

The FOI Act shares the same definition of ‘personal information’ as the Privacy Act 1988 (Cth). Paragraph 6.123 of the FOI Guidelines provide that:

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in material form or not.

Documents relevant to the scope of your request contain personal information of third parties.

In my assessment of whether the disclosure of this personal information is unreasonable, I have considered the following factors in accordance with section 47F(2) of the FOI Act:

  • (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) the affect the release of the personal information could reasonably have on the third party.

I found that the specific personal information contained within the documents:

  • is not well known

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  • is in relation to individuals that are not known to be or have been associated with the matters dealt with in the documents
  • is not available from publicly available sources
  • would have a negative effect on the individuals if released

Accordingly, I am satisfied that the documents are conditionally exempt under section 47F of the FOI Act.

REFUSAL UNDER 47G

Business Information (section 47G)

Section 47G(1)(a) of the FOI Act states:

(1) A document is conditionally exempt if its disclosure under this Act would disclose information concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking, in a case in which the disclosure of the information:

(a) would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that organisation or undertaking in respect of its lawful business, commercial or financial affairs;

The FOI Guidelines explain, at paragraph 6.181 that:

The operation of the business information conditional exemption depends on the effect of disclosure rather than the precise nature of the information itself. Nevertheless, the information in question must have some relevance to a person in respect of his or her business or professional affairs or to the business, commercial or financial affairs of an organisation or undertaking (s 47G(1)(a))

The Guidelines also state, at paragraph 6.191:

The use of the term ‘business or professional affairs’ distinguishes an individual’s personal or private affairs and an organisation’s internal affairs. The term ‘business affairs’ has been interpreted to mean ‘the totality of the money-making affairs of an organisation or undertaking as distinct from its private or internal affairs’.

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The documents within the scope of your request contain the details of organisations who have made FOI requests. I consider this to be the business information of those organisations or undertakings.

I find that it would be unreasonable to disclose the names of those organisations, as they would have a reasonable expectation that their FOI requests would remain confidential.

Accordingly, I consider that information described is exempt under 47G(1)(a) of the FOI Act.

REFUSAL UNDER 47E(d)

Certain operations of agencies (section 47E(d))

Section 47E(d) of the FOI Act states:

A document is a conditionally exempt if its disclosure under this act would, or could reasonably be expected to, do any of the following:

(d) have a substantial adverse effect on the proper and efficient conduct of the operations of the agency.

The FOI Guidelines, at paragraph 6.115, state:

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.

The documents within the scope of your request contain a distribution list email for the Freedom of Information Team. This email address allows important information to be communicated to the entire FOI Team. I am satisfied that disclosure would result in the misuse of this email address and may require the agency to abandon this email.

Additionally, the documents contain information about how the FOI Team generates passwords for our case management software, release of this information could allow members of the public access to this program.

Accordingly, I consider the release of this information could reasonably have a substantial adverse effect on the proper and efficient conduct of the agency and is exempt under 47E(d) of the FOI Act.

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PUBLIC INTEREST FACTORS

Public interest considerations – Section 47E, 47F and 47G

Section 11A(5) of the FOI Act states:

The agency or Minister must give the person access to the document if it is conditionally exempt at a particular time unless (in the circumstances) access to the document at that time would, on balance, be contrary to the public interest.

Irrelevant factors

I have examined the irrelevant factors in section 11B(4) of the FOI Act and I am satisfied I have not taken into account any irrelevant factors in reaching my decision.

Factors favouring disclosure

I have considered the factors favouring disclosure as set out in section 11B(3) of the FOI Act. The relevant factors being whether access to the document would:

  • (a) promote the objects of this Act (including all the matters set out in section 3 and 3A);
  • (b) inform debate on a matter of public importance;
  • (c) promote effective oversight of public expenditure

In favour of disclosure, I have considered these factors, and have determined that disclosure of the information in the documents would promote the objects of the FOI Act (including all matters set out in sections 3 and 3A).

This is because providing access to documents held by the NDIA allows for increased scrutiny, discussion, comment, and review of government held information.

I have therefore decided to afford significant weight to this factor in favouring disclosure of the document to you.

Factors weighing against disclosure

The FOI Act does not list any factors weighing against disclosure. These factors will depend on the circumstances. 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.

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Paragraph 6.233 of the FOI guidelines provides a non-exhaustive list of public interest factors against disclosure. The factors I find relevant to this request are that release of this information could reasonably be expected to prejudice:

  • the protection of an individual’s right to privacy
  • the interests of an individual or group of individuals
  • the management function of an agency

While I accept that there is a public interest in allowing scrutiny, discussion, comment and review of information held by the NDIA, there is also a strong public interest in maintaining an individual’s right to privacy, protecting the commercial value of third parties, and ensuring proper and effective communication within the agency.

On balance

I am satisfied, based on the above, the public interest factors against disclosure outweigh the factors for disclosure, and that, on balance, it is against the public interest to release the information to you. Accordingly, I find that the information is exempt under sections 47F, 47G and 47E(d) of the FOI Act.

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Attachment C

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:

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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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