Our reference: FOI 24/25-2158 (LEXD 748)
GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au
10 October 2025
Frank Fearless
By email: foi+request-13256-a0666ca8@righttoknow.org.au.
Dear Frank Fearless
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 3 June 2025, in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).
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:
“…In 2022-23, the NDIA received legal advice on the operation of the NDIS Act in relation to debt management processes…At the 2024-25 interim audit phase, in response to the risks identified [the NDIA has advised the ANAO]
…- a detailed review of current and historical debts is underway, with remediation to commence once decisions are made on all participant and provider debts;
- a consultant has been engaged by NDIA to review the debt management process“
I want to request the most recent document summarising the outcomes and the state of progress of this “detailed review…”
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Processing 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 3 June 2025, the original due date for your request was 3 July 2025. I apologise for the delay in releasing your request.
As we were not able to complete your application by the legislated due date, we are regarded as having refused your application under section 15AC of the FOI Act. Despite this, I have continued to process your application.
Further Information
On 25 August 2025 you were provided a decision regarding FOI matter 24/25-1296. In that decision, it was explained that work was still being undertaken on the debt program and was still months away from completion, and that no documents existed that describe the nature of the debts or the progress and outcome.
I have taken this request to be similar in nature to the types of documents you are requesting, however note that the timeframe is different in that we received the request on 3 June 2025.
I note that the decision for FOI matter 24/25-1296 explained that no documents existed that described the nature of debts or progress and outcome, and an approach was taken to create a document to satisfy your request. I do not consider that document created to fall within the scope of this request.
As searches had already occurred regarding FOI matter 24/25-1296, I consulted with the Fraud Fusion Taskforce and Integrity Capability Division (FFTIC) to conduct further searches for documents between the timeframe of FOI matter 24/25-1296 and this new request. FFTIC advised that they did not locate any documents relevant to the scope of this request.
As such, based on the search results from FFTIC and consultation with subject matter experts, I am satisfied that documents relevant to the scope of your request do not exist.
I therefore refuse access to the information you have requested under section 24A of the FOI Act on the basis that the information cannot be located or does not exist.
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 Release, Privacy and Legal Operations 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 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 OAIC’s website via: OAIC Web Form, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
- Online: OAIC Web Form
- Post: GPO Box 5218, Sydney NSW 2001
- Email: enquiries@oaic.gov.au
- Phone: 1300 363 992 (local call charge)
- Website: www.oaic.gov.au
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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