NDIA Accountability Project

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NDIS correspondence: Notice of Decision - FOI 25/26-1009 [LEXD 11072]

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Our reference: FOI 25/26-1009 [LEXD 11072]

GPO Box 700

Canberra ACT 2601

1800 800 110

29 January 2026

ndis.gov.au

David Wright

By email: foi+request-13881-74932c05@righttoknow.org.au

Dear David Wright

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 17 October 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:

“FOI 25.26/0499 includes the statement by your agency to a journalist that “In the

2024-25 financial year, the NDIS provided $1.8 billion for participants aged 0-8 with

developmental delay and mild to moderate autism“.

Please provide, in accordance with the provisions of the Freedom of Information Act

1982, all information held by your Agency that shows the definition of “mild to

moderate autism“ that the Agency used in compiling this statistic for the journalist.”

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 October 2025, the original due date

for your request was 16 November 2025.

On 10 November 2025, you agreed via email to a 30-day extension of time under section

15AA of the FOI Act, making 16 December 2025 the new date to provide you with a decision

on access.

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Searches conducted

As your request related to information supplied by the Media Team to a journalist, I first

contacted them to determine where they had received the information. I was supplied with

one (1) email and was advised that the information was supplied from the Analytics, Data

and Actuarial Branch.

I will note that I have reviewed this document within the context of your scope, and have

determined that it does not fall within it, as it does not provide a definition of ‘mild to

moderate autism’.

Searches were therefore conducted by the following business area for documents relevant

to the scope of your FOI request:

  • Analytics and Data Branch

No documents were located as a result of this search, this search was undertaken between

21 November and 24 November 2025 and was undertaken by the staff member who

provided Media with information.

While no document the agency holds describes the definition used in this certain instance,

the staff member who provided the information to Media advised us that:

“Our portfolio director confirmed that level of function 1 to 9 was used as an

approximation of mild to moderate autism for this media request.”

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:

  • Refuse access to the information you are seeking pursuant to section 24A of the FOI

    Act on the basis that the documents cannot be located or do not exist.

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Reasons For Decision

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 24A of the FOI Act states 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 cannot be found or does not exist.

As per the above, I have consulted directly with the staff members involved with the

statement that was provided to the journalist, and I am satisfied that both reasonable

searches were conducted in an attempt to locate documents that fall within the scope of your

request, and documents relevant to that scope do not exist.

As explained, I was provided a copy of the email between the Analytics and Data Branch

and Media Branch that contained the statement referenced in your request, however this

document does not provide a definition of ‘mild to moderate autism’, and therefore I do not

believe it falls within the scope.

I am therefore refusing access to the documents you have requested pursuant to section

24A of the FOI Act on the basis that they cannot be located or do not exist.

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 Branch

Reviews and Information Release Division

General Counsel 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:

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:

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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