Our reference: FOI 25/26-0132
15 October 2025
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
Bob Buckley
Right to Know
By email: foi+request-13431-b3679736@righttoknow.org.au
Dear Bob Buckley
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 19 July 2025 (your correspondence), 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:
“….all information held by your Agency that show:
- the definition of “mild autism” the Agency is currently using, 2. the most recent reporting of the numbers of NDIS participants with “mild autism” as their primary disability broken down by age or age groups, 3. the most recent reporting of the number of NDIS with “mild autism” but not as their primary disability type broken down by age or age category 4. reporting on the cost of NDIS plans for participants with “mild autism” as broken down in 2 & 3 above….“
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 19 July 2025, the original due date for
your request was 18 August 2025.
On 25 July 2025, you agreed via email to a 30-day extension of time under section 15AA of
the FOI Act, making 17 September 2025 the new date to provide you with a decision on
access.
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, we have continued to process your application. We apologise for the delay and
confirm that you retain your right to seek external review of this decision. Details are set out
in Attachment C to this letter.
Searches conducted
Searches were conducted by the Analytics, Data and Actuarial Division for documents
relevant to the scope of your FOI request.
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Section 17(1)(c) of the FOI Act provides that an agency can produce a written document
containing the requested information, by the use of a computer or other equipment that is
ordinarily available for retrieving or collating stored information. We have been able to
produce a document containing the information you requested. We have, therefore, treated
your request as if it were a request for access to this document in accordance with section
17(1)(c) of the FOI Act.
As a result of this search, one (1) document was located. This search was undertaken
between 25 July and 11 August 2025 and was overseen by senior staff.
Decision
The writer is an officer authorised pursuant to section 23(1) of the FOI Act to make a
decision on this FOI request.
We advise no documents were located during searches relevant to:
“…mild autism…”
The Agency does not use the term ‘mild Autism’. Therefore, we have decided to refuse
access to that part of your request pursuant to 24A of the FOI act on the grounds the
documents cannot be located or do not exist.
On the basis that your reference to ‘mild Autism’ is a reference to a diagnosis of Level 1
Autism and a high level of function (1 to 5), which is an equivalent term the Agency uses, we
have decided to grant access in full to one (1) document.
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 this decision, or lodge a complaint, are set out at
Attachment C.
Should you have any enquiries concerning this matter, please do not hesitate to contact us
by email at foi@ndis.gov.au.
Yours sincerely
Rachelle
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 25/26-0132
Autism
Date: Not Available
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 4-2 | Section 17 Document — Data and Analytics — Autism Date: Not Available |
FULL ACCESS | Document created under section 17 of the FOI Act |
Delivered by the
National Disability
Insurance Agency
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Attachment B
Statement of Reasons
FOI 25/26-0132
REFUSAL UNDER 24A
We have refused access to the information you requested under section 24A of the FOI Act
on the basis that documents are unlocatable or do not exist.
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.
Searches for documents
After reviewing the scope of your request, we identified the need to make enquiries with the
NDIA’s Analytics, Data and Actuarial Team (ADA) for documents relevant to your scope.
Based on the search results from the relevant business areas and consultation with subject
matter experts, we are satisfied that documents relevant to the scope of your request do not
exist.
We therefore refuse access to the information under section 24A of the FOI Act on the basis
that the information cannot be found or does not exist.
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ATTACHMENT C
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
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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