NDIS correspondence: Notification of Decision - FOI 25/26-0555 | FOI release material

Our reference: FOI 25/26-0555

                                                        GPO Box 700
                                                                                 Canberra ACT 2601
                                                                            1800 800 110

12 February 2026 ndis.gov.au

Zack

By email: foi+request-13511-51f45019@righttoknow.org.au

Dear Zack

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 18 August 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

Your request was in the following terms:

I request a copy of the following TAB articles (see FOI 23/24-1189):

 -   *Audio description TV*

 -   *Medicinal Cannabis*

 -   *Adverse effects of bidet use*

 -   *Smoke alarm regulations by Australian State*

 -   *Effectiveness of standard and specialised smoke alarms to wake children and adults*

 -   *Translation technology*

 -   *Customised visual alert system for hearing loss*

 -   *Learner driver in Australia*

 -   *Repetitive transcranial magnetic stimulation.*

On 5 September 2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 17 October 2025 the new date to provide you with a decision on access.

Because we did not provide you with our decision by that date, we are deemed to have refused your request. However, we have continued to process your request and, while you

no longer have a right to internal review of this decision, your right to an external review is unaffected.

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.

I have identified 9 documents, which fall within the scope of your request.

Document 9 was previously disclosed in the context of an earlier FOI request (FOI 22/23- 0607) and is available upon request to the FOI team. I have therefore decided to disclose this to you on an administrative basis, rather than deciding upon its release under the FOI Act.

The remaining documents were identified by consulting with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request.

I have decided to grant access to each document in part.

In reaching my decision, I took the following into account:

• your correspondence outlining the scope of your request • your agreement that staff members’ surnames are irrelevant to your request1 • the nature and content of the documents falling within the scope of your request • the FOI Act • the FOI Guidelines published under section 93A of the FOI Act • consultation with relevant NDIA staff • factors relevant to my assessment of whether or not disclosure would be in the public

interest

• the NDIA’s operating environment and functions.

1 By email dated 5 September 2025, you agreed that staff members’ surnames and contact details were irrelevant to your request, but you asked whether, when we redacted staff members’ surnames, we would label the redaction with a number to distinguish between people with the same given name. I have taken an alternative approach and have disclosed relevant staff members’ given names and the first initial of their surname.

Access to edited copies with exempt or irrelevant material deleted (section 22)

I have identified that all 9 documents contain material that is irrelevant to your request. The irrelevant material relates to the surnames of NDIA staff members.

I have also identified that Document 7 contains material that is exempt from disclosure under section 47F of the FOI Act.

In accordance with section 22 of the FOI Act, I have considered whether it is possible to delete the exempt and irrelevant material from the documents and have concluded that it is reasonably practicable to do so. Accordingly, I have prepared an edited copy of the documents with the exempt and irrelevant material removed.

Reasons for decision

Personal privacy (section 47F)

Section 47F of the FOI Act conditionally exempts a document if its disclosure would involve the unreasonable disclosure of personal information about any person (including a deceased person).

The term “personal information“ means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information or opinion is true, and whether or not it is recorded in a material form.

Document 7 contains material about a person who was or is a participant in the National Disability Insurance Scheme (the NDIS). I am satisfied that the information in question is that person’s personal information.

Under section 47F(2) of the FOI Act, in determining whether the disclosure of personal information would be unreasonable, I must have regard to all relevant factors including:

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; and

c. the availability of the information from publicly accessible sources.

In the present case, the information is not well-known, or available from publicly accessible sources. Nor is the NDIS participant known to be associated with the research, opinion and advice dealt with in Document 7.

Although the participant is not named in the document, I consider that, if their personal information were to be disclosed under the FOI Act, it would be possible to identify them.

Absent the provisions of the FOI Act, this would amount to an improper disclosure of Agency protected information under the National Disability Insurance Scheme Act 2013 (the NDIS Act). It is not possible for me to consult with the participant in question, but I consider it unlikely that they would agree to disclosure of their personal information without their consent.

I therefore conclude that disclosure of the information in Document 7 would involve the unreasonable disclosure of personal information and the relevant parts of the document are conditionally exempt under section 47F of the FOI Act.

Public interest considerations – section 47F

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.

Section 47F is a conditional exemption.

Section 11B of the FOI Act sets out factors that favour access to conditionally exempt material and also sets out factors that are irrelevant to my decision about whether disclosure would be contrary to the public interest.

In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI Act, and I have determined that disclosure of the relevant information in Document 7 would promote the objects of the FOI Act in a general way by providing access to information held by the government. Because your FOI request is for research papers published by the NDIA’s Technical and Practice Improvement Branch, rather than for information about particular NDIS participants, I do not consider that the redaction of the personal information would disadvantage you.

I do not consider that disclosure of the relevant information would achieve the outcomes set out in section 11B(3) of the Act. In particular, disclosure:

• would not inform debate on a matter of public importance; • would not promote oversight of public expenditure; • would not allow you to access your own personal information.

While there is limited public interest in the disclosure of the conditionally exempt information, the harm that would result from disclosure is that it could reasonably be expected to intrude

on the participant’s right to protection of their personal information. Given the protections around unauthorised disclosure of protected Agency information established by the NDIS Act, I consider this factor outweighs the factors in favour of disclosure and that, on balance, it would be contrary to the public interest to disclose this information under the FOI Act.

Accordingly, I have decided that the relevant information is exempt under section 47F of the FOI Act.

Release of documents

The documents for release, as referred to in the Schedule of Documents at Attachment A, are enclosed.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment B.

Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.

Yours sincerely

Helen Senior Freedom of Information Officer [HIL533] Information Access and Privacy Branch Reviews and Information Release Division

Schedule of Documents for FOI 25/26-0555

Attachment A

Document number	Page number	Description	Access Decision	Comments
1	1-8	Research Request — Repetitive Transcranial Magnetic Stimulation Date: 15 July 2020	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act.
2	9-27	Research — Adverse effects of bidet use Date: 16 April 2021	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act.
3	28-42	Smoke Alarm Regulations by Australian State and Territory Legislation Date: 21 March 2022	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act.
4	43-63	Effectiveness of standard and specialised smoke alarms to wake children and adults Date: 4 April 2022	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act.
5	64-72	Machine translation and speech to text technology for Deaf and hard of hearing Date: 15 February 2024	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act.
6	73-74	Research Request — Audio Description Televisions (No longer in use) Date: 8 October 2020	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act.

Delivered by the

National Disability Insurance Agency

Document number	Page number	Description	Access Decision	Comments
7	75-83	Research Request — Customised visual alert system for hearing loss (No longer in use) Date: June 2020	PARTIAL ACCESS Exemption claimed: S47F — personal privacy	Irrelevant material removed under section 22 of the FOI Act
8	84-101	Research Request — Medicinal Cannabis (No longer in use) Date: 3 March 2020	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act.
9	102-112	Research Request — Learner Driver in Australia (No longer in use) Date: July 2020	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act. Administrative release.

Attachment B

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
   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 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.