NDIS correspondence: Notification of Decision - FOI 25/26-0745

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Our reference: FOI 25/26-0745 [LEXD 9782]

GPO Box 700 Canberra ACT 2601 1800 800 110

23 April 2026 ndis.gov.au

Jessica Hargreaves

By email: foi+request-13682-09064c06@righttoknow.org.au

Dear Jessica Hargreaves

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 21 September 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:

“…The current organisational chart of the National Disability Insurance Scheme (NDIS) / National Disability Insurance Agency (NDIA), showing the structure of divisions, branches, and functions.

For each division or function listed in the organisational chart, the name of the responsible Director.

For each branch within the NDIA, the name of the responsible Branch Manager.

I am seeking the most up-to-date version of this information available at the time of processing this request….“

Timeframe

A 30-day statutory period for processing your request commenced from 22 September 2025 in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was 21 October 2025. I note this time has lapsed and as a result we are deemed to have refused your request under section 15AC of the FOI Act.

1

Despite this, I have continued to process your application. I apologise for the delay and

confirm that you retain your right to seek external review of this decision.

Search efforts

The FOI Guidelines provide that agencies and ministers should undertake a reasonable

search on a flexible and common-sense interpretation of the terms of the request. At a

minimum, an agency is required to have regard to the following in undertaking these

searches:

  • the subject matter of the documents
  • the current and past file management systems
  • the record management systems in place
  • the individuals and line areas within an agency or minister’s office who may be able to assist with the location of documents, and
  • the age of the documents.

Having regard to these Guidelines, I engaged in search consultations with the following

internal business area to obtain documents within their possession which may fall within the

scope of your FOI request:

  • Workplace Conditions & SES Services.

I advise that senior staff in the business area conducted searches for the documents and

have located 1 document relevant to the scope of your request.

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 reason for my decision is set out below.

I have identified 1 document, which falls within the scope of your request.

I have decided to grant access to 1 document in part.

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

  • your correspondence outlining the scope of your request
  • 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.

Reasons for decision

Personal privacy (section 47F)

Section 47F of the FOI Act conditionally exempts a document(s) if its disclosure would

involve the unreasonable disclosure of personal information about any person (including a

deceased person).

I have identified material in the documents falling within scope of your request which

contains personal information of a third party / third parties.

Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents

would involve unreasonable disclosure of personal information, regard must be had to:

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. any other matters that the agency considers relevant.

Against these criteria, I take the view that:

a. it is apparent from the information that an individual is identifiable; and

b. the information referred to above is not readily available from publicly accessible sources.

With reference to the assessment above, it would be unreasonable to disclose publicly this

personal information and is therefore conditionally exempt under section 47F(1) 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.

I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI

Act in making this decision.

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 1 would

promote the objects of the FOI Act by providing access to documents held by the

government and providing access to information.

Against disclosure, I consider that disclosure of the relevant information in Document 1:

  • would not contribute to the publication of information of sufficient public interest to justify the likely harm caused by release
  • would not enhance Australia’s representative democracy in the ways described in section 11B(3) of the FOI Act
  • would not inform any debate on a matter of public importance, or promote oversight of public expenditure.

While there is limited public interest in the disclosure of information conditionally exempt

under section 47F of the FOI Act, the harm that would result from disclosure is that it could

reasonably be expected to:

  • affect an individual’s right to privacy by having their personal information in the public domain.

In summary, I am satisfied that the factors against disclosure of the information outweigh the

factors in favour of disclosure and that, on balance, it would be contrary to the public interest

to release this information to you. Accordingly, I have decided that the relevant information in

Document 1 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,

is 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 fox@xxxx.xxx.xx.

Yours sincerely

Jordyn (JHD938)

Senior Freedom of Information Officer

Information Access and Privacy Branch

Reviews and Information Release Division

Attachment A

Schedule of Documents for FOI 25/26-0745

Document number Page number Description Access Decision
1 1 NDIA Organisational Chart

As of 22 September 2025
PARTIAL ACCESS
Exemption claimed:
s47F – personal privacy

Attachment B

Freedom of Information request – Your review rights

As your request is deemed to have been refused under section 15AC of the FOI Act

because of processing delays, you are unable to apply for an internal review of the decision.

However, if you have concern with any aspect of this decision, please contact the NDIA FOI

team by email at foi@ndis.gov.au , or 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 the 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: OAIC Review Application Form.

An application to the OAIC must be made within 60 calendar days from the date of the

deemed refusal decision, as set out in our letter to you (Notice of Decision). You may also

apply to the OAIC for an extension of this timeframe, from the date of the deemed refusal

decision until the date of your application for review.

Applications for review can be lodged with the OAIC in the following ways:

  • Online: OAIC Review Application Form
  • Post: Office of the Australian Information Commissioner 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 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:

  • Phone: 1300 362 072 (local call charge)
  • Email: redacted: ombuxxxxx@xxxxxxxxx.xxx.xx