Our reference: FOI 24/25-1962
GPO Box 700 Canberra ACT 2601 1800 800 110
13 August 2025 ndis.gov.au
David Wright
By email: foi+request-1xxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Freedom of Information request - Notification of Decision
Thank you for your correspondence of 12 May 2025, requesting 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 notify you of my decision on your application.
Scope of your request
You have requested access to the following documents:
“…Please provide for each of the past three financial years (2022/23, 2023/24, 2024/25):
The number of Model Litigant Obligations (MLOs) complaints received by the NDIA.
Of these, the number of complaints where the NDIA conducted an investigation into the complaint and determined that one or more of the MLOs had not been adhered to by the agency (i.e. the complaint was upheld)…”
Processing timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory period for processing your request commenced from 13 May 2025. The 30-day period can be extended in a number of ways, including with your agreement.
On 13 May 2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making the extended due date 14 July 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. I apologise for the delay and confirm that you retain your right to seek external review of this decision.
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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.
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. I have been able to produce a document containing the information you requested. I 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.
Available information and the scope of your request
The right of access to documents typically applies to only those in existence at the time of the request (that is, 12 May 2025). However, an agency can decide to include documents that were created after the date of the request if it is more administratively efficient^1. I have decided to include data up to 30 June 2025 as part of the information provided to you.
One document has been created to address your request. The document was created with information provided by senior NDIA staff within the Legal Operations Team within the Information Release, Privacy and Legal Operations Branch.
I have decided to grant access to the document in full. In reaching my decision, I took the following into account:
- your correspondence on 12 May 2025 outlining the scope of your request
- the nature and content of the documents falling within the scope of your request
- the FOI Guidelines published under section 93A of the FOI Act, particularly section 2.48
- the FOI Act
- factors relevant to my assessment of whether or not disclosure would be in the public interest.
Release of documents
The document for release, as referred to in the Schedule of Documents at Attachment A, are enclosed.
—^1 Para 2.48 of the Information Commissioner’s FOI Guidelines
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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
Patrick (PHO293) Senior Freedom 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 24/25-1962
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1 | Model Litigant Obligations (MLO) Complaints statistics – summary for three financial years Date range: July 2022 to June 2025 |
FULL ACCESS | Document created under section 17 of the FOI Act |
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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 Release, Privacy and Legal Operations 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 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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