Our reference: FOI 25/26-1512 (LEXD 13305)
GPO Box 700 Canberra ACT 2601 1800 800 110
29 January 2026 ndis.gov.au
Namita Biswal
By email: foi+request-14094-7c1b22a2@righttoknow.org.au
Dear Namita Biswal
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 7 December 2025, in which you requested 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 requested access to the following documents:
I refer to an article published by the Guardian on the 03 December 2025 detailing their findings on the government’s proposed changes to NDIS. The article refers to an Internal Briefing document.
Could I please request a copy of that Internal Briefing document and also the NDIS’s decision making framework with regards to the proposed changes?
Processing period
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 7 December 2025, the original due date for your request was 6 January 2026. We have been experiencing processing delays, and were unable to provide you with our decision by this date. During this period, the NDIA operated under a Christmas reduced-activity period (RAP), which resulted in significantly lower staff availability across the Agency. While the RAP does not pause or extend the statutory processing timeframe under the FOI Act, it did affect the NDIA’s operational capacity to progress FOI matters at the usual rate.
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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, 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. Details are set out in Attachment B to this letter.
Search efforts
I consulted with NDIA staff in the following business areas, who conducted searches for documents relevant to the scope of your request:
- Scheme Transformation and Capability
- Service Delivery
- Policy and Practice Leadership
As a result of these searches, two (2) documents were located. The documents were identified by conducting searches of NDIA’s systems, using all reasonable search terms that could return documents relevant to your request, and consulting with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. I have decided to grant access to these two documents in full.
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.
Release of documents
The documents for release, as referred to in the schedule of documents at Attachment A, are enclosed.
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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 fxx@xxxx.xxx.xx.
Yours sincerely
Carolyn (CJW205) A/g Assistant Director – Information Access Information Access and Privacy Branch Reviews and Information Release Division
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Attachment A
Schedule of Documents
FOI 25/26-1512
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-25 | New Briefing Awareness Briefing Date: November 2025 |
FULL ACCESS |
| 2 | 26-35 | New Briefing Awareness Briefing – Run Sheet Not Dated |
FULL ACCESS |
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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 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, within 60 days of receiving this letter: OAIC Review Application Form.
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
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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: ombudsman@ombudsman.gov.au
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