Our reference: FOI 25/26-1555 LEX:13536
GPO Box 700 Canberra ACT 2601 1800 800 110
9 January 2026 ndis.gov.au
Mark Pietsch
By email: foi+request-14099-3c6ede03@righttoknow.org.au
Dear Mark Pietsch
Your Freedom of Information request — Notification of Decision
Thank you for your correspondence of 9 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 have requested access to documents about the National Disability Insurance Scheme (NDIS). Specifically, you requested access to:
“…the final NDIS Financial Sustainability Framework document as endorsed by National Cabinet on 28 April 2023 and held by the National Disability Insurance Agency, together with any covering briefing note provided to the NDIA Board or Chief Executive Officer when the framework was issued. I do not seek drafts, earlier working versions or attachments that formed part of deliberations-only the final version of the framework and any cover brief accompanying its issuance to NDIA.
Timeframe: please limit this request to documents created between 1 March 2023 and 30 June 2023.
Exclusions: please exclude any personal contact details of staff below the Senior Executive Service level, and any duplicate copies of documents…”
Extension of time
On 11 December 2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 7 February 2026 the new date to provide you with a decision on access.
Decision on access to documents
I am authorised to make decisions under the FOI Act. My decision on your request and the reasons for my decision are set out below.
I have decided to refuse your request for access under section 24A of the FOI Act on the basis that all reasonable steps have been taken to locate the documents you have requested and I am satisfied that they cannot be found.
In reaching my decision, I took into account:
- your correspondence outing the particulars of your request;
- the FOI Act;
- the FOI Guidelines;
- relevant case law and decisions concerning the operation of the FOI Act; and
- consultation with relevant officers of the NDIA.
Reasons for decisions
Refuse a request for access (section 24A)
Section 24A of the FOI Act provides 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.
I have consulted with Senior Ministerial & Parliamentary and Finance staff who could be expected to be able to identify documents within the scope of the request, including staff who are knowledgeable about how to conduct searches of the NDIA’s systems. These enquires have revealed that the NDIA is not in possession of documents matching the scope of your request. This is because our line areas have advised us that The NDIA did not develop the NDIS Financial Sustainability Framework, therefore we did not brief the Board or CEO.
The line areas advised us that The Department of Finance and The Department of Prime Minister and Cabinet are likely to hold the requested documents if they were to exist.
To assist you and in accordance with section 16 of the FOI Act I attempted to transfer your request to The Department of Finance and The Department of Prime Minister and Cabinet. Both departments have declined to accept the transfer. I suggest making a FOI request directly to them by emailing foi@finance.gov.au and foi@pmc.gov.au..
I am satisfied that all reasonable steps have been taken to locate the documents you have requested and that the documents cannot be found. I have therefore decided to refuse access to your request in accordance with section 24A(1)(b)(ii) of the FOI Act.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment A.
Please contact us at foi@ndis.gov.au if you have any questions or require help.
Yours sincerely
Alana AFW410 A/g Assistant Director Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Your review rights
Internal Review The FOI Act gives you the right to apply for an internal review of this decision. The review will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review process, you should clearly outline your grounds for review (that is, the reasons why you disagree with the decision). Applications for internal review can be lodged by email to foi@ndis.gov.au or sent by post to:
Freedom of Information Section Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division 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 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.auPhone: 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.
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