Our reference: FOI 24/25-1937
GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au
21 August 2025
Stuart Right to Know
By email: foi+request-13127-0ddebdcd@righttoknow.org.au
Dear Stuart
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 7 May 2025 (your correspondence), 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:
“…1. The total number of plan reassessment requests and/or persons that are currently awaiting a plan reassessment decision, and;
a). The number of plan reassessment requests/persons that have been awaiting a decision for 21 days or less.
b). The number of plan reassessment requests/persons that have been awaiting a decision for 112 days or more.
- The total number of plan variation requests and/or persons that are currently awaiting a plan variation decision, and;
a). The number of plan variation requests/persons that have been awaiting a decision for 21 days or less.
b). The number of plan variation requests/persons that have been awaiting a decision for 112 days or more…”
On 6 August 2025 you confirmed via email to the following revised scope:
“…The total number of open plan change cases at 31 March 2025:
a) those that have been awaiting a decision for 21 days or less.
b) those that have been awaiting a decision for 112 days or more…”
Processing Timeframes
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 May 2025, the original due date for your request was 6 June 2025.
On 8 May 2025, the FOI Team wrote to you requesting your agreement to a 30-day extension of time under section 15AA of the FOI Act. On 8 May 2025 you responded to our request stating you did not agree to an extension of time; therefore, the original due date still stands.
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.
Searches conducted
Searches were conducted by the Analytics, Data and Actuarial Division for documents relevant to the scope of your FOI request.
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. We 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.
As a result of this search, one (1) document was located, this search was undertaken between 1 July and 11 August 2025 and was overseen by senior staff.
Decision
I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on this FOI request.
I have decided to Grant access in full to 1 document.
The decision in relation to each document is detailed in the schedule of documents at Attachment A.
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
Patrick (PHO293) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 24/25-1937
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1 | Section 17 Document – Data and Analytics – Plan Re-assessment Date: 31 March 2025 |
FULL ACCESS | Document created under section 17 of the FOI Act |
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 Complaints Management & FOI Branch General Counsel 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 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.