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NDIS correspondence: Notification of Decision - FOI 25/26-0739

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Our reference: FOI 25/26-0739 [LEXD 9765]

GPO Box 700 Canberra ACT 2601 1800 800 110 29 January 2026 ndis.gov.au

Stuart

By email: foi+request-13678-43c32b2b@righttoknow.org.au

Dear Stuart

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 18 September 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. At 31 March 2025, the total number of access requests and/or persons that were awaiting an access decision, and;

a). The number of access requests/persons that had been awaiting a decision for 21 days or less

b). The number of access requests/persons that had been awaiting a decision for 22 to 100 days

c). The number of access requests/persons that had been awaiting a decision for 111 days

d). The number of access requests/persons that had been awaiting a decision for 112 days

e). The number of access requests/persons that had been awaiting a decision for 113 days

f). The number of access requests/persons that had been awaiting a decision for 114 days or more”

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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 18 September 2025, the original due

date for your request was 18 October 2025.

On 22 September 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 23 September 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 A to this letter.

Searches conducted

Searches were conducted by the following business area for documents relevant to the

scope of your FOI request:

  • Data and Analytics Branch

As a result of this search, no documents were located relevant to the scope of your request,

however the Data and Analytics Branch advised they were able to create a document

containing the information relevant to some of your request.

Section 17 of the FOI Act provides that where:

  1. An application appears from the request that the desire of the applicant is for

information that is not available in discrete form in written documents of the agency;

and

  1. It does not appear from the request that the applicant wishes to be provided with a

computer tape of computer disk on which the information is recorded; and

  1. The agency is able to produce a written document containing the information in

discrete form by the use of a computer or other equipment that is available to the

agency

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The agency shall deal with the request as id it were a request for access to a written

document so produced and containing that information and, for the purpose, this Act applies

as if the agency had such a document in its possession, so long as the work required to

comply with this section does not substantially and unreasonably divert the resources of the

agency from its other operations.

As the Data and Analytics Branch have been able to produce a document containing some

of the information you have requested, I have taken this to be a document of the agency for

the purpose of this request.

As such, one (1) document was located as being within the scope of your request.

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

In addition, I can advise no documents were located during searches relevant to:

“a). The number of access requests/persons that had been awaiting a decision for 21 days or less

b). The number of access requests/persons that had been awaiting a decision for 22 to 100 days

c). The number of access requests/persons that had been awaiting a decision for 111 days

d). The number of access requests/persons that had been awaiting a decision for 112 days

e). The number of access requests/persons that had been awaiting a decision for 113 days

f). The number of access requests/persons that had been awaiting a decision for 114 days or more”

Therefore, I have also decided to refuse access to information relevant to the above scope

pursuant to 24A of the FOI act on the basis that this information does not exist.

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Reason for Decision

The Data and Analytics Branch have advised that the advice they provided for FOI matters 24/25-1883 and 25/26-0019 still stands, and they are unable to generate the data requested above that was refused under section 24A of the FOI Act.

The Scheme Eligibility Branch would be able to generate this data, however only using real- time numbers, and cannot provide historical figures. As such, I have not contacted them to gather these figures as they would not fall within the scope of your request.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment A.

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 Access and Privacy Branch Reviews and Information Release Division

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Attachment A

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 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 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:

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:

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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