Our reference: FOI 24/25-0251
GPO Box 700
Canberra ACT 2601
1800 800 110
11 July 2025
ndis.gov.au
David Wright
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 28 August 2024, in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the
Freedom of
Information Act 1982 (FOI Act).
The purpose of this letter is to provide you with a decision on your request.
I apologise for the delay in processing your request.
Scope of your request
You have requested access to the following documents:
“In 2022, then-Shadow Minister for the NDIS Bill Shorten publicly stated that, if elected,
the Labor party would "ask the NDIA to audit all matters where the cost of what is being
argued is less than the cost to argue it at all". This was a reference to matters before the
Administrative Appeals Tribunal in which the NDIA was a Respondent.
I seek all information held by the NDIA about:
1) Any request made to the NDIA by the Labor party and/or Minister Shorten and/or the
Minister's office, for it conduct such an audit.
2) All information provided by the NDIA to the Labor party and/or Minister Shorten and/or
the Minister's office in relation to this matter.
3) All information held internally by the NDIA about this audit.”
On 1 October 2024, you agreed to narrow the scope of your request down to the following
timeframe:
• 23 May 2022 – 23 November 2022
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Timeframe
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 28 August 2024, the original due date
for your FOI request was 27 September 2024.
On 25 September 2024, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 27 October 2024 the new date to provide you with a decision on access.
I acknowledge that this time has lapsed and as a result we are deemed to have refused your
request under section 15AC of the FOI Act. The effect of this is that you do not have a right
seek an internal review of my decision. However, I confirm that you retain your right to seek
external review by the Office of the Australian Information Commissioner (OAIC).
I note that despite this, I have continued processing your request and I extend my apologies
for the delay in providing you with a decision on access.
Search efforts
The FOI Guidelines provide that agencies and ministers should undertake a reasonable
search on a flexible and common-sense interpretation of the terms of the request. At a
minimum, an agency is required to have regard to the following in undertaking these
searches:
• the subject matter of the documents
• the current and past file management systems
• the record management systems in place
• the individuals and line areas within an agency or minister’s office who may be able
to assist with the location of documents, and
• the age of the documents.
Having regard to these Guidelines, I engaged in search consultations with the following
internal business areas and staff to obtain documents within their possession which may fall
within the scope of your FOI request:
• Legal Practice and Capability Branch
• Board Secretary, Ministerial and Parliamentary
I advise that senior staff in the aforementioned business areas conducted searches for the
documents.
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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.
I have identified 3 documents, including attachments, which fall within the scope of your
request, and I have decided to grant access to 1 document in full and 2 documents in part.
Reason for decision
I have decided that some documents and parts of documents should not be disclosed as
they contain conditionally exempt information where disclosure would be contrary to the
public interest. The information is therefore exempt, under section 47F – Personal
Information of the FOI Act.
In reaching my decision, I took the following into account:
• your correspondence of 28 August 2024 outlining the scope of your request
• The provisions of the FOI Act including s47F
• the FOI Guidelines published under section 93A of the FOI Act, which includes
guidance on what reasonable searches an agency is required to undertake
• consultation with relevant officers and business areas of the NDIA.
• factors relevant to my assessment of whether or not disclosure would be in the public
interest
A detailed statement of reasons for my decision can be found at
Attachment A.
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment B,
are enclosed.
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 xxx@xxxx.xxx.xx.
Yours sincerely
3
Wendy (WNN633)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Statement of Reasons
FOI Application FOI 24/25-0251
_________________________________________________________________________
Personal privacy (section 47F)
Section 47F of the FOI Act conditionally exempts a document if its disclosure would involve
the unreasonable disclosure of personal information about any person (including a deceased
person).
Personal information is defined as information or an opinion, whether true or not, about an
individual whose identity is apparent, or can reasonably be ascertained, from the information
or opinion.
Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents
would involve unreasonable disclosure of personal information, regard must be had to:
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources; and
d. any other matters that the agency considers relevant.
Against these criteria, I take the view that:
a. it is apparent from the information that an individual is identifiable; and
b. the information referred to above is not readily available from publicly accessible
sources.
I am satisfied the information you have requested meets the definition of personal
information of a third party and that it would be unreasonable to disclose publicly this
personal information. Therefore, the release of the documents are conditionally exempt
under section 47F(1) of the FOI Act.
Public interest considerations – section 47F
Section 11A(5) of the FOI Act provides that access to a document covered by a conditional
exemption must be provided unless disclosure would be contrary to the public interest.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI
Act, and I have determined that disclosure of the relevant information in Documents 1 and 2
would promote the objects of the FOI Act by providing access to documents held by the
government and providing access to information.
Against disclosure, I consider that disclosure of the relevant information in Documents 1 and
2:
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• would not contribute to the publication of information of sufficient public interest to justify
the likely harm caused by release
• would not enhance Australia’s representative democracy in the ways described in
section 11B(3) of the FOI Act
• would not inform any debate on a matter of public importance, or promote oversight of
public expenditure.
While there is limited public interest in the disclosure of information conditionally exempt
under section 47F of the FOI Act, the harm that would result from disclosure is that it could
reasonably be expected to:
• affect an individual’s right to privacy by having their personal information in the public
domain.
In summary, I am satisfied that the factors against disclosure of the information outweigh the
factors in favour of disclosure and that, on balance, it would be contrary to the public interest
to release this information to you. Accordingly, I have decided that the relevant information in
Documents 1 and 2 is exempt under sections 47F of the FOI Act.
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Attachment B
Schedule of Documents for FOI 24/25-0251
Document
Page
Description
Access Decision
number
number
Email
PARTIAL ACCESS
1
1-2
Subject: FW: Urgent briefing required - NDIS Appeals
process discussion Tuesday, 14 June at 9.15am
Exemption claimed:
s47F – personal privacy
Date: 10 June 2022
Ministerial Brief for Noting - NDIS Appeals process
PARTIAL ACCESS
2
3-6
Date: 10 June 2022
Exemption claimed:
s47F – personal privacy
Attachment to Document 2
FULL ACCESS
2.1
7-13
AAT Monthly Snapshot May 2022
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Attachment C
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 emai
l xxx@xxxx.xxx.xx or by post:
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 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:
xxxxxxxxx@xxxx.xxx.xx
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:
xxxxxxxxx@xxxxxxxxx.xxx.xx
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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