Our reference: FOI 24/25-1119
GPO Box 700
Canberra ACT 2601
1800 800 110
4 July 2025
ndis.gov.au
David Wright
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 16 January 2025, seeking access under the
Freedom
of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance
Agency (NDIA).
I apologise for the delay in processing your request.
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:
"I request copies of any policies, guidelines or procedures concerning the agency's
handling and processing of Model Litigant Obligation complaints."
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 on16 January 2025, the original due date
for your FOI request was 15 February 2025.
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.
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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 area to obtain documents within their possession which may fall within the
scope of your FOI request:
• Legal Practice and Capability Branch
I advise that senior staff in the business area conducted searches for the documents and
have located 1 document relevant to the scope of your request.
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 1 document, which falls within the scope of your request.
Please note that the document to be released was finalised after the date of your request.
On 26 June 2025, you agreed to only receive the final version of the requested document,
which has been provided.
I have decided to grant access to 1 document in part.
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
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• the FOI Guidelines published under section 93A of the FOI Act
• relevant case law concerning the operation of the FOI Act
• consultation with relevant NDIA staff
• factors relevant to my assessment of whether or not disclosure would be in the public
interest
• the NDIA’s operating environment and functions.
Reasons for decision
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act conditionally exempts a document if its disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of the operations of an agency.
Document 1 contains information relating to certain operations of the NDIA, specifically, an
internal email address, for use only by NDIA staff in their work managing complaints made
against the Agency by members of the public.
The disclosure of this information would reveal an internal email address to the wider public.
This could result in the inappropriate use an internal communication channel and impact the
effectiveness of the Agency’s operational methods and procedures, resulting in the need for
the Agency to change those methods and procedures to ensure the future effectiveness of
the Agency.
Accordingly, I have decided that the relevant information in Document 1 is conditionally
exempt under section 47E(d) of the FOI Act.
Public interest considerations – section 47E(d)
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 Document 1 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 Document 1:
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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 47E(d) of the FOI Act, the harm that would result from disclosure is that it
could reasonably be expected to:
• prejudice the ability of the Agency to protect established contact points and procedures
of the Agency.
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
Document 1 is exempt under section 47E(d) of the FOI Act.
Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
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
Kate (KIM627)
A/Assistant Director – Freedom of Information
Non Personals Team
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-1119
Document
Page
Description
Access Decision
number
number
SOP: Model Litigant Obligation Complaints
PARTIAL ACCESS
1
1-24
Exemption claimed:
Date: March 2025
s47E(d) – certain operations of agencies
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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 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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