Our reference: FOI 24/25-1928
GPO Box 700
Canberra ACT 2601
1800 800 110
23 July 2025
ndis.gov.au
Bob Buckley
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Bob Buckley
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 6 May 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:
“... all information and records of communication between the NDIS/NDIA and media
agencies, media representative, and/or personnel/staff employed in media organisations
that mention or refer to "mild autism" since June 2024..."
Extension of time
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 6 May 2025, the original due date for
your request was 5 June 2025.
On 30 May 2025, you agreed via email to a 30-day extension of time under section 15AA of
the FOI Act, making 5 July 2025 the new date to provide you with a decision on access.
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
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confirm that you retain your right to seek external review of this decision. Details are set out
in
Attachment A to this letter.
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:
• Media
I was advised that no documents were located as a result of this search, the search was
undertaken between 13 May and 27 May 2025, and was overseen by senior staff.
Decision on access to documents
I made this decision as an authorised FOI decision maker under section 23(1) of the FOI
Act.
Based on the search results from the Media Branch, I am satisfied that documents relevant
to the scope of your request do not exist. I am therefore refusing access to the information
you seek pursuant to section 24A of the FOI Act on the basis that the information cannot be
located or does not exist.
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Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment A.
If you have any enquiries about this matter, please contact me by email at xxx@xxxx.xxx.xx.
Yours sincerely
Patrick (PHO293)
Senior Freedom of Information Officer
Government, Risk & Legal – Complaints Management and FOI
General Counsel 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 xxx@xxxx.xxx.xx 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: 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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