Decision not to undertake an Information Commissioner review under
s 54W(a)(i) of the Freedom of Information Act 1982
Information Commissioner review applicant
David Wright
Agency
National Disability Insurance Agency
Decision date
27 June 2025
OAIC reference number
MR25/00882, MR25/00883,
MR25/00884, MR25/00879
Agency reference number
FOI 24/25-1404, FOI 24/25-1405, FOI
24/25-1406, FOI 24/25-1403
Decision
1. I refer to the application made by David Wright (the applicant) for Information
Commissioner review (IC review) of an internal review decision made by the National
Disability Insurance Agency (the Agency) under the
Freedom of Information Act 1982 (Cth)
(the FOI Act).
2. As a delegate of the Information Commissioner, I have decided to exercise my discretion
not to undertake an IC review under s 54W(a)(i) of the FOI Act.
3. The background of this matter was provided to the parties on 23 June 2025
Scope of IC review
4. The decision under review is the internal review decision, of 8 May 2025, that related to
four primary FOI Decisions and the issue to be decided is whether the Agency could
produce a document containing the information requested in discrete form.
Reasons for decision
4. Under s 54W of the FOI Act, the Information Commissioner may decide not to undertake
a review, or not to continue to undertake a review, if the Information Commissioner is
satisfied that the IC review application is lacking substance, misconceived, frivolous or
vexatious.
5. In deciding whether to exercise the discretion not to undertake a review, I have
considered:
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
link to page 2
• the internal review decision dated 8 May 2025.
• the recommendation and background provided to the applicant and Agency by an
officer of the Information Commissioner on 23 June 2025
• The nature of the documents requested and the need to create a discrete document
pursuant to s 17 of the FOI act
• the FOI Act, in particular s 54W
• the Guidelines issued by the Australian Information Commissioner under s 93A of the
FOI Act to which agencies must have regard in performing a function or exercising a
power under the FOI Act, in particular 10.100
; 1 and
• the views of the parties, where relevant.
• The Explanatory Memorandum to the Freedom of Information Amendment (Reform)
Bill 2009
6. Having regard to the above factors, I am satisfied that the applicant’s IC review
application is lacking in substance because:
• No discrete documents exist (s 24A), and that whilst it would be possible for the
Department to create a discrete document, it is clear that producing a written
document containing the information in a discrete form would substantially and
unreasonably divert the resources of the Department from its other operations (s
17(2) of the FOI Act) such that this matter is lacking in substance.
• In relation to the applicant’s submissions about confining the date range of their
request, I am satisfied that this would still give rise to a substantial and
unreasonable diversion of the resources of the Agency in accordance with s
17(2), as to identify files containing relevant material, the Agency would still
need to manually search all documents, invoices, emails, and file notes within
LEX for internal engagements.
6. With consideration of the above, I am satisfied that reviewing this matter does not
promote the objects of the FOI Act.
7. I confirm that this IC review is now closed. Your review rights are set out below.
1 See Office of the Australian Information Commissioner
, Guidelines issued by the Australian Information
Commissioner under s 93A of t
he Freedom of Information Act 1982
2
Yours sincerely,
Rachel McCormack
Assistant Director
Freedom of Information Branch
Office of the Australian Information Commissioner
27 June 2025
3
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Review rights
Judicial review
You can apply to the Federal Court of Australia or the Federal Circuit Court for a review of a
decision of the Information Commissioner if you think that a decision by the Information
Commissioner not to review or not to continue to undertake review of this IC review
application under the Freedom of Information Act 1982 (the FOI Act) is not legally correct.
You can make this application under the Administrative Decisions (Judicial Review) Act 1977.
The Court will not review the merits of your case, but it may refer the matter back to the
Information Commissioner for further consideration if it finds the decision was wrong in law
or the Information Commissioner's powers were not exercised properly.
An application for review must be made to the Court within 28 days of the OAIC sending the
decision or determination to you. You may wish to seek legal advice as the process can
involve fees and costs. Please contact the Federal Court registry in your state or territory for
more information or visit the Federal Court websi
te.2
Making a complaint to the Commonwealth Ombudsman
If you believe you have been treated unfairly by the OAIC, you can make a complaint to the
Commonwealth Ombudsman (the Ombudsman). The Ombudsman's services are free. The
Ombudsman can investigate complaints about the administrative actions of Australian
Government agencies to see if you have been treated unfairly.
If the Ombudsman finds your complaint is justified, the Ombudsman can recommend that
the OAIC reconsider or change its action or decision or take any other action that the
Ombudsman considers is appropriate. You can contact the Ombudsman's office for more
information on 1300 362 072 or visit the Commonwealth Ombudsman’s website
.3
Accessing your information
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e contact us.
More information is available on our website
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2 Se
e Federal Court of Australia
3 Se
e Commonwealth Ombudsman
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e About us: Access our information
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