Our reference: FOI 24/25-2051 (LEXD 617)
GPO Box 700
Canberra ACT 2601
1800 800 110
13 November 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 May 2025, seeking access under the
Freedom of
Information Act 1982 (FOI Act) to documents held by the National Disability Insurance
Agency (NDIA).
We 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:
"…FOI 24.25 0759 Documents Disclosure Log (Document 3) cites the following
reference documents:
- NDIA Model Litigant Guidelines
- NDIA Dispute Resolution Policy
- Standard Operating Procedure: Model Litigant Obligation Complaints
- NDIA Model Litigant Obligations - Breaches, Themes and Learnings.
Please provide a copy of each of these documents. If there are multiple versions of
some or any of the documents, please provide me with only the most recent/current
version of them…”
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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 16 May 2025, the original due date for
your FOI request was 16 June 2025. On 22 May 2025, you agreed to a 30-day extension of
time making the due date 16 July 2025.
We 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.
Despite this, we have continued processing your request and extend our apologies for the
delay in providing you with a decision on access. We confirm that you retain your right to
seek external review by the Office of the Australian Information Commissioner (OAIC).
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, we 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:
• Information Release, Privacy and Legal Operations branch
Senior staff in the business area conducted searches for the documents and have located
four (4) documents relevant to the scope of your request.
Decision on access to documents
The writer is an officer authorised to make decisions under section 23(1) of the FOI Act. The
decision on your request and the reasons for this decision are set out below.
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We have identified four documents which fall within the scope of your request. Two
documents will be released administratively to you due to being publicly available on our
website or previously published on the Disclosure Log.
For the remaining two documents, we have decided to grant access to:
• 1 document in part; and
• 1 document in full.
In reaching this decision, we took the following into account:
• your correspondence on 16 May 2025 outlining the scope of your request
• the nature and content of the documents falling within the scope of your request
• the FOI Act
• 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
Access to edited copies with exempt or irrelevant material deleted (section 22)
We have identified that Document 2 contains material that is irrelevant to your request. The
irrelevant material relates to names of NDIA staff.
In accordance with section 22 of the FOI Act, we have considered whether it is possible to
delete the irrelevant material from the documents and have concluded that it is reasonably
practicable to do so. Accordingly, we have prepared an edited copy of the documents with
the irrelevant material removed.
Deliberative processes (section 47C)
Section 47C of the FOI Act conditionally exempts a document if its release would disclose
deliberative matter in the nature of, or relating to, opinion, advice or recommendation
obtained, prepared or recorded, or consultation or deliberation that has taken place, in the
course of, or for the purposes of, the deliberative processes involved in the functions of an
agency.
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Paragraph 6.54 of the FOI Guidelines provides that deliberative process generally refers to
the process of weighing up or evaluating competing arguments or considerations or to
thinking processes – the process of reflection, for example, upon the wisdom and
expediency of a proposal, a particular decision or a course of action.
Document 2 contains deliberative matter in the form of evaluating opinion, advice and
recommendations recorded in the course of reviewing the carrying out of functions of the
Agency.
Section 47C(2) of the FOI Act provides that deliberative matter does not include purely
factual material. The FOI Guidelines provide that ‘purely factual material’ does not extend to
factual material that is an integral part of the deliberative content and purpose of a
document, or is embedded in or intertwined with the deliberative content such that it is
impractical to excise it.
The writer is satisfied that Document 2 contains information that meets the definition of
‘deliberative matter’. We are also satisfied that to the extent that the parts of the documents
that contain factual material, the factual material is an integral part of the deliberative
content, or is embedded or intertwined with the deliberative content such that is it impractical
to excise.
Therefore, we find that Document 2 does not contain purely factual material and is
conditionally exempt under section 47C of the FOI Act.
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).
We have identified material in Document 2 which contains personal information of
participants.
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
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d. any other matters that the agency considers relevant.
Against these criteria, we 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.
With reference to the assessment above, it would be unreasonable to disclose publicly this
personal information and is therefore conditionally exempt under section 47F(1) of the FOI
Act.
Public interest considerations – section 47C and 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.
We 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, we have considered the factors outlined in section 11B(3) of the FOI
Act, and have determined that disclosure of the relevant information in Document 2 would
promote the objects of the FOI Act by providing access to documents held by the
government and providing access to information relating to participants.
Against disclosure, we consider that disclosure of the relevant information in Document 2:
• 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 47C and 47F of the FOI Act, the harm that would result from disclosure is that
it could reasonably be expected to:
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• hinder the Agency’s thinking processes and the ability of Agency staff to comply with
their obligations and make informed decisions, which, in turn, helps to ensure the
integrity of the National Disability Insurance Scheme and assists in carrying out the
Agency’s functions
• affect an individual’s right to privacy by having their personal information in the public
domain
In summary, the writer is 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, we have decided that the
relevant information in Document 2 is exempt under sections 47C and 47F of the FOI Act.
Release of documents
The documents 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 this 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 us
by email at xxx@xxxx.xxx.xx.
Yours sincerely
Rachelle
Senior Freedom of Information Officer
Information Access and Privacy Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOi 24/25-2051
Document
Page
Description
Access Decision
number
number
1
1-2
Guiding Principles: NDIA's Dispute Resolution Policy
FULL RELEASE
Date: Undated
2
3-16
NOIA Model Litigant Obligations - Breaches, themes and
PARTIAL RELEASE
learnings
s22 - irrelevant material
s47F - personal privacy
Date: 4 April 2023
s47C - deliberative process
-
-
NOIA Model Litigant Guidelines
ADMINISTRATIVE RELEASE
Document available on NDIS website
-
-
Standard Operating Procedure - Model Litigant Obligation
ADMINISTRATIVE RELEASE
Complaints
Disclosure Log document -
24/25-1119
Delivered by the
National Disability
Insurance Agency
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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 email 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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