Our reference: FOI 25/26-0177 (LEXD 1690)
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
14 January 2026
Justin Elks
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Justin Elks
Your Freedom of Information request — Notice of Decision
Thank you for your correspondence of 18 July 2025, in which you requested access under the
Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability
Insurance Agency (NDIA).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You have requested access to documents about the National Disability Insurance Scheme
(NDIS). Specifically, you requested access to:
The decision-making process of the NDIA Decision Panel, including but not limited to
documented procedures, policies, frameworks, guidance material, and internal
manuals that describe:
The role, composition, and authority of the NDIA Decision Panel;
The process followed by the NDIA Decision Panel when reviewing recommendations
made by NDIA planners and/or technical advisory teams.
The processes, policies, and criteria by which an NDIA delegate or the Decision Panel
can override, vary, or decline to adopt recommendations or advice provided by the
technical advisory team and/or a planner.
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Any internal governance policies, directives, or guidance material applicable to
Decision Panels or delegates about exercising discretion when their decision departs
from the advice of technical specialists or planners, including any requirements for
documenting reasons for doing so.
If possible, I request that these documents include any current versions as well as
versions that have been in force at any time during the past three (3) years.
Decision on access to documents
I am authorised to make decisions under the FOI Act. My decision on your request and the
reasons for my decision are set out below.
I have decided to refuse your request for access in accordance with section 24(1)(b) of the
FOI Act.
In reaching my decision, I took the following into account:
• your correspondence outing the particulars of your request
• the FOI Act
• the FOI Guidelines
• relevant case law and decisions concerning the operation of the FOI Act; and
• consultation with relevant officers of the NDIA.
Reasons for decisions
Power to refuse request – diversion of resources etc (section 24)
Section 24(1)(b) of the FOI Act provides that an agency may refuse a request for access to a
document if, after the request consultation process, is satisfied that a practical refusal reason
still exists, the agency may refuse access to the document.
As outlined in my letter of 15 December 2025, I have decided a ‘practical refusal reason’
exists in relation to processing your request as worded. This notice outlined that you had 14
days to
withdraw your request, make a revised request, or indicate that you do not wish to revise
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your scope. The 14-day period has now expired, and as none of these three things occurred,
I am satisfied that a practical refusal reason still exists.
Accordingly, I have decided to refuse access to you request in accordance with section
24(1)(b) of the FOI Act.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment A.
Please contact us
at xxx@xxxx.xxx.xx if you have any questions or require help.
Yours sincerely
Carolyn (CJW205)
A/g Assistant Director – Information Access
Information Access and Privacy Branch
Reviews and Information Release Division
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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 Access and Privacy 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 OAIC’s website via:
OAIC Web
Form, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
Online:
OAIC Web Form
Post:
GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone:
1300 363 992 (local call charge)
Website:
www.oaic.gov.au
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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