Our reference: FOI 25/26-0499 (LEXD 8443)
GPO Box 700
Canberra ACT 2601
1800 800 110
16 October 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 26 August 2025, in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the
Freedom of
Information Act 1982 (FOI Act).
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 fol owing documents:
I refer to an article published in the Age, Sydney Morning Herald and other
newspapers on 26 August 2025 by Natassia Chrysanthos, entitled 'After autism
changes, Labor wil stil need to find bil ions more in NDIS savings'.
The article states: "Figures supplied to this masthead by the National Disability
Insurance Agency reveal that about $3.1 bil ion in payments were made to 214,865
children with developmental delay and autism who have mild or moderate support
needs in the 2024-25 financial year."
I request copies of all correspondence in relation to this, between the NDIA and the
journalist (or between the NDIA and the media company for whom the journalist
works), including copies of any request for information made by the journalist/media
company to the NDIA, and all information supplied by the NDIA to the
journalist/media company.
Extension of time
On 1 September 2025, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 25 October 2025 the new date to provide you with a decision on access.
1
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.
The relevant line areas have identified 3 documents which fall within the scope of your
request.
These documents were identified by conducting searches of NDIA’s systems, using all
reasonable search terms that could return documents relevant to your request, and
consulting with NDIA staff who could be expected to be able to identify documents within the
scope of the request.
I have decided to grant access to these three documents in part.
In reaching my decision, I took the fol owing 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
• the FOI Guidelines published under section 93A 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.
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have decided that the documents contain material that is exempt from disclosure under the
FOI Act, as well as material that is irrelevant to your request. The irrelevant material relates
to the names and contact information of NDIA staff.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt and irrelevant material from the documents and have concluded that it is
reasonably practicable to do so. Accordingly, I have prepared an edited copy of the
documents with the exempt and irrelevant material removed.
2
Reasons for decision
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).
I have identified material in the documents falling within scope of your request which
contains a phone number of a third party which is not commonly known to you.
Paragraph 6.125 of the FOI Guidelines provides that personal information can include a
person’s name, address, telephone number, date of birth, medical records, bank account
details, taxation information and signature.
I am of the view that the following factors do not support the release:
• the relevant information wil identify the third party
• the information is not well known, nor is it available from publicly available sources
• the information wil not advance or contribute to the information sought as part of this
request
• the information wil not advance scrutiny of the decision
• disclosure could expose the individual to unsolicited and inappropriate contact from third
parties
• disclosure may cause distress to the identified individual
• disclosure would prejudice the individuals’ right to privacy.
Accordingly, I have formed the view that it would be unreasonable to publicly disclose the
relevant personal information, and it is, therefore, conditional y exempt under section 47F of
the FOI Act.
Public interest considerations – section 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.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
3
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 Documents 1 to 3
would promote the objects of the FOI Act by providing access to documents held by the
government.
Against disclosure, I consider that release of the relevant information in Documents 1 to 3
would not:
• contribute to the publication of information of sufficient public interest to justify the likely
harm caused by release
• enhance Australia’s representative democracy in the ways described in section 11B(3) of
the FOI Act
• 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 conditionally exempt information, I
find that disclosure of the personal information identified under section 47F of the FOI Act
would, or could reasonably be expected to cause harm if disclosed by:
• affecting an individual’s right to privacy by having their personal information in the public
domain
• leading to unwarranted approaches to the individuals which would adversely impact their
ability to perform their role and functions
• adversely impact the Agency’s obligation to protect staff members in accordance with
workplace health and safety measures.
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
Documents 1 to 3 is exempt under section 47F of the FOI Act.
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are enclosed.
4
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
Carolyn (CJW205)
A/g Assistant Director
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
5
Attachment A
Schedule of Documents for FOI 25/26-0499
Document
Page
Description
Access Decision
Comments
number
number
1
1-2
Email
PARTIAL ACCESS
Exemption claimed:
Subject: RE: SMH/Age data
s47F – personal privacy
Date: 19 August 2025
Irrelevant material removed
under section 22 of the FOI Act
2
3-4
Email
PARTIAL ACCESS
Exemption claimed:
Subject: RE: SMH/Age inquiry for data
s47F – personal privacy
Date: 22 August 2025
Irrelevant material removed
under section 22 of the FOI Act
3
5-6
Email
PARTIAL ACCESS
Exemption claimed:
Subject: RE: SMH/Age inquiry for data
s47F – personal privacy
Date: 22 August 2025
Irrelevant material removed
under section 22 of the FOI Act
7
Attachment B
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review
wil be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in
writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review
process, you should clearly outline your grounds for review (that is, the reasons why you
disagree with the decision). Applications for internal review can be lodged by email to
xxx@xxxx.xxx.xx or sent by post to:
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 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 wil 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.
7
