Our reference: FOI 25/26-1247 (LEXD 12180)
GPO Box 700
Canberra ACT 2601
1800 800 110
11 December 2025
ndis.gov.au
Miles
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Miles
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 11 November 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 requested access to documents held by the NDIS, specifically, you requested access
to:
“
I seek access to any documents, data, or records that contain or summarise the
following information for the most recent four financial years.
1. The total number of internal review requests lodged in relation to FOI decisions made
by the agency.
2. The number (and/or percentage) of those internal review requests finalised within the
statutory timeframe under the FOI Act.
3. The number (and/or percentage) of internal review decisions that overturned or varied
the original FOI decision, specifically where access to information was subsequently
granted (in full or in part) after an initial refusal.”
Search efforts
You have requested access to data relating to the NDIA’s FOI team, therefore searches
were limited to the FOI team’s systems.
Decision on access to documents
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I have decided to refuse access in full.
Reasons for decision
A detailed statement of reasons for my decision can be found at
Attachment A.
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
Rebecca – REM471
A/g Assistant Director
Information Access and Privacy Branch
Reviews and Information Release Division
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Attachment A
Statement of Reasons
FOI 25/26-1247
Refused information
Section 11(1)(a) of the FOI Act states that a person is entitled to gain access via the FOI
process to a document or information held by an agency, however section 4(1) defines a
document, and specifically excludes information which is maintained for reference purposes
and publicly available. Such information is not considered a document for the purposes of
the FOI Act.
The information you have requested is reported to the Office of the Australian Information
Commissioner (OAIC) each quarter. The OAIC make this information available for public
access via their website, and at
www.data.gov.au.
You asked for this data for the 4 most recent financial years, I have interpreted this to mean
the 2021/2022 to 2024/2025 financial years. However, you will also find the data for quarter
1 of the 2025/2026 financial year available at
www.oaic.gov.au.
Documents don’t exist (section 24A)
As the information you have requested is publicly available, it is not considered a document
for the purposes of the FOI Act, I am therefore refusing your request in full under section
24A of the FOI Act.
Section 24A of the FOI Act provides that an agency may refuse a request for access to a
document if all reasonable steps have been taken to find the document, and the agency is
satisfied that the document cannot be found or does not exist.
I am satisfied that all reasonable steps have been taken to locate the documents you have
requested and that the documents are not documents for the purposes of the FOI Act. I have
therefore decided to refuse access to your request in accordance with section 24A(1)(b)(ii) of
the FOI Act.
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Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review
will 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 also 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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