Our reference: MR25/02485
Agency reference: FOI 25/26-0105
The
respondent is:
The
applicant is:
National Disability Insurance Agency
Right to Know - David Wright
By email
: xxx@xxxx.xxx.xx
By email
: foi+request-14034-
xxxxxxxx@xxxxxxxxxxx.xxx.xx
Notice of IC review application and request for documents
The Office of the Australian Information Commissioner (OAIC) has received an application for
Information Commissioner (IC) review of a deemed access refusal decision made by the
National Disability Insurance Agency (respondent) on 13 September 2025 under the
Freedom
of Information Act 1982 (Cth)(FOI Act). The applicant was granted an extension of time to
apply for IC review under s 54T of the FOI Act.
The respondent did not make a decision within the processing timeframes set out in the FOI
Act, therefore access was deemed to have been refused on 13 September 2025.
Consequently, the respondent’s purported decision of 21 November 2025 is not a valid FOI
decision, and the deemed access refusal decision remains the decision under review;
however, the OAIC will treat the purported decision as a submission.
A copy of the IC review application and the purported decision are attached.
The OAIC will commence a review of the FOI decision and provides this notice under s 54Z of
the FOI Act.
Scope of IC review
The applicant has sought a review of the respondent’s decision to refuse the applicant’s
request under s 24 of the FOI Act, on the basis that processing the applicant’s request would
substantially and unreasonably divert the resources of an agency from its other operations
or unreasonably interfere with the performance of the Minister’s functions.
Requirement for parties to engage and share submissions
As part of this process:
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 OAIC requires respondents and applicants to engage with each other to attempt
to resolve or narrow the issues in dispute. The respondent should initiate this
process
• the respondent has until
17 February 2026 to complete the engagement and share
its submission with the OAIC and the applicant. The applicant then has 10 business
days to share their submission with the OAIC and the respondent
• the respondent also has until
17 February 2026 to provide the OAIC with the
information set out in Table A
of the Directions as to certain procedures to be
followed by agencies and ministers in IC reviews.
Annexure A has more information for applicants about the engagement process and sharing
submissions.
Annexure B has more information for respondents about the engagement process and
sharing submissions.
Request for information from respondent
Table A of the
Directions as to certain procedures to be followed by agencies and ministers in
IC reviews sets out the information the respondent must provide to the OAIC. In relation to
decisions made to refuse an applicant’s request under s 24, on the basis that a practical
refusal reason exists in relation to the documents, the respondent must provide the
following:
• The original FOI request and any correspondence with the FOI applicant that
modifies the scope of the FOI request
• Copies of any correspondence including file notes of telephone conversations
relating to the respondent’s request consultation process, including a copy of; the
letter sent to the applicant, and the applicant’s response (if any).
• Records that demonstrate the number of documents and/or pages encompassed by
the request, including but not limited to notes of any searches conducted, and
consultations with relevant staff members
• An estimate of the number of hours processing time involved, and a breakdown of
this time to demonstrate how the time was estimated
• Evidence of document sampling if undertake
n1
1 Se
e the FOI Guidelines at [3.121].
2
• The names and contact details of anyone who was consulted by the respondent,
formally under ss 15(7), 26A 27A, or informally (including consultations with other
government agencies)
• Submissions in support of the respondent’s decision in the form prescribed by the
OAIC. This is the form set out at
Attachment A, which
will be taken as submissions in
support of the practical refusal reason.
Respondents can comply with this notice by delivering the response to xxxxx@xxxx.xxx.xx by
17 February 2026.
Obligations during the IC review process
The obligations of the respondent during the IC review process are set out under:
• ss 55D, 55DA and 55Z of the FOI Act
• Part 10
the Guidelines issued under s 93A of the FOI Act, which agencies and
ministers must have regard to when performing a function or exercising a power
under the FOI Act
•
Direction as to certain procedures to be followed by agencies and ministers in IC
reviews issued under s 55(2)(e)(i) of the FOI Act.
The obligations of the applicant during the IC review process are set out under:
• Part 10
the Guidelines issued under s 93A of the FOI Act
•
Direction as to certain procedures to be followed by applicants in Information
Commissioner reviews issued under s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Aleksandra Tomic
Early Resolution Team
Freedom of Information Case Management Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application and decision under review].
5 January 2026
3
link to page 4 link to page 4 link to page 4 link to page 4 link to page 4
Annexure A: Further information for applicants
The procedure that applicants are to follow in IC reviews is set out i
n Direction as to certain
procedures to be followed by applicants in Information Commissioner reviews. The below
summarises your the obligations to engage with respondents, and provide submissions to
both the OAIC and respondents.
Obligation for you to engage
The respondent must initiate engagement with you and make reasonable attempts to
engage
.2 The engagement aims to resolve or narrow the issues in dispute in the IC review.
Engagement could involve a phone call or video conference between you and the
respondent. You can tell the respondent if they would prefer to engage another wa
y.3
The respondent must demonstrate to the OAIC what they have done to engage with you to
resolve or narrow the issues in dispute in the IC review. If the respondent does not take
sufficient actions to engage with you, the OAIC will direct them to engage furthe
r.4
If you fail to participate in the engagement process (without reasonable excuse), the OAIC
may decide to not continue the IC review. This will be on the ground you have failed to
cooperate in progressing the IC review without reasonable excuse
.5 The OAIC will warn you if
we are considering this possibility and give you the opportunity to respond.
We expect that you and the respondent will engage in the IC review process with respect and
courtesy
.6
Sharing submissions between you and the respondent
If respondents make a submission in support of their FOI decision, they must send their
submission to you at the same time as sending them to the OAIC. You can then make a
2 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.17]
3 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.18-19]
4 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.20]
5 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.21]
6 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
4
link to page 5 link to page 5 link to page 5 link to page 5
submission in response. You will have 10 business da
ys7 to make a submission about why
you disagree with the respondent, and you are required to send your submission to the
respondent at the same time as sending to the OAIC
.8
When it sends its submission to you and the OAIC, the respondent should remind you that
you then have 10 business days to make your submission.
The OAIC will generally proceed with making an IC review decision on the basis of the
evidence respondents provide in response to this notice, and any submissions the parties
make. If you do not make submissions when an opportunity to do so has been provided, the
OAIC may make a final decision without giving any further opportunity to make
submissions
.9
You can ask the OAIC to make a submission in confidence. Your request must give reasons
why you want to make a confidential submission and the OAIC will consider those reasons
and decide whether to accept the submission on a confidential basis. If the OAIC agrees to
treat a submission confidentially, you will generally be required to provide a second version
of the submission which can be share
d.10
7 Respondents have 30 business days because they must engage with applicants as well as providing information
and making submissions. You have 10 business days because you only need to make submissions.
8 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.27]
9 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.28]
10 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.30]
5
link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6
Annexure B: Further information for respondents
The procedure that respondents are to follow in IC reviews is set out i
n Direction as to certain
procedures to be followed by agencies and ministers in IC reviews. The below summarises
the obligations of respondents to engage with applicants and provide submissions to both
the OAIC and applicants.
Obligation for respondents to engage
Respondents are required to make reasonable attempts to engage with applicant
s.11 The
engagement should aim to resolve or narrow the issues in dispute in the IC review.
Engagement may comprise a phone call or video conference between the respondent and
the applicant. The OAIC will not be involved in arranging or attending these
.12 Applicants can
tell respondents if they would prefer to engage another wa
y.13
Respondents must provide the OAIC with information to demonstrate the actions they have
taken to engage with the applicant to resolve or narrow the issues in dispute in the IC
revie
w.14 The IC has published a checklist to assist agencies and ministers provide relevant
information relating to the agency or minister’s engagement with the applicant during the IC
review: se
e Submissions checklist – Making submissions following notification of an IC
review application (agency or minister) (oaic.gov.au).
The OAIC will advise the respondent if they consider the respondent should undertake
further engagement with the applicant during the IC revie
w.15
If applicants fail to participate in the engagement process (without reasonable excuse), the
OAIC may decide to not continue their IC review
s.16
11 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.8]
12 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3. 9]
13 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.10]
14 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.11]
15 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.13]
16 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.21]
6
link to page 7 link to page 7 link to page 7 link to page 7 link to page 7
We expect that applicants and respondents will engage in the IC review process with respect
and courtes
y.17
Sharing submissions between the respondent and applicant
If respondents make submissions in support of their FOI decisions, they must send their
submissions to applicants at the same time as sending them to the OA
IC.18 Respondents
should include prominent reminders in covering correspondence that applicants will have
10 business days from the date of receiving the correspondence to make submissions.
Applicants will be required to send their submissions to respondents at the same time as
they are sent to the I
C.19
Respondents should be aware that if they do not make submissions when an opportunity to
do so has been provided, reviews may proceed to a decision under s 55K of the FOI Act
without any further opportunity to make submissions. Respondents should not expect the
opportunity for further submissions. Any request for extensions of time should only be made
where exceptional circumstances can be demonstrated. This is because extensions of time
will only be granted in exceptional circumstances
.20
The OAIC will not accept submissions in confidence without a prior request. Any request for
confidentiality must be accompanied by reasons to support such a claim, including whether
the submission would reveal the contents of the documents at issue. Where the OAIC accepts
a submission in confidence, respondents must provide an open version of the submission to
the IC review applican
t.21
17 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
18 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
19 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
20 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.24-5]
21 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.26-7]
7
