FOI 25.26 1495 Decision Notice of Decision.pdf

Our reference: FOI 25/26-1495 (LEX ID 13241)

GPO Box 700
Canberra   ACT   2601
1800 800 110
17 December 2025
ndis.gov.au

Frank N Fearless

By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Frank N Fearless
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 4 December 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 following documents:
The Australian Government response to the Disability Royal Commission,
Recommendation 8.17 states as follows:
“The National Disability Insurance Agency (NDIA) has also commenced work towards
implementing the 13 recommendations outlined in the Justice Transition Project Report,
which was finalised in October 2024. The report was shared with states and territories as
well as other external project stakeholders.”
As I read this, it's unclear whether there was a release to the most important 'external
project stakeholder': the public?
If not, I request a copy the finalised report.
Searches Conducted
Searches were conducted by the Complex Support Needs Branch for documents relevant to
the scope of your FOI request.
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One (1) document was identified by conducting searches of NDIA’s systems, using all
reasonable search terms that could return documents relevant to your request, and
consulting with relevant NDIA staff who could be expected to be able to identify documents
within the scope of the request. These searches were undertaken between 8 and 9
December 2025 and were overseen by senior staff.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. I have decided to
grant access to this document in part, subject to s section 47F of the FOI Act (personal
privacy).
A statement of reasons for this decision is set out 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

Carolyn (CJW205)
A/g Assistant Director – Information Release
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Statement of Reasons
FOI 25/26-1495
_________________________________________________________________________
In reaching my decision, I took the following 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
•  relevant case law in relation to the FOI Act
•  consultation with relevant NDIA staff
•  factors relevant to my assessment of whether or not disclosure would be in the public
interest.
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 document which contains the names of current and former
staff members which are not commonly known to you.
The Office of the Australian Information Commissioner (OAIC) has released guidance to
agencies when considering whether to release staff names as part of an FOI request. The
guidance provides that A public servant’s name, and information about where they work and
how they can be contacted, is personal information. It is information about an identified
individual, or an individual who is reasonably identifiable… Section 19 of the Work Health
and Safety Act 2011 requires employers to ensure, as far as is reasonably practicable, the
health and safety of their workers. This means employers must eliminate risks to health and
safety so far as it is reasonably practicable to do, or minimise the risks if it is not reasonably
practicable to eliminate them (section 17).
Paragraph 6.123 of the FOI Guidelines provides that personal information is information
about an identified individual, or an individual who is reasonably identifiable:
a. whether the information is true or not, and
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b. whether the information is recorded in a material form or not.
With this in mind, I am of the view that the following factors do not support the release:
•  the relevant information will identify the staff members (both current and former)
•  the information is not well known, nor is it available from publicly available sources
•  the information will not advance or contribute to the information sought as part of this
request
•  the information will not advance scrutiny of the decision
•  disclosure could expose the individuals to unsolicited and inappropriate contact from
third parties
•  disclosure may cause distress to the identified individuals
•  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, conditionally 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.
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 Document 1 would
promote the objects of the FOI Act by providing access to documents held by the
government.
Against disclosure, I consider that disclosure of the relevant information in Document 1
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
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•  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 47F of the FOI Act, the harm that would result from disclosure is that it could
reasonably be expected to:
•  affect 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 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
Document 1 is exempt under section 47F of the FOI Act.

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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
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 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 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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