OFFICIAL
FOI reference: FOI 26-2503
Cat
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Cat,
Decision on your Freedom of Information Request
I refer to your information access request of 11 December 2025 made to the Department
of Health, Disability and Ageing (
the department) under the
Freedom of Information Act
1982 (Cth) (
FOI Act). In your request, you sought access to:
The following attachments mentioned in disclosure log documents published as
"FOI 26-2264 LD – NDIS budget modelling documents".
Minister's Office request -5-6pct growth target v2.xlsx
Minister's Office request - 5-6pct growth target sent 20250925.xlsx
S25 and S24 population and cost estimates v2_20250820.pptx
S25 and S24 population and cost estimates v2_20250820.xlsx
5 Draft June 2025 Scheme Projections.docx
5a Detailed commentary on Draft June 2025 Scheme projections.docx
5b Key assumptions and material risks associated with Reforms and the
Sustainability Initiative .docx
Section 25 population and cost estimates v4.pptx
Future NDIS Reforms_ADA modelling 20250719.pptx
Attachment A - Future NDIS Reforms_ADA modelling_sent 20250712.pptx
Attachment B - Access options_13072025.pptx
Attachment B -Sustainability impacts of timing of reforms to send.docx
MB25-000168 NDIA Ministerial Brief - Sustainability Initiatives
Attachment A4 Indicative financial impacts of updated health and disability deal
CLEAN.docx
Reframing National Cabinet’s December 2023 Health and Disability Deal Short
Notice Submission to upload to CabNet.docx
I am authorised under subsection 23(1) of the FOI Act to make decisions in relation to
Freedom of Information requests. I am writing to notify you of my decision on your
access request.
Extension of time to process request
On 12 December 2025, the department wrote to you under section 15AA of the FOI Act
seeking a 21 day extension of time to allow it to process your FOI request.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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On 16 December 2025, you responded to the department agreeing to a 10 day extension
of time. As a result, the statutory date for your FOI access request was extended to 20
January 2026.
On 20 January 2026, the department wrote to the Office of the Australian Information
Commissioner (OAIC) under section 15AB of the FOI Act seeking a 21 day extension
of time to process your FOI request on the grounds that it is complex or voluminous.
On 28 January 2026, OAIC responded to the department and granted the extension of
time request. As a result, the statutory date for your FOI access request was extended
to 10 February 2026.
Reasonable searches
The department has conducted reasonable searches for documents in scope of your
request. As per the FOI Guidelines at paragraph 3.150, these searches were undertaken
with reference to:
• the subject matter of your request
• the department’s current and past file management systems
• the department’s record management systems
• the individuals within the department with knowledge of the subject matter of
the documents, or who could assist with location of documents
• the age of the documents.
I am satisfied that the searches undertaken were both thorough and reasonable in the
context of the scope of your request, the resources of the department, and the
requirements of the FOI Act and FOI Guidelines.
Decision on access
I have identified 15 documents that are relevant to your request.
These documents were in the possession of the department when your request was
received.
I have decided to refuse access to 15 documents as they contain fully exempt material.
A schedule setting out the documents relevant to your request, with my decision in
relation to those documents, is at
ATTACHMENT A.
My reasons for not providing access to material that has not been provided from the
documents are set out in
ATTACHMENT B.
Legislative provisions
The FOI Act, including the provisions referred to in my decision, is available on the
Federal Register of Legislation website: www.legislation.gov.au/Series/C2004A02562.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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Your review rights
I have set out your review rights at
ATTACHMENT C.
Contacts
If you require clarification of any matters discussed in this letter you can contact the
FOI Section on (02) 6289 1666 or at xxx@xxxxxx.xxx.xx.
Yours sincerely
James MacIsaac
First Assistant Secretary
NDIS Participants and Performance Division
10 February 2026
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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ATTACHMENT A.
SCHEDULE OF DOCUMENTS
FOI REQUEST 26-2503
Relevant
Document
Pages
Date
Description
Decision on
provisions of
access
FOI Act
Minister’s Office request – 5-6 pct growth
1. 3
25/09/25
Exempt in full
s47B(a)
target v2
Attachment - Minister’s Office request – 5-6
2. 4
25/09/25
Exempt in full
s47B(a)
pct growth target v2
Attachment - Section 25 and section 24
3. 13
20/08/25
Exempt in full
s47B(a)
population and cost estimates update v2
Attachment - Section 25 and section 24
4. 6
20/08/25
Exempt in full
s47B(a)
population and cost estimates update v2
Attachment - Sustainability Committee
5. 6
25/07/25
paper regarding draft June 2025 scheme
Exempt in full
s47B(a)
projections
Attachment - Detailed commentary on draft
6. 41
25/07/25
Exempt in full
s47B(a)
June 2025 scheme projections
Attachment - Key assumptions and material
7. 2
25/07/25 risks associated with reforms and the
Exempt in full
s47B(a)
sustainability initiative
Attachment - Section 25 population and cost
8. 7
24/07/25
Exempt in full
s47B(a)
estimates v4
Attachment - Future NDIS Reforms ADA
9. 13
15/07/25
Exempt in full
s47B(a)
modelling
Attachment A - Future NDIS Reforms ADA
10. 13
12/07/25
Exempt in full
s47B(a)
modelling
11.
4
12/07/25
Attachment B – Access options
Exempt in full
s47B(a)
12.
2
24/06/25 Attachment - Sustainability Impacts for Brief Exempt in full
s47B(a)
13.
11
22/05/25
Attachment - NDIA cleared MB25-000168
Exempt in full
s47B(a)
Attachment A4 – Indicative financial impacts
14. 1
08/08/25
Exempt in full
s47B(a)
of updated health and disability deal
15.
22
08/08/25
Attachment A7
Exempt in full
s47B(a)
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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ATTACHMENT B.
REASONS FOR DECISION
FOI 26-2503
1.
Material taken into account
In making my decision, I had regard to the following:
• the FOI Act
• guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act (
FOI Guidelines)
• the terms of your FOI request as outlined above
• the content of the documents sought, and
• advice from departmental officers with responsibility for matters relating to
the documents sought.
2.
Finding of facts and reasons for decision
My findings of fact and reasons for deciding that the exemption identified in the
schedule of documents apply to the documents are set out below.
3.
Section 47B - Documents affecting Commonwealth-State relations
Section 47B of the FOI Act provides that a document is conditionally exempt if
disclosure:
(a)
would, or could reasonably be expected to, cause damage to relations
between the Commonwealth and a State; or
Paragraph 6.24 of the FOI Guidelines states that a document does not have to have
been supplied or written by the Commonwealth, a State agency or a State authority to
fall within this exemption. The content of the document (and potentially the reason or
circumstances why the document was created) is the deciding factor, rather than the
originator’s identity. It is also not a relevant consideration that all the parties referred
to in the document are aware of the document or of the reference to the particular
agency.
Paragraphs 6.26-6.28 of the FOI Guidelines also state:
6.26 Disclosure of the document may cause damage by, for example:
• interrupting or creating difficulty in negotiations or discussions that are
underway, including in the development of joint or parallel policy
• adversely affecting the administration of a continuing Commonwealth-
State project
• substantially impairing (but not merely modifying) Commonwealth-State
programs
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• adversely affecting the continued level of trust or co-operation in existing
inter-office relationships
• impairing or prejudicing the flow of information to and from the
Commonwealth
6.27 Decision makers may also need to consider future working relationships where
disclosure may, for example:
• impair or prejudice the future flow of information
• adversely affect Commonwealth-State police operations or investigations
• adversely affect the development of future Commonwealth-State projects
6.28 The potential damage need not be quantified, but the effect on relations arising
from the disclosure must be adverse.
Having regard to the above, I am satisfied that the factors above are relevant in this
decision.
In relation to the test
would or could reasonably be expected, paragraph 5.16-5.18 of the
FOI Guidelines state:
5.16 The test requires the decision maker to assess the likelihood of the predicted or
forecast event, effect or damage occurring after disclosure of a document.
5.17 The use of the word ‘could’ in this qualification is less stringent than ‘would’, and
requires analysis of the reasonable expectation rather than certainty of an event, effect
or damage occurring. It may be a reasonable expectation that an effect has occurred, is
presently occurring, or could occur in the future.
5.18 The mere risk, possibility or chance of prejudice does not qualify as a reasonable
expectation. There must, based on reasonable grounds, be at least a real, significant or
material possibility of prejudice.
I am satisfied that damage that would or could reasonably be expected to occur, based
on reasonable grounds, is real, significant or a material possibility.
For the reasons outlined above, I have decided that the documents marked ‘s47B’ in
the schedule are conditionally exempt from disclosure under section 47B of the FOI
Act.
Where a document is found to be conditionally exempt, the department must give
access to that document unless access to the document at this time would, on balance,
be contrary to the public interest. I have addressed the public interest considerations
below.
4.
Public Interest assessment
Pursuant to subsection 11A(5) of the FOI Act, the department must give access to
conditionally exempt documents unless access to the documents at that time would,
on balance, be contrary to the public interest. I have therefore considered whether
disclosure of the documents would be contrary to the public interest.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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Paragraph 6.224 of the FOI Guidelines states:
The public interest test is considered to be:
• something that is of serious concern or benefit to the public, not merely
of individual interest
• not something of interest to the public, but in the interest of the public
• not a static concept, where it lies in a particular matter will often depend
on a balancing of interests
• necessarily broad and non-specific and
• relates to matters of common concern or relevance to all members of the
public, or a substantial section of the public.
Factors favouring disclosure
Section 11B of the FOI Act provides that factors favouring access to documents in the
public interest include whether access to the documents would do any of the
following:
• promote the objects of the FOI Act
• inform debate on a matter of public importance
• promote effective oversight of public expenditure, or
• allow a person to access his or her own personal information.
Having regard to the above, I consider that disclosure of the conditionally exempt
information at this time:
• would provide access to documents held by an agency of the Commonwealth
which would promote the objects of the FOI Act by providing the Australian
community with access to information held by the Australian Government.
• would inform debate on a matter of public importance
• would promote effective oversight of public expenditure, and
• would not allow you access to your own personal information.
Factors weighing against disclosure
I consider that the following public interest factors weigh against disclosure of the
conditionally exempt information at this time, on the basis that disclosure:
• would adversely affect the administration of a continuing Commonwealth-
State project. Any impediment to the ability of the Commonwealth to work
collaboratively with states/territory stakeholders to deliver government
projects on time and to budget is against the public interest.
• would damage the continued level of trust or co-operation in existing inter-
government working relationships. Any impediment to the ability of the
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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Commonwealth to work collaboratively with its state and territory counterparts
for the benefit of the Australian public is against the public interest.
• would prejudice the attainment of outcomes of the National Disability
Insurance Scheme. Any impediment to the ability of the Commonwealth to
deliver its programs on time and to budget is against the public interest.
In forming my decision, I confirm that I have not taken into account any of the
irrelevant factors set out in subsection 11B(4) of the FOI Act, which are:
(a) access to the document could result in embarrassment to the
Commonwealth Government, or cause a loss of confidence in the
Commonwealth Government;
(b) access to the document could result in any person misinterpreting or
misunderstanding the document;
(c) the author of the document was (or is) of high seniority in the agency to
which the request for access to the document was made;
(d) access to the document could result in confusion or unnecessary debate.
Conclusion
For the reasons set out above, after weighing all public interest factors for and against
disclosure, I have decided that, on balance, disclosure of the conditionally exempt
information would be contrary to the public interest. I am satisfied that the benefit to
the public resulting from disclosure is outweighed by the benefit to the public of
withholding the information. As I have decided that to conditionally exempt the
documents in full, no documents are being released to you.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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ATTACHMENT C.
YOUR REVIEW RIGHTS
If you are dissatisfied with my decision, you may apply for a review.
Internal review
You can request internal review within 30 days of you receiving this decision. An
internal review will be conducted by a different officer from the original decision
maker.
No particular form is required to apply for review although it will assist your case to
set out the grounds on which you believe that the original decision should be changed.
Applications for internal review can be made by:
Email:
xxx@xxxxxx.xxx.xx
Mail:
FOI Section (Level 3 North)
Department of Health, Disability and Ageing
GPO Box 9848
CANBERRA ACT 2601
If you choose to seek an internal review, you will also have a right to apply for
Information Commissioner review (
IC review) of the internal review decision once it
has been provided to you.
Information Commissioner review or complaint
You have the right to seek Information Commissioner (IC) review of this decision. For
FOI applicants, an application for IC review must be made in writing within 60 days
of the decision. For third parties who object to disclosure of their information, an
application for IC review must be made in writing within 30 days of the decision.
If you are not satisfied with the way we have handled your FOI request, you can lodge
a complaint with the OAIC. However, the OAIC suggests that complaints are made to
the agency in the first instance.
While there is no particular form required to make a complaint to the OAIC, the
complaint should be in writing and set out the reasons for why you are dissatisfied
with the way your request was processed. It should also identify the Department of
Health, Disability and Ageing as the agency about which you are complaining.
You can make an IC review application or make an FOI complaint in one of the
following ways:
• online at www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/
• via email to xxxxx@xxxx.xxx.xx
• by mail to GPO Box 5218 Sydney NSW 2001, or
• by fax to 02 9284 9666.
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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More information about the Information Commissioner reviews and complaints is
available on the OAIC website here: www.oaic.gov.au/freedom-of-information/foi-
review-process.
Complaint
If you are dissatisfied with action taken by the department, you may also make a
complaint directly to the department.
Complaints to the department are covered by the department’s privacy policy. A form
for lodging a complaint directly to the department is available on the department’s
website here: www.health.gov.au/about-us/contact-us/complaints
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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