6 January 2026
FOI ref: 2026/0015
Stuart
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Stuart,
Acknowledgement of Freedom of Information Request no. 2026/0015 I refer to your request for access to documents under the
Freedom of Information Act 1982 (FOI Act) received on 1 January 2026.
You have requested access to:
“…I am seeking to better understand how many Tribunal reviews are sought for “deemed
decisions” made by the National Disability Insurance Agency.
A reviewable deemed decision, also known as a “decision taken to be made”, occurs where
the NDIA has failed to make a decision within the legislated 90-day period for completing an
“internal review (s100)”. The deemed decision is eligible for external review by the ART due
to ART Act s16 and NDIS Act s103.
I request access to the following information under the Freedom of Information Act:
1. The total number of applications made to the ART between 14 October 2024 and 31
December 2025 regarding a “deemed NDIS decision”; if possible, broken down by either
month (preferred), or financial year quarter.
2. The above additionally broken down by the original decision type:?
a). “Access” decisions?
b). “Statement of Participant Supports / Plan” decisions?
c). “Plan Reassessment Request (s48)” decisions?
d). “Plan Variation Request (s47A)” decisions
I note that the ART statistical reporting currently only separates NDIS cases into “Access”
and “Plans” (Jurisdictional Lists?). If “Plans” cannot be divided into the more specific decision
types, then 2.b-d may be combined for the purposes of responding to this request (I assume
what I have listed is what is included in “Plans” currently)…”
We received your request on 1 January 2026 and the 30 day statutory period for processing
your request commenced from the day after that date. You should therefore expect a
decision from us by 2 February 2026. The 30 day period may be extended if we need to
consult other parties or for other reasons permitted under the FOI Act.
We will contact you using the email address you have provided. Please advise if you would
prefer us to use an alternative means of contact.
If you have any questions, please contact us at
xxx@xxx.xxx.xx.
Yours sincerely,
Jesse A
Authorised FOI Officer (APS 6)
Level 6, 83 Clarence Street
T 1800 228 333
Sydney NSW 2000
E xxx@xxx.xxx.xx
www.art.gov.au
GPO Box 9955 Sydney NSW 2001