28 January 2026
FOI ref: 2026/0015
Stuart
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Stuart,
Notice of Decision for Freedom of Information Request no. 2026/0015 The purpose of this letter is to give you a decision about access to documents that you have
requested under the
Freedom of Information Act 1982 (FOI Act).
Summary I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to FOI
requests.
On 1 January 2026 you 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)…”
Decision I have decided to refuse access to the documents on the basis that they do not exist.
In making my decision, I have taken the following into account:
• the content of the documents that fall within the scope of your request;
• the FOI Act, specifically section 24A; and
• the guidelines issued by the Australian Information Commissioner under s 93A
of the FOI Act (FOI Guidelines).
Reasons for my decision 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 documents and the agency is
satisfied that the documents do not exist or cannot be found.
I have consulted with the Tribunal’s Business Intelligence team as that is the team who have
access to and provide information on Tribunal reports. The Business Intelligence team have
advised that there is no reporting that exists that distinguishes between reviews of deemed
decisions and reviews of other decisions and that therefore this data cannot be obtained.
Based on the above, I am satisfied that the documents do not exist. Therefore, I refuse access
to the documents under section 24A of the FOI Act.
Your review rights Information about how you can apply for a review of this decision or complain about how we
have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions about this decision, please contact me at
xxx@xxx.xxx.xx.
Yours sincerely,
Jesse A
Authorised FOI Officer (APS 6)
Attachments FOI 2 – Information about reviews and complaints under the Freedom of Information Act
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
Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the Office of
the Australian Information Commissioner? Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI decision. It is
often possible to resolve concerns or answer your questions using this approach and, if not,
the officer will be able to assist you in applying for review.
How do I apply for internal review to the ART? You can apply to us for an internal review of the FOI decision. The application for internal
review must be made within 30 days or such further period as we allow, after the day the
decision is notified to you. To apply for an internal review you must do so in writing. You may
also wish to explain why you are not satisfied with the decision. A different and more senior
officer authorised under the
Freedom of Information Act 1982 (the FOI Act) will conduct the
internal review and make a new decision within 30 days after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you will need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner? You may also apply directly to the Australian Information Commissioner for review of the FOI
decision. The application for review must be made within 60 days after the day notice of the
decision was given. An application for review must be in writing, include details of how notices
in relation to the review are to be sent to you and include a copy of the decision. You may also
wish to explain why you are not satisfied with the decision. An online application form is
available on the Office of the Australian Information Commissioner’s website found here:
Information Commissioner Review Application form.
What if I want to make a complaint about the handling of a Freedom of
Information request? If you have a complaint about the way in which we have processed your request for access
under the FOI Act you can ask the Australian Information Commissioner to investigate. An
online complaint form is available on the Office of the Australian Information Commissioner’s
website, found her
e FOI Complaint Form.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner? Further information is available on the Office of the Australian Information Commissioner’s
website
at www.oaic.gov.au and you can contact the office on 1300 363 992 or by email at
xxxxxxxxx@xxxx.xxx.xx.
FOI 2 (June 2025)
