Detailed Review of Historical and Current Debts
Dear National Disability Insurance Agency,
In its Interim Report on Key Financial Controls issued last week, the ANAO commented as follows:
"In 2022–23, the NDIA received legal advice on the operation of the NDIS Act in relation to debt management processes...At the 2024–25 interim audit phase, in response to the risks identified [the NDIA has advised the ANAO]
...- a detailed review of current and historical debts is underway, with remediation to commence once decisions are made on all participant and provider debts;
- a consultant has been engaged by NDIA to review the debt management process"
I want to request the most recent document summarising the outcomes and the state of progress of this "detailed review".
In terms of public interest: this is the second request I have made for a document identifying the nature and scale of the affected debts. After nearly four months I have still not received a first instance decision to my first request. As the ANAO indicates that the review is ongoing I have been forced to request this more up to date document. While these debts are a moderate rather significant audit risk, the Agency has made no public statement about them. This contrasts with the transparent public statements made by DSS and DEEWR in similar circumstances.
Yours faithfully,
Frank N Fearless
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Kind regards
Freedom of Information Team
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [11][NDIA request email]
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Dear Frank Fearless
Freedom of Information Request: Acknowledgement
Thank you for your request of 3 June 2025, made under the Freedom of
Information Act 1982 (FOI Act), for information held by the National
Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
"In 2022–23, the NDIA received legal advice on the operation of the NDIS
Act in relation to debt management processes...At the 2024–25 interim
audit phase, in response to the risks identified [the NDIA has advised the
ANAO]
- a detailed review of current and historical debts is underway, with
remediation to commence once decisions are made on all participant and
provider debts.
- a consultant has been engaged by NDIA to review the debt management
process"
I want to request the most recent document summarising the outcomes and
the state of progress of this "detailed review "
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 4 June 2025 This 30-day
period expires on 3 July 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests due to a very high volume. I am therefore seeking
your agreement to a 30-day extension of time under section 15AA of the FOI
Act. If you agree to this extension, the new due date for us to decide on
your request will be 2 August 2025.
If you do not agree and we are unable to process your request within the
30-day period, we will be deemed to have refused your request and you will
not have a right to seek internal review of that decision. You will,
however, retain your right to external review by the Australian
Information Commissioner.
Please let us know if you agree by 9 June 2025.
Disclosure Log
Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.
If you have any concerns about the publication of the documents you have
requested, please contact me.
Next steps
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including refining the scope of your request.
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In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Kind regards
Poojan
Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
Dear Frank N Fearless
Thank you for your request of 3 June 2025, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
I am writing to advise that a similar request was submitted under
reference number 24/25-1296, and a decision in relation to that request
was provided to you on 25 August 2025. The documents released under that
request address the scope of your current application, and no additional
documents have been identified.
Given this, I kindly ask that you consider withdrawing your current FOI
request 24/25-2158. If you agree, please confirm by replying to this email
by 3 September 2025.
Should you have any questions or require further assistance please email
me at [1][NDIA request email].
Kind regards,
Patrick (PHO293)
Senior Freedom Of Information Officer (FOI)
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E [2][email address]
[3][IMG]
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
Dear Frank N Fearless
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require this in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Thank you.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]Title: NDIS delivered by the National Disability Insurance Agency
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
From: foi <[NDIA request email]>
Sent: 27 August 2025 10:01
To: '[FOI #13256 email]'
<[FOI #13256 email]>
Cc: foi <[NDIA request email]>
Subject: RESPONSE REQUIRED: FOI 24/25-2158 - Your Request for Information
- Request to Withdrawal [SEC=OFFICIAL]
Dear Frank N Fearless
Thank you for your request of 3 June 2025, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
I am writing to advise that a similar request was submitted under
reference number 24/25-1296, and a decision in relation to that request
was provided to you on 25 August 2025. The documents released under that
request address the scope of your current application, and no additional
documents have been identified.
Given this, I kindly ask that you consider withdrawing your current FOI
request 24/25-2158. If you agree, please confirm by replying to this email
by 3 September 2025.
Should you have any questions or require further assistance please email
me at [6][NDIA request email].
Kind regards,
Patrick (PHO293)
Senior Freedom Of Information Officer (FOI)
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E [7][email address]
[8][IMG]
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
Cat left an annotation ()
I'm struggling to understand how relevant business areas and subject matter experts could have claimed no documents exist when such information was clearly disclosed to the ANAO, some examples of reasons debts were revoked were also referenced in the NDIA's quietly published announcement on the debt review outcomes, and only a small number not yet finalised.
Yet, the decision letter states:
"I note that the decision for FOI matter 24/25-1296 explained that no documents existed that described the nature of debts or progress and outcome, and an approach was taken to create a document to satisfy your request. I do not consider that document created to fall within the scope of this request.
As searches had already occurred regarding FOI matter 24/25-1296, I consulted with the Fraud Fusion Taskforce and Integrity Capability Division (FFTIC) to conduct further searches for documents between the timeframe of FOI matter 24/25-1296 and this new request. FFTIC advised that they did not locate any documents relevant to the scope of this request.
As such, based on the search results from FFTIC and consultation with subject matter experts, I am satisfied that documents relevant to the scope of your request do not exist."
Despite the ANAO report stating:
"Examples of debts that have been revoked by the NDIA include the following.
• The NDIA raised a debt in 2019 relating to a claim for the purchase of hand controls, as the participant did not follow the correct procedure to have the equipment approved. The NDIA revoked the debt in 2025 due to ‘insufficient procedural fairness’, as the participant’s nominee was not provided with a formal reason or legislative reference for the debt.
• The NDIA raised a debt in 2022 due to a participant not having kept receipts for assistive technology claims. The NDIA revoked the debt in 2025 as it determined that it had not collected sufficient evidence that the funds were not spent on supports (noting that the NDIS Act did not at that time allow a debt to be raised based on lack of substantiation).
• The NDIA raised a debt in 2023 for spending on gym and personal training supports. The NDIA revoked the debt in 2025 as it could not determine that the supports were not in accordance with the participant’s plan due to the general wording describing required supports in the plan."
The NDIA announcement clearly states that 115 of 475 participant debts have ALREADY been revoked. Documents containing themes and non-identifying information about the nature of those 115 debts and reasons for revoking them clearly exist, so where are they?
ANAO report here (see Box 1): https://www.anao.gov.au/work/performance...
Agency announcement here: https://www.ndis.gov.au/news/10858-debt-...