Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team. 
 
Please note: due to a high volume of requests, our ability to respond to
you in a timely manner may be affected. We will action your request as
soon as possible and will endeavour to process your matter within the
legislative deadlines. We may need to seek your agreement to an extension
of time. We appreciate your understanding if this is required. 
 
Participant Information 
Did you know the NDIA has other ways to access the documents and
information that we hold? 
 
 
Participants, Guardians and Nominees can obtain copies of some participant
information through our National Contact Centre (NCC). For more
information about what’s available through the NCC, please contact 1800
800 110. 
 
 
Please visit our [1]Access to Information webpage to find out more about
accessing information through: 

* The [2]Participant Information Access (PIA) scheme 
 
* The [3]Information Publication Scheme (IPS) 
 
* The [4]myplace portal for participants    
 
* The [5]myplace portal for providers 

Access to Data 
 
You can also request data and statistics. Please visit our [6]Data and
insights webpage page for further information. 
 
 
If you are able to obtain your information from a source listed above, you
can withdraw your FOI request by emailing [7][NDIA request email] 
 
Further Information 
 
Information about how to make an FOI request can be found on our website:
[8]Freedom of Information 
 
 
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]ndis.gov.au.
Alternatively, you can also contact us by phoning 1800 800 110. 
 
 
Kind regards    
 
 
Freedom of Information Team  
Complaints Management & FOI Branch 
General Counsel Division  
National Disability Insurance Agency  
E [11][NDIA request email]   
   
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.  
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Dear David,

Freedom of Information Request: Acknowledgement & Extension of Time Request

Thank you for your request on 9 July 2025, made under the Freedom of Information Act 1982 (FOI Act), for copies of documents held by the National Disability Insurance Agency (NDIA).

Scope of your Request

You have requested access to:

" For all MLO complaints which were investigated from 1 July 2024 to 30 June 2025, I request:
1) A list of all the external legal providers engaged by the NDIA to investigate these MLO complaints.
2) A list of all the external legal providers which were engaged by the NDIA in matters that were subject of these complaints. "

Processing Timeframes

In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory period for processing your request commenced from 10 July 2025. This 30-day period expires on 8 August 2025.

The 30-day period can be extended in a number of ways, including with your agreement.

Extension of Time Request:

Unfortunately, it is currently taking us a little longer than 30 days to process FOI requests due to a very high volume of incoming matters. 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 7 September 2025.

Please let us know if you agree by Monday 14 July 2025.

Explanation of Extension of Time Request:

The reason I am seeking an extension of time is to ensure I preserve your review rights under the FOI Act.

FOI applicants are normally entitled to exercise a right of internal review if they are unsatisfied with the outcome of an FOI decision. However, this right of review lapses if a FOI decision is not made within the statutory timeframe. This is because if an agency doesn’t issue their decision within the statutory timeframe, they are deemed to have refused the request for documents. If this situation happens, it will limit your options for formal review to only contacting the OAIC.

You are not obligated to agree to this request, you would still retain your review rights with our regulatory body OAIC (Office of the Australian Information Commission).

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?

Action Required

Can I please request a response regarding our request for a 30-day extension of time, by Monday 14 July 2025.

Next steps

I have completed some preliminary work on your request; however, your matter will be allocated to an authorised FOI decision-maker for any further action. The decision-maker may need to contact you to discuss a range of matters, including refining the scope of your request.

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.

In the meantime, if you have any questions or need help, please contact us at [NDIA request email].

Kind Regards,
Jaimee
Triage Officer – Triage and Early Resolution
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
[NDIA request email]

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.

-----Original Message-----
From: David Wright <[FOI #13393 email]>
Sent: Wednesday, 9 July 2025 12:45 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - External legal providers involved in Model Litigant Obligation (MLO) complaints, 2024-2025

[You don't often get email from [FOI #13393 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

Dear National Disability Insurance Agency,

FOI 24.25 1119, Document 1, states that the NDIA engages external legal providers to undertake an 'impartial' investigation into Model Litigant Obligation (MLO) complaints, and to provide advice on whether a breach of the Agency's MLO has occurred, if required.

For all MLO complaints which were investigated from 1 July 2024 to 30 June 2025, I request:
1) A list of all the external legal providers engaged by the NDIA to investigate these MLO complaints.
2) A list of all the external legal providers which were engaged by the NDIA in matters that were subject of these complaints.

Yours faithfully,
David Wright

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #13393 email]

Is [NDIA request email] the wrong address for Freedom of Information requests to National Disability Insurance Agency? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
********************************************************************** IMPORTANT: This e-mail is for the use of the intended recipient only and may contain information that is confidential, commercially valuable and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any review, re-transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this information is prohibited and may result in severe penalties. If you have received this e-mail in error please notify the sender immediately and delete all electronic and hard copies of this transmission together with any attachments. Please consider the environment before printing this e-mail **********************************************************************

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Dear David Wright

Thank you for your request for information.

Please find attached correspondence in relation to your request. If you
require this attachment in a different format, please let us know.

Please contact us at [1][NDIA request email] if you have any questions or
require help.

Kind regards

 

Laura

Assistant Director

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

 

**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
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References

Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]

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Dear David Wright

Thank you for your request for information.

Please find attached correspondence in relation to your request. If you
require this attachment in a different format, please let us know.

Please contact us at [1][NDIA request email] if you have any questions or
require help.

Kind regards

 

Laura

Assistant Director

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

 

**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************

References

Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]

hide quoted sections

Dear David Wright

Thank you for your request for information.

Please find attached correspondence in relation to your request. If you
require this attachment in a different format, please let us know.

Please contact us at [1][NDIA request email] if you have any questions or
require help.

Kind regards

 

Laura

Assistant Director

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

 

**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************

References

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Hi David

 

Thanks for your replies. I am treating all 3 of your MLO-related FOI
requests as a single request for the purpose of this practical refusal
process. This is permitted by the FOI Act if the requests are related to
the same subject matter. As they are all related to MLO complaints over
the same time period, I have strong grounds to combine these 3 requests.

 

In order to avoid confusion, I will only respond to you once. In this
email I will address all 3 parts of your request.

 

Part 1:

 

Scope:

 

“…FOI 24.25 1119, Document 1, states that records are created in the
NDIA's LEX database for Model Litigant Obligation (MLO) complaints.

 

I request all such entries in the LEX database, dating from 1 July 2024 to
30 June 2025.

 

Please provide me with a complete record of all these LEX database
entries, containing all entered fields, in Microsoft Excel format.”

 

Your clarification:

 

“…It is copies of these main records to which I seek access. I do not seek
access to any linked documents uploaded to the main record, with one
exception – field 13 of the form (copies of the ‘Final Determination’).”

 

“…Please note that if there are multiple ‘draft’ entries submitted by NDIA
staff for each MLO complaint using the form at Annexure C, I am only
interested in viewing the final completed form, once inputting data has
been finalised. I do not wish to seek access to interim, incomplete or
draft entries.”

 

“…As regards which LEX database in which to search, I imagine it would be
whatever LEX database receives and stores these ‘main’ records.”

 

My response:

 

o I will ask the business area to search only the “main details” page on
LEX.
o I will ask them if they categorise documents as “final determination”
(or similar). If they do, I will ask them to search exclusively for
documents with this categorisation. If they do not, I will propose a
keyword search (“final determiniation”) of documents.
o I will ask the business area to advise whether they have enough
information to determine which LEX system to search. All versions of
LEX have “main details” pages. The key distinction between versions of
LEX is which subteam within the Agency uses each system.

 

Part 2:

 

Scope:

 

“…For all MLO complaints which were investigated from 1 July 2024 to 30
June 2025, I request:

1) A list of all the external legal providers engaged by the NDIA to
investigate these MLO complaints.

2) A list of all the external legal providers which were engaged by the
NDIA in matters that were subject of these complaints.”

 

Your clarification:

 

“…In response, I refer you again to FOI 24.25 1119, Document 1,
specifically to pages 22-23, being ‘Annexure C – Using Legal LEX’

 

This annexure sets out the fields that NDIA officers must enter when
recording a MLO complaint.

 

Field 4(d) is ‘External law firm’. I assume this would be the name of the
external legal providers which were engaged by the NDIA in matters that
were subject of the MLO complaint.

 

Field 12(d) is ‘Legal Advice: This is the response provided by the
Independent Reviewer’.  The ‘Independent reviewer’ would be the name of
the external legal provider engaged by the NDIA to investigate these MLO
complaints.

 

Accordingly, I imagine that the information I have requested could be
readily extracted from fields 4(d) and 12(d) of all the finalised LEX form
entries from 1 July 2024 to 30 June 2025.

 

As regards which LEX database in which to search, I imagine it would be
whatever LEX database receives and stores the records produced once NDIA
officers have filled out and entered the form described in Annexure C.”

 

NDIA response:

 

o The NDIA has accepted this part of your FOI request. I will ask the
relevant business area to extract the data. I believe this cn be
provided to you in the form of a section 17 document.

 

Part 3:

 

“…FOI 24/25-0251, document 2 states: 'The NDIA reports regularly to the
Office of Legal Services Coordination on these [Model Litigation
Obligation] matters.'

 

I request copies of all these reports.”

 

Your clarification:

 

“…I refer you to FOI 24.25 1119, Document 1, specifically to page 13 which
states that ‘Within 10 business days of receiving the Investigation Pack,
the Independent Reviewer will provide … Draft notification to the Office
of Legal Services Coordination (OLSC) outlining the complaint and the
outcome.’    I assume that these ‘Draft’ notifications later became
‘Final’ notifications, which are supplied to OLSC.”

 

“…I also refer you to FOI 24/25-1962 which indicates that in 2024-2025,
the NDIA received 56 MLO complaints. I therefore assume there was
something in the order of 56 final notifications to the OLSC (one
notification per MLO matter).”

 

“…I am requesting copies of all such final notifications in the 2024-2025
financial year.”

 

My response:

 

o Thank for for specifying a defined date range. This is very helpful.
o Thank you for specifying that you are seeking notifcations about
individual MLO complaints, not any other reports. This is also very
helpful.
o I believe that your clarified scope will be actionable. However, I
will seek advice from the subject matter expert on MLO complaints
before I formally confirm this.

 

Next steps:

 

o I am going to send a search consult to the relevant business areas. I
will ask them if they can process your request, and extract relevant
documents, based on the additional details you have provided.

 

o If they have further issues, I will contact you again to continue the
consultation process.

 

o If they believe they can extract documents, I will give you a status
update and an estimated timeframe.

 

If you have any questions about this, please reach out. Thank you for
being so responsive.

 

Kind regards

 

Laura

Assistant Director

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [1][NDIA request email]  

[2]NDIA logo

[3]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.

[4]Aboriginal and Torres Strait Islander flags graphic

 

-----Original Message-----
From: David Wright <[FOI #13393 email]>
Sent: Thursday, 14 August 2025 1:57 PM
To: foi <[NDIA request email]>
Subject: Re: Your request for information - Request consultation process -
[1364] FOI 25/26-0073, [1366] FOI 25/26-0074, [1455] FOI 25/26-0129
[SEC=OFFICIAL]

 

Dear Laura

 

 

 

Thank you for your response. I note that you have refused my request for
the following reasons:

 

 

 

1)           My request does not provide enough information about the
documents I am seeking as is reasonably necessary to allow you to identify
them.

 

2)           The work involved in processing my request in its current
form would substantially and unreasonably divert the resources of the NDIA
from its other operations due to its size.

 

3)           Searches indicate that the NDIA is unable to locate documents
that may be relevant to my request.

 

4)           The wording of my request does not provide sufficient
information for you to understand what LEX records specifically I seek
access to.

 

5)           LEX doesn’t operate as a single system, but comprises
multiple systems and I have not specified which version I wish you to
search.

 

6)           Each LEX ‘main record’ potentially links to hundreds of
records.

 

7)           I do not have the authority to access the personal, protected
information of other people involved with the NDIS, and the requested
documents will likely include such information.

 

8)           The FOI Act contains several sections which allow agencies to
refuse access to legal advice and sensitive business information, and it
is likely that the materials requested will contain such information.

 

9)           The time taken to review materials for personal protected
information, legal advice and sensitive business information, will require
an estimated 100 hours.

 

 

 

In response, I refer you again to FOI 24.25 1119, Document 1, specifically
to pages 22-23, being ‘Annexure C – Using Legal LEX’

 

 

 

This annexure sets out the fields that NDIA officers must enter when
recording a MLO complaint.

 

 

 

Field 4(d) is ‘External law firm’. I assume this would be the name of the
external legal providers which were engaged by the NDIA in matters that
were subject of the MLO complaint.

 

 

 

Field 12(d) is ‘Legal Advice: This is the response provided by the
Independent Reviewer’.  The ‘Independent reviewer’ would be the name of
the external legal provider engaged by the NDIA to investigate these MLO
complaints.

 

 

 

Accordingly, I imagine that the information I have requested could be
readily extracted from fields 4(d) and 12(d) of all the finalised LEX form
entries from 1 July 2024 to 30 June 2025.

 

 

 

As regards which LEX database in which to search, I imagine it would be
whatever LEX database receives and stores the records produced once NDIA
officers have filled out and entered the form described in Annexure C.

 

 

 

I also refer you to refer you to FOI 24/25-1962, which indicates that in
2024-2025, the NDIA received 56 MLO complaints. Given this limited and
discrete number of MLO complaints, I assume that the work involved in
collating the requested information in fields 4(d) and 12(d) would not be
considered to substantially and unreasonably divert the resources of the
NDIA from its other operations due to its size. The time taken to review
materials for personal protected information, legal advice and sensitive
business information, would not come anything close to the estimated 100
hours cited in your response.

 

 

 

As regards your reasons for refusal pertaining to personal/protected
information, legal advice and sensitive business information, none of
these are relevant, as I am only requesting a list of the names of the
legal providers involved. These names are not personal/protected
information, legal advice or sensitive business information.

 

 

 

Please advise if this provides you with sufficient information as to the
scope of my request, and whether the information I have requested can be
provided. If not, please explain the grounds upon which it is refused, and
I can further consider the refinement of my request.

 

 

 

Yours sincerely,

 

David Wright

 

 

 

-----Original Message-----

 

 

 

Dear David Wright

 

 

 

Thank you for your request for information.

 

 

 

Please find attached correspondence in relation to your request. If you

 

require this attachment in a different format, please let us know.

 

 

 

Please contact us at [1][NDIA request email] if you have any questions or

 

require help.

 

 

 

Kind regards

 

 

 

 

 

 

 

Laura

 

 

 

Assistant Director

 

 

 

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

 

 

 

 

 

 

References

 

 

 

Visible links

 

1. [5]mailto:[NDIA request email]

 

2. [6]mailto:[NDIA request email]

 

 

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

 

[7][FOI #13393 email]

 

 

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

 

[8]https://aus01.safelinks.protection.outlo...

 

 

 

Please note that in some cases publication of requests and responses will
be delayed.

 

 

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

 

-------------------------------------------------------------------

 

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this information is prohibited and may result in severe penalties. If you
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and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
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