Your email has been received by the Office of the Australian Information
Commissioner (OAIC). Important: Please note the OAIC is not a central
repository and does not hold documents of other Commonwealth agencies or
State or Territory Departments. 

FOI requests to the OAIC

Important: This email address is only for making requests to obtain access
to document(s) held by the OAIC, pursuant to the Freedom of Information
Act 1982 (Cth) (FOI Act). We will only action and respond to emails making
FOI requests to the OAIC.

For information on how to make an FOI request to the OAIC, and to ensure
that your request complies with the requirements of the FOI Act, please
refer to the FOI page on the OAIC website at:
[1]https://www.oaic.gov.au/about-us/access-...

Once your request has been assessed by the OAIC, and registered, an
acknowledgement email will be sent to you with an FOI reference number.

Statistics

The OAIC publishes an Australian Government FOI statistics dashboard which
provides key freedom of information (FOI) data over the last 5 years, as
reported by Australian Government agencies and ministers to the OAIC under
the Freedom of Information Act 1982. This dashboard is updated quarterly
and available on our website at [2]Australian Government freedom of
information statistics | OAIC

The OAIC does not hold documents of other Commonwealth agencies, nor for
other state agencies, or private organisations. The OAIC does not hold
Police Records or State Government Records. Further information on how to
access these types of records is here [3]Freedom of information requests
to the OAIC

Accordingly:

1)       if you are seeking to access documents of a particular
Commonwealth agency, you will need to make your request directly to the
relevant agency. For example, if you are requesting a copy of your visa
records, please make an FOI request and send it to the Department of Home
Affairs. Further details and information is below.

2)       if you are seeking to access documents of a state or local
government agency, each Australian state and territory have separate FOI
legislation which governs information held by state government agencies. 
Please contact the relevant agency as to how to make an application to
access the documents. For example, if you are seeking access to police
reports from the NSW Police Force, this agency is governed by the
Government Information (Public Access) Act 2009 (NSW) (GIPA Act); you will
need to contact NSW Police to find out how to make a GIPA application for
a police report.

3)       if you are seeking to access documents of a private organisation,
which the FOI Act does not apply to, please contact the organisation
directly to find out how to access the documents you are seeking. For
example, if you are seeking to access hospital records or your medical
records, please contact these organisations directly. 

4)       You can request copies of documents directly from other
Commonwealth agencies, such as:
Australian Federal Police
[4]Freedom of Information access requests - AFP
Department of Home Affairs
[5]Freedom of information (homeaffairs.gov.au)- external site
Services Australia
[6]Freedom of information - Services Australia- external site
Department of Veterans Affairs
[7]Freedom of information | Department of Veterans' Affairs (dva.gov.au)-
external site
Australian Taxation Office
[8]Freedom of information (FOI) request – individuals and businesses |
Australian Taxation Office (ato.gov.au)- external site
Department of Foreign Affairs and Trade (passports)
[9]Freedom of information | Australian Government Department of Foreign
Affairs and Trade (dfat.gov.au)- external site

5)       For other Commonwealth or State agencies, please visit the
relevant agency's website and search 'freedom of information' or 'FOI
request'.

Enquiries and other matters

If your email relates to any of the following, please use the OAIC's
online forms at [10]https://www.oaic.gov.au/about-us/contact...

-               Enquiry

-               Privacy Complaint

-               Notifiable Data Breach

-               Consumer Data Right Complaint

-               FOI Complaint

-               Freedom of Information (IC) Review

-               Agency FOI Extension of Time Requests

-               Speech requests.

Kind regards

Office of the Australian Information Commissioner

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/about-us/access-...
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/about-the-OAIC/a...
4. https://www.afp.gov.au/about-us/governan...
5. https://www.homeaffairs.gov.au/access-an...
6. https://www.servicesaustralia.gov.au/fre...
7. https://www.dva.gov.au/about-us/overview...
8. https://www.ato.gov.au/forms-and-instruc...
9. https://www.dfat.gov.au/about-us/corpora...
10. https://www.oaic.gov.au/about-us/contact...

Our reference: MR25/00938

Agency reference: FOI 24/25-1232

By email:  [1][FOI #13179 email]

Receipt of your IC review application 

Thank you for your application for Information Commissioner Review (IC
review). 

The [2]OAIC’s service charter sets out the standard of service you can
expect from the OAIC and explains how you can assist us to help you. 

Information about the Information Commissioner review process is set out
in the [3]Direction as to certain procedures to be followed by applicants
in Information Commissioner reviews issued under s 55(2)(e)(i) of the FOI
Act

The Office of the Australian Information Commissioner (OAIC) is
considering a large number of applications. Information about the OAIC’s
IC review caseload and focus areas can be found at [4]Caseload reports and
focus areas.

The OAIC will be in contact with you regarding whether the OAIC is able to
review your application and if so, whether the OAIC has commenced review
of your application. The respondent agency or minister may also engage
with you directly in relation to your IC review application if we decide
to review its decision.

You may experience long delays as we review your application particularly
if it does not involve an issue within the OAIC’s focus areas. The OAIC is
not able to provide substantive updates on the progress of your
application and is unable to accommodate requests to expedite matters.

You may wish to contact the agency that dealt with your FOI request to
attempt to resolve the matter. Agencies are required to deal with FOI
requests in accordance with the [5]FOI Guidelines. These Guidelines may
also assist you to make your submissions in your IC review.

Further information about the IC review process is outlined in  [6]Part 10
of the FOI Guidelines.

Yours sincerely, 

[7][IMG]   Sarveshcika Yuvaraj (she/her)

Intake and Triage Officer

Intake and Eligibility Branch

Office of the Australian Information Commissioner

Sydney | GPO Box 5288 Sydney NSW 2001

P 1300 363 992  E [8][email address]
 
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

[9]Subscribe to Information Matters

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #13179 email]
2. https://www.oaic.gov.au/about-the-OAIC/o...
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://www.oaic.gov.au/
8. mailto:[email address]
9. https://www.oaic.gov.au/engage-with-us/n...

Our reference: MR25/00938

Agency reference: FOI 24/25-1232

FOI Contact Officer  

National Disability Insurance Agency 

By email: [1][email address]

David Wright 

By email: [2][FOI #13179 email]

Information Commissioner review - Notice of commencement 

Dear Parties,  

Please find attached notice of commencement for the above referenced
Information Commissioner review (IC review).  

The OAIC requires the agency to engage with applicants to resolve or
narrow the issues in dispute. Applicants are encouraged to actively
communicate with the agency to facilitate this engagement. 

Please note, Annexure A and B of the notice provide further information
about the obligations of parties during the IC review process. 

Kind regards

[3][IMG]   Melih Sayan

Assistant Review Advisor

Office of the Australian Information Commissioner

Sydney NSW | GPO Box 5288 Sydney NSW 2001

P 1300 363 992 E [4][email address]

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #13179 email]
3. https://www.oaic.gov.au/
4. mailto:[email address]

Dear David Wright,

Please find attached correspondence and documents in relation to your FOI
request (Our Ref: FOI 24/25-1232). If you require these in a different
format, please let us know.

As this matter is currently before the Office of the Australian
Information Commissioner (OAIC) for review, we have copied OAIC into this
correspondence.

If you have any questions, please don’t hesitate to contact us at
[1][email address]

Kind Regards

Liz

Senior Freedom of Information Officer 

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E: [2][email address]

[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

show quoted sections

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
4. https://intranet.ndiastaff.ndia.gov.au/h...

Our reference: MR25/00938

Agency reference: FOI 24/25-1232

Applicant: David Wright

Respondent: National Disability Insurance Agency

By email: [1][FOI #13179 email]

David Wright’s Your Information Commissioner review application

Good afternoon David Wright,

On 24 January 2025, you made a Freedom of Information request to the
respondent referenced at the top of this email.

On 16 May 2025, you applied for Information Commissioner review (IC
review). This was because you indicated you were unhappy with the FOI
decision.

On 23 June 2025, the Agency notified the Office of the Australian
Information Commissioner (OAIC) that it has now provided you with a
decision.

As you have now received a decision, the reason for your IC review
application appears to be resolved.   

Action required by you before 10 July 2025:

o If [the decision has satisfied your request and] you no longer require
an IC review, please reply to this email stating ‘I no longer require
an IC review’.

o If you wish to proceed with your IC review application, you must tell
us which parts of the decision you disagree with and why.
Specifically:

o what documents you think are missing that relate to your request
o which exemptions/redactions you disagree with
o why you think that your request would not substantially or
unreasonably divert an agency’s resources or interfere with the
performance of a minister’s functions

Participation in IC review process:

You are required to comply with the [2]Direction as to certain procedures
to be followed by applicants in Information Commissioner reviews. If an
applicant fails to comply with a direction of the Information
Commissioner, including the Direction as to certain procedures to be
followed by applicants in Information Commissioner reviews, the
Information Commissioner may in some cases decide not to undertake or
continue to undertake an IC review. The Direction specifically states:

o An applicant or nominated representative must advise the OAIC if there
are any changes to their contact details as soon as it is possible to
do so. The IC may decide not to undertake a review, or not continue to
undertake a review, if the applicant or their nominated representative
cannot be contacted after making reasonable attempts (s 54W(a)(iii))
[2.13]

o An application for IC review should also:

o identify the parts of the decision the applicant wants the
Information Commissioner to review
o state why the applicant disagrees with the agency’s or minister’s
decision
o identify which documents the applicant considers have been wrongly
refused or which exemptions have been incorrectly applied
o if the FOI request has been refused on the ground that it would
substantially or unreasonably divert an agency’s resources or
interfere with the performance of a minister’s functions (ss 24 and
24AA) – specify the reasons why the applicant believes the FOI
request would not have this impact [2.16]

o A revised decision does not automatically conclude the IC review, and
the revised decision becomes the decision under review (s 55G(2)(b)).
The OAIC will generally consult the IC review applicant as to whether
they want to continue the IC review on the basis of the revised
decision. Applicants who are not satisfied with the revised decision
must explain why they disagree with the revised decision and the basis
on which they wish to proceed with the IC review. If the applicant
does not respond to the OAIC’s correspondence, the Information
Commissioner may decide not to continue to undertake the IC review (s
54W of the FOI Act) [2.25]

o Applicants must respond to requests for information from the OAIC
within the time provided unless there are exceptional circumstances
warranting a longer period to respond. If more time is needed, a
request for an extension of time must be made to the OAIC at the
earliest opportunity within the period provided for response, and no
later than 2 days before that period is due to expire. Requests for
more time must explain the exceptional circumstances that necessitate
additional time and propose a new date for response. Approval of an
extension request is at the discretion of the OAIC [2.22]

o During an IC review, applicants will be given a reasonable opportunity
to present their case. This generally includes having the opportunity
to comment on relevant, adverse information provided to the OAIC by
other parties [2.26]

o The OAIC expects that applicants and agencies will engage with the IC
review process, with respect and courtesy [2.23]

As such, if you do not provide the information we need for the IC review
application by 10 June 2025, we intend to close your IC review
application.

Assistance

If you are unable to respond by 10 July 2025, you must request more time
at the earliest opportunity and no later than 08 July 2025. Requests for
more time must explain why you need more time, and you must tell us when
you will be able to provide a response.

Please note: You can withdraw an IC review application at any time. There
is no penalty if you do this. You can also lodge a new FOI request to the
respondent at any time.

If you require assistance regarding this email, please contact us at
[3][email address].

Please quote the reference at the top of this email in all correspondence.

Kind regards,

[4][IMG]   Melih Sayan

Assistant Review Advisor

Office of the Australian Information Commissioner

Sydney NSW | GPO Box 5288 Sydney NSW 2001

P 1300 363 992 E [5][email address]

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #13179 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]