LEX database entries for Model Litigant Obligation (MLO) complaints, 2024-2025
Dear National Disability Insurance Agency,
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.
Yours faithfully,
David Wright
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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 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:
" 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. "
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 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.
Dear Jaimee
I confirm agreement to a 30-day extension of time, making the new due date for you to decide on my request 7 September 2025. I also confirm that NDIA staff members’ surnames and contact details are irrelevant to my request.
Yours sincerely,
David Wright
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. mailto:[NDIA request email]
2. mailto:[NDIA request email]
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. mailto:[NDIA request email]
2. mailto:[NDIA request email]
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. mailto:[NDIA request email]
2. mailto:[NDIA request email]
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.
Once all fields are entered and submitted for an individual MLO complaint, I imagine this would produce a discrete record on LEX – or what you describe in your response as a ‘main record’. 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’). Accordingly, your reference to potentially hundreds of linked records, ‘including file notes, attachments, reminders and other documents’, is not relevant.
As regards which LEX database in which to search, I imagine it would be whatever LEX database receives and stores these ‘main’ records.
As regards personal and protected information, these details can be redacted from any documents provided to me.
I further note that I have requested entries dating from 1 July 2024 to 30 June 2025. FOI 24/25-1962 indicates that in 2024-2025, the NDIA received 56 MLO complaints. I therefore imagine that a search would produce something in the order of 56 ‘main’ records. I would not consider that the work involved in processing this information would substantially and unreasonably divert the resources of the NDIA from its other operations due to its size, especially as I am not requesting any linked records other than the ‘Final Determination’. The work required to screen this limited number of records (excluding attachments) for personal protected information, legal advice and sensitive business information would presumably be far less than the 100 hours that you have estimated.
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.
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