Lodge a freedom of information (FOI) request

People can request access to information held by the NDIS Commission. You can also request that we update information we hold about you. Some of these requests will be made under freedom of information (FOI).

Information you can request under freedom of information

The Freedom of Information Act 1982 allows you to:

• ask for access to documents that we hold, excluding exempt documents
• ask for information that we hold about you to be amended or annotated if it’s incomplete, out of date, incorrect or misleading.

Information the NDIS Commission holds

We can only release or update information that we hold. We can’t release information held by the National Disability Insurance Agency (NDIA), which is the organisation that makes decisions about NDIS plans and applications.
 

Exempt documents

We can refuse access to some documents, or parts of documents that are exempt. Exempt documents may include: 

• documents containing material obtained in confidence
• Cabinet documents
• documents that relate to other matters described in the Freedom of Information Act.
   

Information you can access without a freedom of information request

You can request access to some information without following a formal freedom of information process. This includes information we hold about you that doesn’t reference any other parties.

If you think this might apply to your request, email FOI@ndiscommission.gov.au or call 1800 035 544 for advice.

How to make a freedom of information request

1. Check if the information you want to access is already available. See the NDIS Commission Information Publication Scheme.
2. Your request must be in writing and emailed to FOI@ndiscommission.gov.au.
3. Your request needs to include:
   • a statement indicating it’s a request under the Freedom of Information Act 1982
   • specific details about the scope of the documents or information you want
   • an email or postal address we can use to reply to you
   • if you’re asking to access information about a person or a business, please get written consent from them and attach it to your request (if possible and relevant to your request)
   • if you’re requesting to access or amend information we hold about you, please attach a copy of your photo ID.
4. We’ll tell you that we’ve received your request within 14 days. The acknowledgement will include:
   • an estimate of any charges that apply to your request
   • any further information we need to process your request.
5. We’ll send you a letter explaining our decision within 30 days, unless an extension applies.
   If relevant, the letter will explain your rights for requesting a review of the decision.

Tips for requesting information

Requests can be processed efficiently and effectively when the scope of the information your requesting is specific and clear.

Fees and charges

There is no fee for making a freedom of information request or requesting we update personal information about you. 

However, processing charges may apply to other requests. We will give you an estimate of any applicable charges. These may include:

• Search and retrieval of documents: $15.00 per hour
• Photocopying: $0.10 per page
• Decision making including time spent deciding to refuse or grant a request, examining documents and consulting with other parties: free for first 5 hours and $20.00 for each subsequent hour.
• Supervision of your inspection of documents, audio or visual recording at our premises: $6.25 per half hour (or part thereof).
• Cost of postage or delivery. We may ask you to pay a deposit if the estimated cost of delivery is over $20.00.

What if I disagree with a freedom of information request decision?

You’ll receive a notice of decision letter explaining our decision and your rights to request a review. Your letter will include information on requesting a review if we:

• didn’t give you access to all or part of a document
• deferred giving you access to all or part of a document
• charged you a fee for your request
• refused to change or annotate information we hold about you that is incomplete, incorrect, out of date or misleading.

When we release documents that contain information about other people, they can also ask for our decision to be reviewed.

Request the NDIS Commission reviews the decision

If relevant, your notice of decision will include the option to request an ‘internal review’. This is when a different staff member – usually someone more senior than the original decision-maker – looks at all the information and reviews the decision. If this applies to you: 

• request a review in writing within 30 days, using the details in the notice
• we’ll advise you of our new decision within 30 days of receiving your request.

Request the Information Commissioner reviews the decision

You can ask the Australian Information Commissioner to review our original decision or our internal review decision. You need to do this: 

• within 60 days of your original freedom of information request, or your request for an internal review
• within 30 days if you are a third party mentioned in a released document.

The Information Commissioner can: 

• affirm the decision
• vary the decision
• make a new decision
• decide not to conduct a review in certain circumstances. 

More information is available at the Office of the Australian Information Commissioner (OAIC) website.

Complaints about freedom on information requests

If you are unhappy with the way we have handled your request, you can make a complaint to the Australian Information Commissioner.

The Commonwealth Ombudsman can also investigate complaints about our actions. However, the Commonwealth Ombudsman and the Information Commissioner will consult to avoid the same matter being investigated twice.

Information Publication Scheme

The Freedom of Information Act requires government agencies to have an Information Publication Scheme (IPS). Under an Information Publication Scheme, an agency makes information available to the general public to help them understand what the agency does, how it makes decisions, and how the public can access its services.

The NDIS Quality and Safeguards Commission (NDIS Commission) meets these requirements by publishing this information on our website.

Freedom of information disclosure log

Documents which the Commission has previously released are listed on our Freedom of information disclosure log.