Our reference: FOI 22/23-1636
GPO Box 700
Canberra ACT 2601
1800 800 110
1 August 2023
ndis.gov.au
AS
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear AS
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 1 June 2023 in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the
Freedom of
Information Act 1982 (FOI Act).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You have requested access to the following documents:
1. Any Technical Advisory Branch (or any internal Technical advice department)
referral policy.
2. A list of all diagnoses that require mandatory referral to TAB for advice
before NDIS access can be granted for a person with that diagnosis.
3. A list of diagnoses NDIA consider to be “health conditions” or “chronic health
conditions” . Any policy document that determines which diagnoses are considered to
be “health conditions” or “chronic health conditions”
Extension of time
On 30 June 2023, you agreed to a 30-day extension of time under section 15AA of the FOI
Act, making 1 August 2023 the new date to provide you with a decision on access.
Search efforts
Searches for documents were conducted by relevant business areas using reasonable
search terms that could return documents relevant to your request and 2 documents have
been identified which fall within Part 1 of the scope of your request.
In regard to Part 2, I have been advised by the line area that there are no diagnoses that
require a mandatory TAB referral. This is because under the NDIS Act, access to the NDIS
is not based on the types of disability or the presence of an underlying condition, illness, or
injury, rather it is based on the permanency of a person’s impairment and a substantial
reduction in their functional capacity to engage in activities of daily living.
This means that having a particular diagnosis does not impact on access to the scheme, or
the amount of funding allocated to an individual plan. The annualised committed support
amounts in each plan are based around each participant’s individual support needs and
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unique circumstances, rather than their recorded primary or secondary diagnosis. There are
however, certain Assistive Technology (AT) requests that require mandatory TAB Advice.
In regard to part 3 of your request, the publicly available National Disability Insurance
Scheme Guidelines is the resource available to staff to determine between what is a
disability and what is a health condition.
The NDIA do not rely on the definition of a health condition specifically, every application is
assessed to ensure it meets the disability requirements. Do you meet the disability
requirements? | NDIS
More information, including the link to the Health Department definition of a ‘chronic health
condition’ can be found at: Who is responsible for the supports you need: Health | NDIS
Further information around this can be found at: Disability related health conditions is
available at: Disability-related health supports | NDIS
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your
request and the reasons for my decision are set out below.
I have identified 1 document, which falls within the scope of your request.
The document was identified by conducting searches of NDIA’s systems, using all
reasonable search terms that could return documents relevant to your request, and
consulting with relevant NDIA staff who could be expected to be able to identify documents
within the scope of the request.
I have decided to grant access to this 1 document in full.
In reaching my decision, I took the following into account
your correspondence outlining the scope of your request
the nature and content of the documents falling within the scope of your request
the FOI Act
the FOI Guidelines published under section 93A of the FOI Act
relevant case law concerning the operation of the FOI Act
consultation with relevant NDIA staff
factors relevant to my assessment of whether or not disclosure would be in the public
interest
the NDIA’s operating environment and functions.
Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
enclosed.
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Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment B.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at xxx@xxxx.xxx.xx.
Yours sincerely
Jade Senior Freedom of Information Officer
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 22/23-1636
Document
Page
Description
Access Decision
number
number
1 1-2
TAB requesting advice
FULL ACCESS
Undated
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Attachment B
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review
will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in
writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review
process, you should clearly outline your grounds for review (that is, the reasons why you
disagree with the decision). Applications for internal review can be lodged by email to
xxx@xxxx.xxx.xx or sent by post to:
Freedom of Information Section
Parliamentary, Ministerial & FOI Branch
Government Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act also gives you the right to apply to the Office of the Australian Information
Commissioner (OAIC) to seek a review of this decision.
If you wish to have the decision reviewed by the OAIC, you may apply for the review, in
writing, or by using the online merits review form available on the OAIC’s website at
www.oaic.gov.au, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
Online:
www.oaic.gov.au
Post:
GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone:
1300 363 992 (local call charge)
Complaints to the Office of the Australian Information Commissioner or the
Commonwealth Ombudsman
You may complain to either the Commonwealth Ombudsman or the OAIC about actions
taken by the NDIA in relation to your request. The Ombudsman will consult with the OAIC
before investigating a complaint about the handling of an FOI request.
Your complaint to the OAIC can be directed to the contact details identified above. Your
complaint to the Ombudsman can be directed to:
Phone:
1300 362 072 (local call charge)
Email:
xxxxxxxxx@xxxxxxxxx.xxx.xx
Your complaint should be in writing and should set out the grounds on which it is considered
that the actions taken in relation to the request should be investigated
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