Our reference: FOI 23/24-0993
GPO Box 700
Canberra ACT 2601
1800 800 110
1 May 2024
ndis.gov.au
A-Z inquiry
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear A-Z inquiry
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 19 December 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).
I apologise for the significant delay in making this decision.
Scope of your request
You have requested access to the following information:
“I have been advised that Reasonable and Necessary supports are put into the plan
at the time it's created but Spending needs to be in accordance with the plan which
means meets disability needs is this correct?
In the Self Managers guide it says self managed participants are responsible for in
accordance with the plan. In the Plan Manager guide it says plan managers are
responsible for in accordance with the plan. Agency Managed are responsible for in
accordance with the plan. I could not find any documentation on participants
responsibility who are plan managed could you please direct me to this document?
How does a participant know what is in accordance with the plan if it does meet goals
and disability needs?”
Processing History
On 19th December 2023, we emailed you answers to your questions informally by providing
more information about the responsibilities of plan managed participants. In addition, we
offered alternative contacts for more information about funding. In this email we provided
links to two of the NDIS’ webpages,
Managing your Plan and
Your Rights and
Responsibilities.
You responded to this email on 2nd January 2024. You wrote that you were unhappy with this
response and requested more information about plan spending. The subject line of your
email marked it as a request for an internal review. However, we were not able to accept this
email as a valid internal review request because we had not yet made a formal decision on
your original request.
On 13th March 2024, we responded to your second email. We explained why we were
unable to conduct an internal review. In this email we also advised you that the FOI team
provides access to
documents and we are not able to provide answers to questions or give
1
advice unless it exists in the form of a document. We also advised that you get in contact
with your LAC (if you have one) to explain what NDIS funding can be used for. In addition,
we invited you to make a second request under the FOI Act, if you could identify which
documents you wished to access.
On 09th April 2024, I contacted you by email so we could potentially discuss your request for
information either over the phone or via email but unfortunately, I received no response.
After we were unable to contact you, I decided to formally initiate the request consultation
process so we could revise your request as we did not have enough information about the
documents that you were seeking.
Expiration of Time
The due date for your request was 19th January 2024 we have been experiencing
processing delays and were not able to provide you with a decision by the due date. Due to
this your request was regarded as a deemed access refusal under Section 15AC of the FOI
Act. I have continued to process your request, and I acknowledge this this decision is being
released significantly after the due date. However, I note you still retain your external review
rights on this decision.
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 decided to refuse your request for access under section 24A of the FOI Act. The
reasons for my decision are set out below.
In reaching my decision, I took the following into account:
your correspondence outlining the scope of your request the FOI Act
the FOI Guidelines published under section 93A of the FOI Act
the NDIA’s operating environment and functions.
Reasons for decision - Refuse a request for access (section 24AA)
Section 24AA of the FOI Act provides that an agency may issue a practical refusal if the
scope of the request is unclear or does not provide enough information to accurately and
efficiently determine what documents are being requested.
2
Unfortunately, we were not able to contact you to discuss revising the scope of your request,
due to this I have been unable to determine what documents would satisfy your request for
information.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment A.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at xxx@xxxx.xxx.xx.
Yours sincerely
Jordyn (JHD938) Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
3
