Our reference: FOI 24/25-1210
GPO Box 700
Canberra ACT 2601
1800 800 110
22 May 2025
ndis.gov.au
Tessa Kelton
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Tessa Kelton
Freedom of Information request —Notice of Decision
Thank you for your correspondence of 25 November 2024, seeking access under the
Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability
Insurance Agency (NDIA).
The purpose of this letter is to provide you with a decision on your request. I apologise for
the delay in processing this request for you.
Scope of your request
You have requested access to the fol owing documents:
…all documents, in full, pertaining to Unlisted Genetic Disorders
1. All documents, policies, and internal guidelines that outline the assessment
criteria and decision-making process used by the National Disability Insurance
Agency (NDIA) for determining eligibility for individuals with genetic disorders not
listed on List A, List B, List C, or List D.
2. Assessment tools and methodologies applied to evaluate these unlisted genetic
disorders for NDIS access and associated funding decisions.
3. Any “disability snapshot” or related summary documents used in these
assessments for unlisted genetic disorders.
Time limit
As we did not complete your request by the legislated due date of 25 December 2024, it is
regarded as a deemed refusal under section 15AC of the FOI Act. I have continued
processing your request and advise that although you no longer have internal review rights
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regarding my decision, you stil maintain your right to seek external review. Further details
are set out in
Attachment B to this letter.
Search efforts
We identified Service Delivery, Service Guidance and Scheme Eligibility Branches as the
appropriate areas to contribute documents that fall within scope of your request. These
Branches conducted thorough searches for all documents that may fall within scope of your
request. Two documents were identified as potentially fal ing within scope of Item 1 and Item
2 of your request. No documents were identified as falling within Item 3 of the scope of your
request.
Decision
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.
As identified above, two documents were identified as falling within scope of Items 1 and 2 of
the scope of your request. I have included Document 1 (as referred to in the Schedule of
Documents at
Attachment A), whilst not specifically identified as relating to an unlisted
genetic disorder, as speech disorders can be genetic. I have included a hard copy of
Document 2, which is also available publicly on our website at the following link
: Applying to
the NDIS | NDIS.
I have decided to grant access to these two documents in full. Additionally, I have decided to
refuse access to Item 3 of the scope of your request in accordance with section 24A of the
FOI Act.
In reaching my decision, I considered the following:
• your correspondence of 25 November 2024 outlining the scope of your request
• the nature and content of the documents within the scope of your request
• consultation with relevant NDIA staff
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI Act.
Reasons for decision
Section 24A – Requests may be refused if documents cannot be found, do not exist or have
not been received
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Section 24A of the FOI Act provides that an agency may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the agency is
satisfied that the document cannot be found or does not exist.
The FOI Guidelines, at paragraph 3.85, provide that there are two elements that must be
established before an agency or minister can refuse a request for access to a document
under s 24A:
• the agency or minister must have taken all reasonable steps to find the document, and
• the agency or minister is satisfied that the document cannot be found or does not exist.
The Frontline Capability Team, who manage Disability Snapshots and related documents,
have searched for documents relevant to Item 3 of your request, and have advised that the
NDIA is not in possession of documents matching this part of the scope of your request.
Disability Snapshot documents currently only capture one genetic disorder, which is a
condition found on List B. As such, this means that the NDIA does not currently have any
unlisted genetic disorders on our Disability Snapshots, or related documents.
I am satisfied that all reasonable steps have been taken to locate the documents you have
requested for Item 3 of the scope of your request, and that the documents do not exist. I
have, therefore, decided to refuse access to this part of your request in accordance with
section 24A(1)(b)(i ) of the FOI Act.
Release of documents
The documents for release are enclosed.
Rights of review
As mentioned above under the
Time limit heading, your rights to seek a review of my
decision, or lodge a complaint, are set out at
Attachment B.
If you have any questions about this matter, please contact me by email
at xxx@xxxx.xxx.xx.
Yours sincerely
Carolyn (CJW205)
Senior FOI Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-1210
Document
Page
Description
Access Decision
number
number
1
1
Speech and Language Delays/Disorders
FULL ACCESS
Not Dated
2
2-55
Applying to the NDIS Operational
FULL ACCESS
Guideline Last Updated: 14 October 2024
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Attachment B
Your review rights
As this matter was a deemed refusal, internal review of this decision is not an option.
However, if you have concern with any aspect of this decision, please contact the NDIA FOI
team by email
xxx@xxxx.xxx.xx or by post:
Freedom of Information Section
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act 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 cal 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 wil 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 cal 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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