Our reference: FOI 24/25-0830
GPO Box 700
Canberra ACT 2601
1800 800 110
2 May 2025
ndis.gov.au
Elias
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Elias
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 27 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.
Scope of your request
You have requested access to the following documents:
“All published and draft internal policies, knowledge articles, standard operating
procedures, checklists, forms, templates, or other internal guidance pertaining to:
1. Identifying participants for ‘eligibility reassessment’
2. Conducting an ‘eligibility reassessment’
3. Finalising an ‘eligibility reassessment’
4. Internal review of an ‘eligibility reassessment’ decision
5. External review of an ‘eligibility reassessment’ decision
6. Reinstating a participant after an ‘eligibility reassessment’ decision is overturned on
appeal
7. Assessing and deciding whether a participant who was previously removed as a result
of an ‘eligibility reassessment’ is eligible for NDIS upon receiving a new access request
Please include all identified documents in full, I consider all parts of a document to be
relevant. This also includes the 'version control' information for every document.”
Timeframe
The FOI Act provides 30 calendar days for the processing of an FOI request after it is
received. As your valid FOI request was received on 27 November 2024, the original due
date for your FOI request was 27 December 2024.
I acknowledge that this time has lapsed and as a result we are deemed to have refused your
request under section 15AC of the FOI Act. The effect of this is that you do not have a right
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seek an internal review of my decision. However, I confirm that you retain your right to seek
external review by the Office of the Australian Information Commissioner (OAIC).
I note that despite this, I have continued processing your request and I extend my apologies
for the delay in providing you with a decision on access.
Request Consultation
On 22 January 2025, the FOI team, initiated a formal request consultation process under
section 24AB of the FOI Act and provided you with a letter for your consideration and action.
In our letter we advised you that we intended to refuse access to your request on the
grounds that processing your request would unreasonably and substantially divert the
Agency’s resources from its other operations. My letter, which I have attached separately
from this decision notice, detailed the reasons for my view.
However, before I made a final decision, I provided you with an opportunity to revise your
request.1
On 29 January 2025, you revised the scope of your request to the following:
I request the following documents from the NDIA Intranet and PACE:
1. Standard Operating Procedure - Complete the plan reassessment (full)
2. Internal FAQ - Eligibility Reassessment FAQs
3. Knowledge Article - When to refer the participant for an eligibility reassessment
4. Knowledge Article - Complete the eligibility reassessment check
5. Knowledge Article - Finalise eligibility assessment
6. Knowledge Article - Finalise a revocation after an eligibility assessment
7. All other published, current knowledge articles in PACE that have “eligibility
reassessment” or “eligibility assessment” in the title
I also request a search for the following documents held by the NDIA - knowledge
articles, standard operating procedures, or guides pertaining to:
A. Reinstating a participant after an ‘eligibility reassessment’ decision is overturned on
appeal (internal review or external review at the ART)
B. Assessing and deciding whether a participant who was previously removed as a result
of an ‘eligibility reassessment’ is eligible for NDIS upon receiving a new access request
Search efforts
The FOI Guidelines provide that agencies and ministers should undertake a reasonable
search on a flexible and common-sense interpretation of the terms of the request. At a
minimum, an agency is required to have regard to the following in undertaking these
searches:
1 Section 24AB of the FOI Act.
2
the subject matter of the documents
the current and past file management systems
the record management systems in place
the individuals and line areas within an agency or minister’s office who may be able
to assist with the location of documents, and
the age of the documents.
Having regard to these Guidelines, I engaged in search consultations with the following
internal business areas to obtain documents within their possession which may fall within the
scope of your FOI request:
Service Design Branch
Service Delivery Branch
I advise that senior staff in the business area conducted searches for the documents and
have located 22 documents relevant to the scope of your request.
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 22 documents, which fall within the scope of your request, and I have
decided to grant access to 21 of those documents in full, and 1 document in part.
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have identified that Document 22 contains material that is irrelevant to your request. The
irrelevant material relates to names and contact details of NDIA information which is not
relevant to the subject matter of your request.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt and irrelevant material from the documents and have concluded that it is
reasonably practicable to do so. Accordingly, I have prepared an edited copy of the
documents with the exempt and irrelevant material removed.
Additionally, I have decided to refuse access to some information you have requested on the
basis that the documents are non-existent or unlocatable pursuant to section s24A of the
FOI Act.
A detailed statement of reasons for my decision can be found at
Attachment A.
In reaching my decision, I took the following into account:
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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
consultation with relevant NDIA staff
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment B,
are enclosed.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment C.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at xxx@xxxx.xxx.xx.
Yours sincerely
Wendy (WNN633)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Statement of Reasons
FOI Application FOI 24/25-0830
_________________________________________________________________________
Refused information
I have refused
access to the information you requested under section 24A of the FOI Act on
the basis that documents containing such information are unlocatable or do not exist.
Relevant law
Under the FOI Act, a person has a right to be given access to documents of an agency.
However, the right of access is subject to limitations, including grounds for refusal of access.
Section 24A(1) of the FOI Act states 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.
Searches for documents
After reviewing the scope of your FOI application, I identified the need to make enquiries
with the NDIA’s Service Design Branch and Service Delivery Branch for documents relevant
to the scope of your request.
In response to my enquiries, the business areas have informed me, regarding point 2 of the
request, that the NDIA does not hold ‘Internal FAQ - Eligibility Reassessment FAQs’ on the
NDIA Intranet page or PACE website. Alternatively, the business area utilises a shared
internal OneNote containing commonly asked questions for NDIA staff in Eligibility
Reassessment team.
Conclusion
In conclusion, based on the information I received from internal business area; I consider
there are reasonable grounds to be satisfied that documents containing the information you
seek do not exist. I therefore refuse access to the information under section a 24A of the FOI
Act on the basis that the information is does not exist.
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Attachment B
Schedule of Documents for FOI 24/25-0830
Document
Page
Description
Access Decision
Comments
number
number
1 1-12
SOP Complete a plan reassessment (full) v5
FULL ACCESS
Date: 30 June 2022
2 13-21
KA When to refer the participant for an eligibility
FULL ACCESS
reassessment v6
Date: 19 September 2024
3 22-29
KA Review the referral information and complete the
FULL ACCESS
eligibility reassessment check v6
Date: 19 September 2024
4 30-42
KA Finalise eligibility reassessment decision v6
FULL ACCESS
Date: 19 September 2024
5 43-52
KA Finalise a revocation after an eligibility
FULL ACCESS
reassessment v2
Date: 20 February 2025
6 53-60
KA Accept a case from the eligibility reassessment
FULL ACCESS
queue and complete procedural fairness check v1
Date: 31 March 2023
7 61-69
KA Action evidence extension request for eligibility
FULL ACCESS
reassessment case v6
Date: 21 June 2024
1
8 70-82
KA Contact the participant to explain the outcome of
FULL ACCESS
their eligibility reassessment v6.0
Date: 19 September 2024
9 83-92
KA Complete an eligibility reassessment referral v4
FULL ACCESS
Date: 19 September 2024
10 93-99
KA Complete and eligibility reassessment leaving case
FULL ACCESS
v2
Date: 10 October 2023
11 100-108
KA Contact attempts and unable to contact in an
FULL ACCESS
eligibility reassessment case V2.0
Date: 22 August 2024
12 109-116
KA Contact the participant if eligibility changes at the
FULL ACCESS
Eligibility Check stage of an eligibility reassessment
v1.0
Date: 19 September 2024
13 117-126
KA Notify the participant about an eligibility
FULL ACCESS
reassessment V6.0
Date: 6 September 2024
14 127-133
KA Review supporting evidence for an eligibility
FULL ACCESS
reassessment referral V3.0
Date: 22 August 2024
15 134-141
KA Review the referral information and complete the
FULL ACCESS
eligibility reassessment check V6.0
Date: 19 September 2024
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16 142-147
KA Submit the participant’s evidence extension
FULL ACCESS
request for an eligibility reassessment case v1.0
Date: 31 March 2023
17 148-164
KA Understand procedural fairness and eligibility
FULL ACCESS
reassessment requirements V2.0
Date: 7 April 2023
18 165-173
KA Understand the Eligibility Reassessment Hold
FULL ACCESS
Queue V4.0
Date: 22 August 2024
19 174-181
KA Upload evidence to support an eligibility
FULL ACCESS
reassessment (ER) case V6.0
Date: 19 September 2024
20 182-235
Our Guidelines - Applying to the NDIS v9
FULL ACCESS
Date: 7 October 2024
21 236-261
Our Guidelines - Leaving the NDIS v7
FULL ACCESS
Date: 7 October 2024
22 262-271
SOP Process access decision overturn by AAT order
PARTIAL ACCESS Irrelevant material removed
v2.0
under section 22 of the FOI
Act
Date: 27 March 2022
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Attachment C
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
Complaints Management & FOI Branch
General Counsel 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 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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