Our reference: FOI 24/25-0929
GPO Box 700
Canberra ACT 2601
1800 800 110
9 May 2025
ndis.gov.au
Cat
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Cat
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 10 December 2024, seeking access under the
Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability
Insurance Agency (NDIA).
I apologise for the delay in processing your request.
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. Policies, draft policies, technical advice and/or expert reports defining the "evidentiary
standards required to be classified as a 'therapy' under the definition of NDIS supports."
2. Triggers and/or threshold criteria for referring therapies, assistive technology, non-
NDIS supports or other items/services to the Evidence Advisory Committee for review
(e.g. as a potential addition to list of NDIS supports or list of eligible replacement
supports).
3. Criteria to be met for addition to list of NDIS supports or list of eligible replacement
supports following review by the Evidence Advisory Committee."
Timeframe
A 30-day statutory period for processing your request commenced from 11 December 2024
in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access
was 9 January 2025
. I note this time has lapsed and as a result we are deemed to have
refused your request under section 15AC of the FOI Act.
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Despite this, I have continued to process your application. I apologise for the delay and
confirm that you retain your right to seek external review of this decision.
Points 1 & 2 of your request
Regarding points 2 and 3 of your request, I have consulted with Service Guidance Branch
and Policy and Practice Branch who have both advised that no documentation exists for
these points.
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 Service Guidance Branch who conducted 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 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
consultation with relevant NDIA staff
the NDIA’s operating environment and functions.
National Disability Insurance Scheme (NDIS) Evidence Advisory Committee (EAC)
The EAC was established by the Australian Government. It will give independent expert
advice to government on the suitability of supports for funding under the NDIS. The EAC will
be set up by July 2025 and meet several times each year. The Department of Social
Services (DSS) will support the EAC and a cross-agency steering committee to develop a
work plan each year.
I would encourage you to consider submitting any future requests to DSS for any documents
related to the EAC that would be held by this department.
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Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
enclosed.
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
Kate (KIM627)
A/Assistant Director – Freedom of Information
Non Personals Team
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-0929
Document
Page
Description
Access Decision
number
number
1 1-24
OG Therapy Supports (Draft)
FULL ACCESS
Date: 2 December 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
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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