Our reference: FOI 24/25-1472 (LEXD 62798)
OAIC reference: MR25/00665
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
14 May 2025
Me
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Me
Freedom of Information request — Notice of revised decision under section 55G of
the Freedom of Information Act 1982
Thank you for your correspondence of 6 March 2025, 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 revised decision on your request.
Scope of your request
You have requested access to the fol owing documents:
“…I request a copy of all documents that:
1. Contain current advice or guidance or similar on the definition of ‘permanent’ (as
used in the Act), and
2. Are not publicly available, and
3. Are not advice et al to a specific individual (for example, an email in response to a
question is not included; a reference document in Teams is, even if the reference
document is not a formal SOP).
Where a document is in scope the request is for the whole document, not just the portion
relating to impairment
I agree to the exclusion of non-SES details and applicant/participant personal
information…”
On 16 April 2025, after a 24AB request consultation process, you confirmed via email to the
following revised scope:
“…I request a copy of all documents that:
1. Contain current advice or guidance or similar on the definition of ‘permanent’ (as
used in the Act), and
2. Are not publicly available, and
1
3. Are not advice et al to a specific individual (for example, an email in response to a
question is not included; a reference document in Teams is, even if the reference
document is not a formal SOP).
4. The document is a work instruction, or
5. The document is a SOP, or
6. The document instructs staff how to use or apply the word ‘permanent’ from the
Act.
Where a document is in scope the request is for the whole document, not just the portion
relating to impairment
I agree to the exclusion of non-SES details and applicant/participant personal
information…”
Processing period
The original due date for our access decision on your FOI request was 5 April 2025. We
have been experiencing processing delays and were not able to provide you with our
decision by the due date. Consequently, your application was regarded as a deemed refusal
under section 15AC of the FOI Act. We sincerely apologise for this.
We note that you have now applied to the Office of the Australian Information Commissioner
(OAIC) for a review by the Information Commissioner (IC) of our deemed refusal.
Revised decision under section 55G
Section 55G(1)(a) of the FOI Act provides that at any time during an IC review, an Agency
may vary an access refusal decision in favour of the applicant by giving access to
documents in accordance with the request (revised decision).
Section 55G(2) provides that an Agency must notify the IC of the revised decision, and that
decision becomes the decision under review.
Searches conducted
Searches were conducted by the following business areas for documents relevant to the
scope of your FOI request:
• Service Guidance
• Frontline Capability
• Scheme Eligibility
As a result of these searches, eleven (11) documents were located, these searches were
undertaken between 27 March and 23 April 2025 and were overseen by senior staff.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act, including revised
decisions under s55G of that Act. My revised decision on your request and the reasons for
my decision are set out below.
I have decided to:
• Grant access in full to 6 documents
2
• Grant access in part to 5 documents in accordance with section 22 –
Access to
edited copies with exempt or irrelevant matter deleted
• Remove irrelevant material in accordance with section 22 of the FOI Act
Section 22 – Access to edited copies with exempt or irrelevant material deleted
Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a
document where the agency has decided to refuse access to an exempt document or that to
give access to a document would disclose information that would reasonably be regarded as
irrelevant to the request for access.
As per the scope of your request, you agreed to the exclusion of non-SES details, the
information I have found irrelevant to your request are internal email addresses, which has
been removed pursuant to section 22 of the FOI Act and the documents released to you in
material form.
In reaching my decision, I took the fol owing into account:
• your correspondence from 6 March 2025 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
• the notice of IC review
• consultation with relevant NDIA staff
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are enclosed.
In accordance with section 55G(2) of the FOI Act, I wil be providing the IC with a copy of this
revised decision.
If you determine that you are satisfied with this revised decision and do not require this
decision to be reviewed further by the IC, please let the Agency and the OAIC know.
If you would like clarification on any aspect of my decision, please do not hesitate to contact
me by email
at xxx@xxxx.xxx.xx.
Yours sincerely
Patrick (PHO293)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
3
Attachment A
Schedule of Documents for FOI 24/25-1472 | MR25/00665
Document
Page
Description
Access Decision
Comments
number
number
1
1-53
Operational Guidelines – Applying
FULL ACCESS
to the NDIS – Version 10.0
Date: 10 December 2024
2
54-99
Practice Guide – Access and ER –
PARTIAL ACCESS
Irrelevant material removed
NDIS Amendment Act 2024
Exemption claimed:
under section 22 of the FOI
s22 – Irrelevant material
Act
Date: 19 September 2024
3
100-146
Practice Guide – Access and ER –
PARTIAL ACCESS
Irrelevant material removed
Version 2.0
Exemption claimed:
under section 22 of the FOI
s22 – Irrelevant material
Act
Date: 16 February 2023
4
147-161
Case Study 1 – 24.1.b
FULL ACCESS
Date: Not Available
5
162-168
Case Study 2 – 24.1.b
FULL ACCESS
Date: Not Available
6
169-175
Case Study 3 – 24.1.b
FULL ACCESS
Date: Not Available
1
Document Page
Description
Access Decision
Comments
number
number
7
176-276
PowerPoint – Overview of access
FULL ACCESS
decision making – Version 1.0
Date: Not Available
8
277-295
PowerPoint – Recap of the
PARTIAL ACCESS
Irrelevant material removed
disability and Early Intervention
Exemption claimed:
under section 22 of the FOI
Requirements
s22 – Irrelevant material
Act
Date: 31 August 2022
9
296-323
PowerPoint - National Access QDO
PARTIAL ACCESS
Irrelevant material removed
& AA - Technical Meetings -
Exemption claimed:
under section 22 of the FOI
Section 24(1)(b)
s22 – Irrelevant material
Act
Date: Not Available
10
324
s24(1)(b) Presentation Guide
PARTIAL ACCESS
Irrelevant material removed
Exemption claimed:
under section 22 of the FOI
Date: Not Available
s22 – Irrelevant material
Act
11
325-362
PowerPoint - s24(1)(b) – Version
FULL ACCESS
1.0
Date: Not Available
5
