Our reference: FOI 24/25-1473
OAIC reference: MR25/00666
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
5 June 2025
Me
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 7 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 would like a copy of all guidance and/or reference documents that would be
available to me if I were an NDIA employee assessing an application to become an
NDIS participant, excluding publicly available documents.
I agree to the exclusion of non-SES contact details and applicant/participant personal
information…”
On 30 April 2025 you agreed to the following revised scope:
“A copy of all current instructions used by an access assessor in the
Scheme Eligibility Branch that they would use in assessing an application
to become an NDIS participant. Excluding publicly available documents.”
Processing period
The original due date for our access decision on your FOI request was 6 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).
1
Section 55G(2) provides that an Agency must notify the IC of the revised decision, and that
decision becomes the decision under review.
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 identified 71 documents, which fall within the scope of your request.
These documents were identified by conducting 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 been advised by the Scheme Eligibility Branch that documents referenced within
documents 1 and 2 do not fall within the scope of your request. They are documents that
outline how to process a decision in PACE and do not support a delegate in making an
assessment on applications to become a participant.
I have decided to:
• grant access to 61 documents in full
• grant access to 10 documents in part
In reaching my decision, I took the fol owing 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
• the notice of IC review
• relevant case law concerning the operation of the FOI Act
• consultation with relevant NDIA staff
• factors relevant to my assessment of whether or not disclosure would be in the public
interest
• the NDIA’s operating environment and functions.
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.
I have identified exempt material in 10 documents. In accordance with section 22 of the FOI
Act, I have considered whether it is possible to delete the exempt 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 material removed.
Reasons for decision
Personal privacy (section 47F)
Section 47F(1) of the FOI Act states:
A document is conditionally exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a
deceased person).
2
The FOI Act shares the same definition of ‘personal information’ as the
Privacy Act 1988
(Cth). Paragraph 6.123 of the FOI Guidelines provide that:
Personal information means information or an opinion about an identified individual,
or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in material form or not.
Documents relevant to the scope of your request contain personal information of individuals,
this being surnames of non-SES staff.
In my assessment of whether the disclosure of this personal information is unreasonable, I
have considered the following factors in accordance with section 47F(2) of the FOI Act:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the document;
(c) the availability of the information from publicly accessible sources; and
(d) the affect the release of the personal information could reasonably have on the
third party.
I found that the specific personal information contained within the documents:
• is not well known
• is in relation to individuals that are not known to be or have been associated with the
matters dealt with in the documents
• is not available from publicly available sources
• would have a negative effect on the individuals if released
Accordingly, I am satisfied that the documents are conditional y exempt under section 47F of
the FOI Act.
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act states:
A document is a conditionally exempt if its disclosure under this act would, or could
reasonably be expected to, do any of the following:
(d) have a substantial adverse effect on the proper and efficient conduct of
the operations of an agency.
The FOI Guidelines, at paragraph 6.115, states:
The predicted effect must bear on the agency’s ‘proper and efficient’ operations, that
is, the agency is undertaking its operations in an expected manner.
The documents within the scope of your request contain various internal email addresses for
the NDIA and Department of Social Services which are not publicly available. These internal
email addresses allow agency staff to identify and communicate with other areas of the
agency and are therefore vital to the proper and efficient conduct of the NDIA’s operations.
I am satisfied that disclosure of this information would result in a reasonable likelihood that
aggrieved members of the public would utilise them to circumvent appropriate, publicly
available points of contact with the agency. If this were to occur, it would affect the NDIA’s
3
ability to address grievances and complaints in a structured and efficient manner. Such an
outcome would be both substantial and adverse.
Accordingly, I consider the release of this information would reasonably have a substantial
adverse effect on the proper and efficient conduct of the agency and is exempt under 47E(d)
of the FOI Act.
Public interest considerations – Section 47E and 47F
Section 11A(5) of the FOI Act states:
The agency or Minister must give the person access to the document if it is
conditionally exempt at a particular time unless (in the circumstances) access to the
document at that time would, on balance, be contrary to the public interest.
Irrelevant factors
I have examined the irrelevant factors in section 11B(4) of the FOI Act and I am satisfied I
have not taken into account any irrelevant factors in reaching my decision.
Factors favouring disclosure
I have considered the factors favouring disclosure as set out in section 11B(3) of the FOI
Act. The relevant factors being whether access to the document would:
(a) promote the objects of this Act (including all the matters set out in section 3 and
3A);
(b) inform debate on a matter of public importance;
(c) promote effective oversight of public expenditure
In favour of disclosure, I have considered these factors and have determined that disclosure
of the information in the documents would promote the objects of the FOI Act (including all
matters set out in sections 3 and 3A).
This is because providing access to documents held by the NDIA allows for increased
scrutiny, discussion, comment, and review of government held information.
I have therefore decided to afford significant weight to this factor in favouring disclosure of
the document to you.
Factors weighing against disclosure
The FOI Act does not list any factors weighing against disclosure. These factors wil depend
on the circumstances. However, the inclusion of the exemptions and conditional exemptions
in the FOI Act recognises that harm may result from the disclosure of some types of
documents in certain circumstances.
Paragraph 6.233 of the FOI guidelines provides a non-exhaustive list of public interest
factors against disclosure. The factors I find relevant to this request are that release of this
information could reasonably be expected to:
• affect an individual’s right to privacy by having their personal information in the
public domain
• prejudice the ability of the Agency to protect established contact points
While I accept that there is a public interest in allowing scrutiny, discussion, comment and
review of information held by the NDIA, there is also a strong public interest in maintaining
an individual’s right to privacy and ensuring proper and effective communication within the
agency.
4
On balance
I am satisfied, based on the above, the public interest factors against disclosure outweigh
the factors for disclosure, and that, on balance, it is against the public interest to release the
information to you. Accordingly, I find that the information is exempt under sections 47F and
47E(d) of the FOI Act.
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
5
Attachment A
Schedule of Documents for FOI 24/25-1473 | MR25/00666
Document
Page
Description
Access Decision
number
number
1
1-46
Access and ER Practice Guide NDIS Amendment Act 2024
PARTIAL ACCESS
Exemptions claimed:
Date: 02 October 2024
s47E(d) – certain operations of agencies
2
47-93
Access and ER Practice Guide -Version 2.0 - Approved
PARTIAL ACCESS
Exemptions claimed:
Date: 16 February 2023
s47E(d) – certain operations of agencies
3
94-102
Knowledge Article – Applicant - record disability conditions and
FULL ACCESS
impairments – Version 6.0 - Approved
Date: 26 September 2024
4
103-111
Knowledge Article – Applicant consent to apply – Version 2.0
FULL ACCESS
Date: 19 September 2024
5
112-120
Knowledge Article – Applicant consent to collect information –
FULL ACCESS
Version 2.0 - Approved
Date: 17 November 2023
6
121-129
Knowledge Article – Applicant consent to share information –
FULL ACCESS
Version 3.0 - Approved
Date: 18 January 2024
7
130-145
Knowledge Article – Check access request is complete –
PARTIAL ACCESS
Version 3.0 - Approved
Exemptions claimed:
s47F – personal privacy
Date: 20 November 2024
6
Document Page
Description
Access Decision
number
number
8
146-152
Knowledge Article – Check decision – Legislative timeframes –
FULL ACCESS
Version 2.0 - Approved
Date: 21 November 2023
9
153-159
Knowledge Article – Check eligibility – age and residence
FULL ACCESS
requirements – Version 3.0 -Approved
Date: 23 September 2024
10
160-166
Knowledge Article – Check eligibility - DIS – disability caused
FULL ACCESS
by an impairment – Version 4.0 - Approved
Date: 23 September 2024
11
167-173
Knowledge Article – Check eligibility – DIS – likely permanence
FULL ACCESS
– Version 5.0 - Approved
Date: 23 September 2024
12
174-180
Knowledge Article – Check eligibility – DIS – NDIS supports for
FULL ACCESS
life – Version 3.0 - APPROVED
Date: 29 August 2024
13
181-187
Knowledge Article – Check eligibility – DIS – significant
FULL ACCESS
functional impact – Version 4.0 -APPROVED
Date: 23 September 2024
14
188-195
Knowledge Article – Check eligibility – DIS – social and
FULL ACCESS
economic impact – Version 4.0 - Approved
Date: 23 September 2024
7
Document Page
Description
Access Decision
number
number
15
196-202
Knowledge Article – Check eligibility - EI - Developmental delay
FULL ACCESS
– Version 4.0 - Approved
Date: 29 August 2024
16
203-211
Knowledge Article – Check eligibility - EI - hearing loss 0-25
FULL ACCESS
years of age – Version 3.0 - Approved
Date: 23 September 2024
17
212-218
Knowledge Article – Check eligibility – EI – Impairment is likely
FULL ACCESS
permanent - Version 3.0 - Approved
Date: 23 September 2024
18
219-225
Knowledge Article – Check eligibility – EI – likely to improve or
FULL ACCESS
reduce deterioration of functional capacity or strengthen
informal supports – Version 3.0 - Approved
Date: 23 September 2024
19
226-232
Knowledge Article – Check eligibility – EI – likely to reduce future
FULL ACCESS
support needs – Version 3.0 - Approved
Date: 23 September 2024
20
233-239
Knowledge Article – Check eligibility - EI - Supports will be NDIS
FULL ACCESS
supports – Version 3.0 - Approved
Date: 29 August 2024
21
240-247
Knowledge Article – Check eligibility - List A condition –
FULL ACCESS
Version 3.0 - Approved
Date: 29 August 2024
8
Document Page
Description
Access Decision
number
number
22
248-255
Knowledge Article – Check eligibility - List B condition –
FULL ACCESS
Version 3.0 - Approved
Date: 17 February 2025
23
256-263
Knowledge Article – Check eligibility - List D condition –
FULL ACCESS
Version 3.0 - Approved
Date: 29 August 2024
24
264-273
Knowledge Article – Check eligibility – Terminal illness –
FULL ACCESS
Version 7.0 - Approved
Date: 23 September 2024
25
274-281
Knowledge Article – Check for compensation when recording
FULL ACCESS
disabilities – Version 4.0 - Approved
Date: 26 September 2024
26
282-288
Knowledge Article – Check for Degenerative Disabilities –
FULL ACCESS
Version 2.0 - Approved
Date: 21 June 2023
27
289-295
Knowledge Article – Check treating professional details –
FULL ACCESS
Version 2.0 - Approved
Date: 17 November 2023
28
296-311
Knowledge Article – Complete a streaming case (Streaming and
FULL ACCESS
Restreaming) – Version 8.0 - Approved
Date: 22 July 2024
9
Document Page
Description
Access Decision
number
number
29
312-327
Knowledge Article – Complete pre-assessment for an access
PARTIAL ACCESS
decision – Version 6.0 - Approved
Exemptions claimed:
s47F – personal privacy
Date: 28 October 2024
30
328-336
Knowledge Article – Completing the Personal Environmental
PARTIAL ACCESS
Circumstances case - Version 6.0 - Approved
Exemptions claimed:
s47F – personal privacy
Date: 04 July 2023
31
337-344
Knowledge Article – Consent to act on applicant behalf –
FULL ACCESS
Version 2.0 - Approved
Date: 21 November 2023
32
345-353
Knowledge Article – Consent to use Centrelink information –
FULL ACCESS
Version 3.0 - Approved
Date: 14 December 2023
33
354-365
Knowledge Article – Consent to use document verification
FULL ACCESS
service – Version 3.0 - Approved
Date: 19 September 2024
34
366-368
Knowledge Article – Consider a request for personal
FULL ACCESS
information – Version 3.0 - Approved
Date: 26 September 2024
35
369-377
Knowledge Article – Consider priority eligibility decision -
FULL ACCESS
Version 5.0 - Approved
Date: 23 September 2024
10
Document Page
Description
Access Decision
number
number
36
378-390
Knowledge Article – Contact to advise outcome of access
FULL ACCESS
decision – Version 4.0 - Approved
Date: 25 September 2024
37
391-400
Knowledge Article – Contact to request further information for
FULL ACCESS
an access decision – Version 1.0 – Approved
Date: 07 August 2024
38
401-412
Knowledge Article – Decide whether to vary the participant’s
FULL ACCESS
Notice of impairments - Version 3.0 - Approved
Date: 06 March 2025
39
413-418
Knowledge Article – Descriptions of impairment categories –
FULL ACCESS
Version 1.0 - Approved
Date: 10 October 2024
40
419-430
Knowledge Article – Escalate application integrity issue -
PARTIAL ACCESS
Version 2.0 - Approved
Exemptions claimed:
s47E(d) – certain operations of agencies
Date: 25 September 2023
41
431-442
Knowledge Article – Impairment categories guide – Version 1.0 -
FULL ACCESS
Approved
Date: 10 October 2024
42
443-465
Knowledge Article – Make an access decision - post legislation
PARTIAL ACCESS
changes – Version 11.0
Exemptions claimed:
s47E(d) – certain operations of agencies
Date: 14 February 2025
11
Document Page
Description
Access Decision
number
number
43
466-483
Knowledge Article – Make an access decision - pre-legislation
PARTIAL ACCESS
changes – Version 7.0 - Approved
Exemptions claimed:
s47E(d) – certain operations of agencies
Date: 20 November 2024
44
484-490
Knowledge Article – Record treating professional details -
FULL ACCESS
Version 2.0 - Approved
Date: 17 November 2023
45
491-502
Knowledge Article – Request further evidence for incomplete
FULL ACCESS
access request – Version 2.0 -Approved
Date: 20 November 2024
46
503-516
Knowledge Article – Return incomplete Access Request case –
PARTIAL ACCESS
Version 1.0
Exemptions claimed:
s47F – personal privacy
Date: 30 September 2024
47
517-526
Knowledge Article – Set up Centrelink login – Version 1.0 -
PARTIAL ACCESS
Approved
Exemptions claimed:
s47E(d) – certain operations of agencies
Date: 21 November 2023
48
527-536
Knowledge Article – Submit an application to vary the
FULL ACCESS
participant’s Notice of impairments – Version 5.0 - Approved
Date: 06 March 2025
49
537-545
Knowledge Article – Templates for requesting further
FULL ACCESS
information – Post-legislation changes – Version 1.0 - Approved
Date: 25 September 2024
12
Document Page
Description
Access Decision
number
number
50
546-553
Knowledge Article – Templates for requesting further
FULL ACCESS
information - Pre-legislation changes – Version 2.0 -Approved
Date: 25 September 2024
51
554-562
Knowledge Article – Understand age and residence evidence –
FULL ACCESS
Version 2.0 - Approved
Date: 17 November 2023
52
563-572
Knowledge Article – Understand consent requirements –
FULL ACCESS
Version 2.0 - Approved
Date: 19 September 2024
53
573-581
Knowledge Article – Understand disability requirements –
FULL ACCESS
Version 2.0 - Approved
Date: 29 August 2024
54
582-589
Knowledge Article – Understand early intervention
FULL ACCESS
requirements – Version 2.0 – Approved
Date: 29 August 2024
55
590-596
Knowledge Article – Understand NDIS applicant requirements –
FULL ACCESS
Version 1.0 - Approved
Date: 07 July 2023
56
597-600
Knowledge Article – Upload requested evidence for a new
FULL ACCESS
applicant – Version 8.0 - Approved
Date: 28 February 2025
13
Document Page
Description
Access Decision
number
number
57
601-620
Knowledge Article – Verify age and residence with Centrelink
FULL ACCESS
information - Version 1.0 - Approved
Date: 13 October 2023
58
621-630
Knowledge Article – What evidence of disability is required –
FULL ACCESS
Version 6.0 - Approved
Date: 10 December 2024
59
631-634
Knowledge Article – When to withdraw an access application –
FULL ACCESS
Version 6.0 - Approved
Date: 20 November 2024
60
635-643
Knowledge Article – Understand palliative care – Version 3.0 –
FULL ACCESS
Approved
Date: 26 September 2024
61
644-654
Knowledge Article – Understand how to verify identity
FULL ACCESS
documents – Version 5.0 - Approved
Date: 02 December 2024
62
655-662
Knowledge Article – Understand the Document Verification
FULL ACCESS
Service – Version 3.0 – Approved
Date: 15 December 2023
63
663-669
Knowledge Article – Record assistive technology information –
FULL ACCESS
Version 3.0 - Approved
Date: 21 June 2023
14
Document Page
Description
Access Decision
number
number
64
670-678
Knowledge Article – Record carers information – Version 3.0 -
FULL ACCESS
Approved
Date: 21 June 2023
65
679-686
Knowledge Article – Record employment and training
FULL ACCESS
information – Version 4.0 - Approved
Date: 23 November 2023
66
687-693
Knowledge Article – Record equipment and consumables
FULL ACCESS
information – Version 2.0 - Approved
Date: 21 June 2023
67
694-700
Knowledge Article – Record Housing information – Version 5.0 -
FULL ACCESS
Approved
Date: 16 June 2023
68
701-707
Knowledge Article – Record information - daily support –
FULL ACCESS
Version 4.0 - Approved
Date: 21 June 2023
69
708-714
Knowledge Article – Record information for Capacity Building –
FULL ACCESS
Version 6.0 - Approved
Date: 14 December 2023
70
715-721
Knowledge Article – Record support coordination information –
FULL ACCESS
Version 3.0 - Approved
Date: 21 June 2023
15
Document Page
Description
Access Decision
number
number
71
722-729
Knowledge Article – Understand functional capacity
FULL ACCESS
assessments - Version 4.0 - Approved
Date: 16 June 2023
16
