Our reference: FOI 24/25-1490 (LEXID 62901)
GPO Box 700
Canberra ACT 2601
1800 800 110
17 April 2025
ndis.gov.au
Me
Right to Know
By email: foi+request-12893-f xxxxxx@xxxxxxxxxxx.xxx.xx
Dear Me
Freedom of Information request - Notification of Decision
Thank you for your correspondence of 7 March 2025, requesting 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 notify you of my decision on your application.
Scope of your request
You have requested access to the following documents:
“…I request:
1. ART Case Management Guide (CMG) on Supportable impairments, final version (see
FOI 24/25-0142) 2. ART CMG on Chronic Health Conditions, final version (see FOI
24/25-0142) 3. CMG on Behaviour Supports, current draft (or final if now finalised) (see
FOI 24/25-0142) 4. ART CMG on Assistive Technology Low Cost / Consumables, final
version (see FOI 24/25-0142) 5. ART CMG on Model Litigant Obligations, final version
(see FOI 24/25-0142) 6. ART CMG on Access to the NDIS, final version (see FOI 24/25-
0142)…”
Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory period for processing
your request commenced from 10 February 2025. The processing period can be extended in
a number of ways, including with your agreement. On 13 March 2025, your agreement was
sought to a 30-day extension of time under section 15AA of the FOI Act. On 14 March 2025,
you declined our request for an extension, therefore the original due date stands.
This 30-day period expired on 7 April 2025 and as a result we are deemed to have refused
your request under section 15AC of the FOI Act. Despite this, I have continued to process
your application. I apologise for the delay and confirm your right to seek external review of
this decision.
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Search efforts
The NDIA’s Administrative Review Tribunal team conducted a search and provided six (6)
documents that were relevant to your scope.
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 six (6) documents which fall within the scope of your request.
I have decided to grant you access to one (1) document in full.
In reaching my decision, I took the following into account:
· the FOI Guidelines published under section 93A of the FOI Act
· consultation with relevant NDIA staff
· that similar natured documents are published on the NDIA’s web page
Five (5) of the documents falling within the scope of your request have previously been
released under FOI 24/25-0753 and FOI 24/25-0759. These documents include:
• Case Management Guide - Supportable Impairments
• AAT Case Management Guide – Access for Chronic Health Conditions
• Case Management Guide – Assistive Technology (AT): Low Cost-
Consumables
• Case Management Guide – Model Litigant Obligations
• Case Management Guide – Access to the NDIS
These documents are publicly available on the NDIA ‘s Disclosure
Log NDIS FOI Disclosure
log. For your convenience, I have also attached copies of these documents from the
Disclosure Log.
Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
attached.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment B.
If you have any enquiries about this matter, please contact me by email at
xxx@xxxx.xxx.xx.
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Yours sincerely
Lia (LML799)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-1490
Document
Page
Description
Access Decision
Comments
number
number
1
1-4
Administrative Review Tribunal –
FULL ACCESS
Case Management Guide –
Behaviour Supports
Date: 28 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 concerns about 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 also 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 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 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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