FOI 24.25 1568 Decision Notice of Decision.pdf

Our reference: FOI 24/25-1568
GPO Box 700
Canberra   ACT   2601
1800 800 110
12 June 2025
ndis.gov.au
Francis Markham
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Francis Markham
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 21 March 2025, 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 fol owing documents:
The current version of al  manuals, guidelines, frameworks, or similar instructional
documents used by NDIS staff or contractors to classify recipients' primary disability
group names (NDISDsbltyGrpNm) and their diagnosis classifications (ICDDsbltyNm). I
would also like a copy of the training materials provided to staff responsible for making
these classification determinations.
I do not require draft versions or duplicate copies of these documents. Additionally, I do
not need staff member names or contact details to be included in the materials provided.
Timeframe
A 30-day statutory period for processing your request commenced from 21 March 2025 in
accordance with section 15(5)(b) of the FOI Act.  On 25 March 2025, you agreed to a 30-day
extension of time in accordance with section 15AA of the FOI Act, making the due date for a
decision on access 20 May 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. Further information
about this is outlined at Attachment B to this letter.
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.
In consultation with relevant line areas, 3 documents have been identified as falling within
the scope of your request, specifically relating to manuals and guidelines etc.
These documents were identified by the Scheme Eligibility 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 these 3 documents in full.
I have decided to refuse access to the part of your request relating to training materials in
accordance with section 24A of the FOI Act.
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
•  consultation with relevant NDIA staff
•  the NDIA’s operating environment and functions.
Reasons for decision
Refuse a request for access (section 24A)
Section 24A of the FOI Act provides 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.
The FOI Guidelines, at paragraph 3.85, provide that there are two elements that must be
established before an agency or minister can refuse a request for access to a document
under s 24A:
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•  the agency or minister must have taken all reasonable steps to find the document, and
•  the agency or minister is satisfied that the document cannot be found or does not exist.
Scheme Eligibility Branch, Frontline Capability Branch and Technology Services Division
have conducted searches of the NDIA’s documents management systems for documents
matching the training materials you have requested access to. These searches have
revealed that the NDIA is not in possession of documents matching the scope of your
request. This is because facilitated training materials, and content delivered by eLearning,
do not reference or cover diagnosis classifications.
I am satisfied that all reasonable steps have been taken to locate the documents you have
requested and that the documents do not exist. I have therefore decided to refuse access to
this part of your request in accordance with section 24A(1)(b)(i ) of the FOI Act.
Release of documents
The documents for release, as referred to in the Schedule of Documents at Attachment A,
are 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

Carolyn (CJW205)
Senior FOI Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-1568

Document
Page
Description
Access Decision
number
number
1
1-46
Access and Eligibility Reassessment (ER) Practice Guide - NDIS Amendment Act
FULL ACCESS
2024

Date: 19 September 2024
2
47
Description of Impairment Categories
FULL ACCESS

Undated
3
48-52
Impairments Categories Guide
FULL ACCESS

Undated

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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 cal  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 cal 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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