Our reference: FOI 24/25-1662
GPO Box 700
Canberra ACT 2601
1800 800 110
24 June 2025
ndis.gov.au
Emily Lacey
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Emily Lacey
Freedom of Information request - Notification of Decision
Thank you for your correspondence of 2 April 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:
“… A list of Administrative Review Branch "Case Management Guide” document
titles/details were released under FOI 24/25-0142. I am requesting a copy of the
following documents from that list:
1. (Please provide the document in full, including any tracked changes or comments
on the draft. If this draft copy of the document has been finalised, please provided
that finalised version) –
Document title: Case Management Guide: Restrictive Practices
File name: NDIA-ARB-GDE-013-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
2. (Please provide the document in full) –
Document title: AAT Case Management Guide: Restrictive Practices
File name: NDIA-AAT CM-GDE-013-OBSOLETE
Date Created: January 2023
Date Published: January 2023
Date Archived: 17 September 2024
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Status: OBSOLETE
3. (Please provide the document in full, including any tracked changes or comments
on the draft. If this draft copy of the document has been finalised, please provided
that finalised version) –
Document title: Case Management Guide: Critical Incidents
File name: NDIA-ARB-GDE-034-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
4. (Please provide the document in full, including any tracked changes or comments
on the draft. If this draft copy of the document has been finalised, please provided
that finalised version) –
Document title: Case Management Guide: Behaviour Supports
File name: NDIA-ARB-GDE-012-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
5. (Please provide the document in full) –
Document title: AAT Case Management Guide: Behaviour Supports
File name: NDIA-AAT CM-GDE-012-OBSOLETE
Date Created: January 2023
Date Published: January 2023
Date Archived: 17 September 2024
Status: OBSOLETE...”
Processing timeframe
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory period for processing
your request commenced from 3 April 2025. The due date for a decision on access was 2
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. I sincerely apologise for the delay and confirm
that you retain your right to seek external review of this decision.
Disclosure Log documents provided
On 20 June 2025, I provided you with documents falling within scope of Parts 3, 4 and 5 of
your request. These documents had previously been released in the context of Freedom of
Information requests FOI 24/25-1362 and FOI 24/25-1490 and were listed on the NDIA’s
disclosure log.
For the purposes of this decision, I am not considering those documents.
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Search efforts
Relevant staff from NDIA’s Administrative Review Tribunal team conducted searches and
identified two (2) documents falling within the scope of Parts 1 and 2 of your request.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided to grant access to two (2) documents in full.
In reaching my decision, I took the following into account:
• your correspondence on 2 April, 10 June and 19 June 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 and
• factors relevant to my assessment of whether or not disclosure would be in the public
interest.
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
Helen (HIL533) Assistant Director
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-1662
Document
Page
Description
Access Decision
number
number
Case Management Guide – Restrictive Practices (Final)
FULL ACCESS
1
1-5
Date: 20 March 2025
AAT Case Management Guide – Restrictive Practices (Obsolete)
FULL ACCESS
2
6-9
Date: 4 January 2023
.
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Attachment B
Your review rights
Internal Review
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
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 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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