Our reference: FOI 24/25-1836 (LEXD 302)
OAIC reference: MR25/00959
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
26 August 2025
Perfectly Normal Applicant
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Perfectly Normal Applicant
Freedom of Information request — Notice of revised decision under section 55G of
the Freedom of Information Act 1982
Thank you for your correspondence of 23 April 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 following documents:
“…a copy of all current and in force documents that are not publicly available and relate
to the use of publicly available information (including but not limited to Mayo Clinic) in
making s 24 and s 25 access decisions…”
Processing period
The original due date for our access decision on your FOI request was 23 May 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.
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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.
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. The FOI Act states that, in making a decision on a request,
I must consider the FOI Guidelines issued by the Information Commissioner pursuant to
section 93A of the FOI Act. According to the FOI Guidelines, the FOI Act serves as the
legislative foundation for open government, facilitating and promoting public access to
information. My revised decision on your request and the reasons for my decision are set out
below.
I have identified 9 documents, which fall within the scope of your request.
The documents were identified by consulting with relevant NDIA staff in the Scheme
Eligibility Branch who could be expected to be able to identify documents within the scope of
the request.
I have decided to:
• grant access to one document in full and
• grant access to 8 documents in part.
In reaching my decision, I took the following 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 provisions of the FOI Act including section 3 (general objects of the Act), section 11
(Right of access), section 11A (Access to documents on request) section 22 (Access to
edited copies with exempt or irrelevant matter deleted) and section 55G (Procedure in IC
review—revocation or variation of access refusal decision)
• the FOI Guidelines published under section 93A of the FOI Act
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• the notice of IC review and
• consultation with relevant NDIA staff.
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have identified that Documents 1-6 and 8-9 contain material that is irrelevant to your
request. The documents mentioned above were not created for the dominant purpose of
informing NDIA staff about publicly available information that can be relied on when making
a s24 or s25 access decision.
I have therefore found it appropriate to redact information that is irrelevant to the scope of
your request under section 22 of the FOI Act without diminishing the quality or context of the
information does fall within the scope of your request. Accordingly, I have prepared an edited
copy of the documents with the irrelevant material removed.
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
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Attachment A
Schedule of Documents for FOI 24/25-1836 | MR25/00959
Document
Page
Description
Access Decision
Comments
number
number
1
1
AA OneNote guidance for Foetal Alcohol
PARTIAL ACCESS
Irrelevant material removed
Spectrum Disorder and Foetal Alcohol
under section 22 of the FOI
Syndrome
Act
Undated
2
2-4
AA OneNote guidance for List A
PARTIAL ACCESS
Irrelevant material removed
under section 22 of the FOI
Undated
Act
3
5-6
AA OneNote guidance on Intellectual
PARTIAL ACCESS
Irrelevant material removed
Impairment
under section 22 of the FOI
Act
Undated
4
7-17
AA OneNote guidance for Developmental
PARTIAL ACCESS
Irrelevant material removed
Delay
under section 22 of the FOI
Act
Undated
5
18-19
AA OneNote Guidance for Stroke
PARTIAL ACCESS
Irrelevant material removed
under section 22 of the FOI
Date: DD Month YYYY
Act
6
20-49
Eligibility Reassessment - Evidence of
PARTIAL ACCESS
Irrelevant material removed
Disability – Version 2.0
under section 22 of the FOI
Act
Date approved: 2 May 2025
7
50
Reputable Websites for Research
FULL ACCESS
Undated
1
Document
Page
Description
Access Decision
Comments
number
number
8
51-60
Scheme Eligibility Branch – Team Leader
PARTIAL ACCESS
Irrelevant material removed
Talking Points – Version 1.0
under section 22 of the FOI
Act
Date: 18 July 2024
9
61-65
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: Scheme Eligibility Branch Updates &
under section 22 of the FOI
Reminders Newsletter - July 2024, Edition
Act
#20 [SEC=OFFICIAL]
Date: 18 July 2024
5
