Our reference: IR 24/25-029 | FOI 24/25-1879 (LEXD 722)
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
11 June 2025
Dan Collins
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Dan Collins
Freedom of Information request — Internal Review Decision
Thank you for your correspondence of 15 May 2025, in which you requested an internal
review of the decision made by the National Disability Insurance Agency (NDIA) on 14 May
2025 (Original Decision), in relation to your request for access to documents under the
Freedom of Information Act 1982 (FOI Act).
The purpose of this letter is to provide you with a decision on your request for internal
review.
Original Decision
On 14 May 2025, you were notified of the NDIA’s decision on your request for information.
That decision granted you access to 2 documents in full.
Grounds for Internal Review
You have requested on Internal Review on the following grounds:
“- I requested a copy of each version of the FAQ webpage that was published
between 1 May 2025 and 15 April 2025.
- You've stated that the FAQ webpage only had 2 versions published during that
period, the first on 24 April 2025 and the second on 30 April 2025.
- There should be at least 3 versions published during that period.
- I have a screenshot of the "What are flexible and stated supports? (new)" question
from the FAQ webpage that displays a different answer than what is shown in the 24
April 2025 version (document 1). I believe the screenshot was made on 28 April 2025
although the change may have occurred prior.
- The 30 April 2025 version (document 2) then shows the question was removed
entirely.
Please conduct an internal review of this decision and locate all the versions of the
FAQ webpage that were published between the aforementioned dates.”
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Relevant consideration
Your request for review questions the totality of documents provided and further requests
that you be provided any additional relevant documents that may not have been included in
the original decision bundle.
I am authorised to make internal review decisions under section 54C of the FOI Act. As a
review officer, I can decide all issues raised by an applicant's FOI request and exercise all
the powers available to the original decision maker. I am however, not bound in any way by
the Original Decision and am required to make a fresh decision.
Search efforts
Given the information provided by you in your request for internal review, I conducted
additional search consults with the NDIA’s Online Team.
As a result of these searches, I was provided with additional information and documents
relevant to the scope of your request.
Decision on your request for Internal Review
I have reviewed the original decision and the additional information and documents provided
by the Online Team and have decided to vary the original decision to release 2 additional
documents in full.
In making my decision, I have considered the following:
• your correspondence in relation to your original request
• the Original Decision dated 14 May 2025
• your grounds for seeking an internal review of the Original Decision
• consultation with relevant NDIA staff
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI Act
Reasons for Decision
In consultation with the Online Team, I was advised:
• Between 15 April 2025 and 1 May 2025, there were 3 different versions of the
Frequently Asked Questions about Legislation (FAQ) page
• The version published 24 April 2025 (and provided to you as Document 1 in our
original decision) included the FAQ “What are Flexible and Stated Supports?”
• On 28 April 2025 a technical error caused the entire FAQ page to be temporarily
removed.
• On 29 April 2025, the FAQ page was restored. As part of a planned content update,
the FAQ “What are Flexible and Stated Supports?” was intentionally removed.
• On 30 April 2025 the page was updated again and the FAQ “What are Flexible and
Stated Supports?” remained removed. (This version was provided to you as
Document 2 in our original decision).
The Online Team further confirmed that the only change to the FAQ “What are Flexible and
Stated Supports?” on the FAQ page after 24 April 2025, was its removal on 29 April 2025.
No other versions of the FAQ page were published with a different response prior to its
removal.
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As such, any screenshot you have showing a different response to the FAQ “What are
Flexible and Stated Supports?” is from a version published prior to 24 April 2025.
The Online Team provided documents of different versions of the FAQ page published
between 20 February 2025 and 30 April 2025. A review of these documents shows that the
FAQ “What are Flexible and Stated Supports?” was first published in the version dated 24
March 2025. This specific question was next updated in the version published 24 April 2025.
Although the version published 24 March 2025 is outside the date range of your request, I
have decided to include it in this decision in the hope it contains the information you are
seeking. I have also included the version dated 29 April 2025, although note this does not
include the FAQ “What are Flexible and Stated Supports?”.
Release of document
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are enclosed.
Please note I have only included documents considered within this Varied Decision (i.e. not
any documents previously released to you in our Original Decision).
Rights of Review
I have set out your rights to seek a review of my decision at
Attachment B. If you would like to clarify any aspects of my decision, please do not hesitate to contact me
via email as
xxx@xxxx.xxx.xx. If there is further information you wish to access, I invite you to make a fresh FOI request
outlining the kind of information you wish to access.
Publication The NDIA will
publish the documents released to you on our Disclosure Log. NDIA’s policy is
to publish the documents within 10 business days after they are released to you.
If you have any questions in regard to this request, please contact the FOI Team on the
above contact details.
Yours sincerely
Elizabeth (EFH599) 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 IR 24/25-029
Document
Description
Internal Review Decision
Number
NDIA Website – Frequently Asked Questions
FULL ACCESS
1
about Legislation
Date: 24 March 2025
NDIA Website – Frequently Asked Questions
FULL ACCESS
2
about Legislation
Date: 29 April 2025
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Attachment B
Your rights of review
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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