Cat
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Cat
Freedom of Information Request 53952 – Decision on access
I refer to the
Freedom of Information Act 1982 (
FOI Act) request to the Department of Social Services
(
Department) on 6 June 2025. The request seeks access to:
1. All documents, draft documents, correspondence and attachments created since commencement of
the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act
2024, relating to mapping NDIS supports lists to the Convention on the Rights of Persons with
Disabilities (CRPD) for the purposes of the transitional or final NDIS Supports (s10) rule
2. Any training materials or briefings on CRPD matters for the purposes of the s10 rule
3. An indexed list of all evaluations and stakeholder consultations undertaken on the s10 rule between 1
November 2024 to 5 June 2025, representatives who attended these, and whether stakeholders were
subject to confidentiality or non-disclosure agreements
I am authorised to make decisions in respect of FOI requests under subsection 23(1) of the FOI Act.
Decision
I have decided to grant partial access to the documents sought by the request as they contain material that is:
• exempt under section 42 (legal professional privilege) of the FOI Act;
• conditional y exempt under section 47C (deliberative matter) of the FOI Act and access to that material
would be contrary to the public interest; and/or
• irrelevant to the request and deleted under section 22 of the FOI Act.
The documents and my decision in relation to each are set out in the Schedule of Documents at
Attachment
A (
Schedule).
The reasons for my decision are set out in the Statement of Reasons at
Attachment B.
Review rights and complaints
Information concerning how you may seek a review of this decision or make a complaint about the handling
of this request is at
Attachment C.
Publication
Section 11C of the FOI Act requires agencies to publish details on how to access documents released in
response to FOI requests on their website within 10 days of release unless except where that publication
would be unreasonable.
GPO Box 9820 Canberra ACT 2601
Email Facsimile Telephone 1300 653 227
National Relay Service: TTY: 133 677, Speak and listen: 1300 555 727, Internet relay: www.relayservice.com.au
www.dss.gov.au

The documents released in response to this request do not contain any information that would be
unreasonable to publish. As a result, details on how to access them wil be published on the Department’s
disclosure log within 10 days of this decision.
Contact
If you would like to discuss any aspect of my decision, please contact me
at xxx@xxx.xxx.xx.
Yours sincerely
Heather D
Authorised FOI Decision Maker
7 July 2025
Attachments
A – Schedule of Documents
B – Statement of Reasons
C – Review Rights
ATTACHMENT A
SCHEDULE OF DOCUMENTS
Doc No Description of document
Decision
1
Email
Release in part
Subject: CRPD table
Section 22 – non-SES staff personal information
1a
Document
Release in part
Supports, Impairments and the intersection with the CRPD
Section 47C – deliberative material
2
Email
Release in part
Subject: CRPD table
Section 22 – non-SES staff personal information
2a
Document
Release in part
Supports, Impairments and the intersection with the CRPD
Section 47C – deliberative material
3
Email
Release in part
FOR REVIEW & ACTION_ NDIS Supports CRPD Mapping and request for
Section 22 – non-SES staff personal information
LSG advice
Section 42 – legal advice
Section 47C – deliberative material
3a
Document
Release in part
NDIS Supports - CRPD Mapping
Section 47C – deliberative material
3b
Document
Exempt in full
Attachment to Document 3
Section 42 – legal advice
4
Email
Release in part
FW_ CRPD table
Section 22 – non-SES staff personal information
4a
Document
Release in part
Supports, Impairments and the intersection with the CRPD
Section 47C – deliberative material
5
Email
Release in part
FW_ s10 mapping to the CRPD
Section 22 – non-SES staff personal information
Section 47C – deliberative material
5a
Document
Release in part
s10 CRPD mapping
Section 47C – deliberative material
6
Email
Release in part
Mapping NDIS Supports to CRPD
Section 22 – non-SES staff personal information and Microsoft teams
meeting details
Section 47C – deliberative material
ATTACHMENT A
Doc No Description of document
Decision
6a
Document
Release in part
DRAFT Bare-Hybrid-Specific NDIS Supports List for Cat A rule1
Section 47C – deliberative material
7
Email
Release in part
NDIS Supports mapping discussion
Section 22 – non-SES staff personal information and Microsoft teams
meeting details
Section 47C – deliberative material
7a
Document
Release in part
NDIS Supports Mapping
Section 47C – deliberative material
8
Email
Release in part
RE: s10 mapping to the CRPD
Section 22 – non-SES staff personal information
Section 42 – legal advice
Section 47C – deliberative material
9
Email
Release in part
RE: s10 mapping to the CRPD
Section 22 – non-SES staff personal information
Section 42 – legal advice
Section 47C – deliberative material
10
Email
Exempt in full
Request for advice
Section 42 – legal advice
10a
Attachment to Document 10
Exempt in full
Section 42 – legal advice
10b
Attachment to Document 10
Exempt in full
Section 42 – legal advice
10c
Attachment to Document 10
Exempt in full
Section 42 – legal advice
11
Email
Release in part
Monday, 20 January 2025 3:21:41 PM
Section 22 – non-SES staff personal information
Section 42 – legal advice
11a
Document
Exempt in full
Summary
Section 42 – legal advice
12
Document
Release in full
FOI Request – table of stakeholders
ATTACHMENT B
STATEMENT OF REASONS
Material on which the decision is based
1. I relied on the following material in coming to this decision:
• the terms of the FOI request;
• the documents subject to the FOI request;
• advice from subject matter experts within the Department regarding the nature and sensitivity
of the documents subject to the request;
• the FOI Act; and
• the Guidelines issued by the Office of the Australian Information Commissioner under section
93A of the FOI Act (
FOI Guidelines).
Section 22 – Irrelevant material
2. Under section 22 of the FOI Act, the Department may delete material from documents that it
considers irrelevant to the scope of your request.
3. At the outset of this request, you agreed to exclude the following information from its scope:
a) group email addresses used for internal departmental purposes;
b) all personal information of members of the public;
c) all personal information of non-Senior Executive Service (SES) government staff;
d) all personal information of SES level government staff with the exception of the names of the
Department’s SES staff; and
e) Microsoft teams meetings dial-in information.
4. Where present in the documents, this information has been deleted under section 22 of the FOI
Act.
Section 42 – Legal Professional Privilege
5. Section 42 of the provides that a document is an exempt document if it is of such a nature that it
would be privileged from production in legal proceedings on the ground of legal professional
privilege.
6. Certain documents subject to the request (as identified in the Schedule) contain legal advice
and/or communication with legal advisors. I am satisfied that privilege over this material has not
been waived, and accordingly that it is exempt under section 42 of the FOI Act.
Section 47C – Deliberative Matter
7. Section 47C of the FOI Act provides in part that a document is conditionally exempt if its
disclosure would reveal matter (
deliberative matter) in the nature of, or relating to, opinion,
advice or recommendations obtained, prepared or recorded, or consultation or deliberation that
has taken place, in the course of, or for the purposes of, the deliberative processes involved in the
functions of an agency. Access to the conditional y exempt document may only be withheld
where it is contrary to the public interest.
8. Certain documents subject to the request (as identified in the Schedule) contain early thinking of
potential designs of the s 10 instrument for consideration by the Department. I am satisfied that
this information meets the definition of deliberative matter as set out above and is therefore
conditional y exempt under section 47C of the FOI Act.
ATTACHMENT B
9. When considering whether access to this deliberative matter is contrary to the public interest, I
acknowledge that access would inherently promote the objects of the FOI Act, demonstrating ful
transparency of government. However, providing access may pre-empt the finalisation of the s 10
instrument design, and would adversely affect the Department’s ability to finalise it on its current
schedule. This adverse effect outweighs any benefit that could flow from disclosing that
information.
10. As a result, I am satisfied that access to the deliberative matter would be contrary to the public
interest and have decided to withhold access to it.
ATTACHMENT C
INFORMATION ON REVIEW RIGHTS
You may seek review of this decision via:
(a) an internal review; or
(b) the Australian Information Commissioner (
Information Commissioner).
Internal review
If you apply for internal review, a fresh decision will be made by a different decision-maker within the
Department. An application for internal review must be:
(a) made in writing;
(b) made within 30 days of receiving this letter; and
(c) sent to
xxx@xxx.xxx.xx.
The application should also include the reasons why you think this decision should be reviewed.
If the internal review decision results in you not being provided access to all of the documents to which
you have requested access, you have the right to seek a further review by the Information
Commissioner.
Information Commissioner review
You can apply for the Information Commissioner to review this decision either immediately or following
an internal review decision. You must apply to the Information Commissioner within 60 days of the
receipt of this decision letter.
Further details on this process can be found on the Information Commissioner’s website at
https://www.oaic.gov.au/.
COMPLAINTS TO THE INFORMATION COMMISSIONER
You may also make a complaint to the Information Commissioner concerning actions taken by the
Department while exercising its powers or performing its functions under the FOI Act.
Further details on this process can be found on the Information Commissioner’s website at
https://www.oaic.gov.au/.