Our reference: FOI 24/25-2259 (LEXD 883)
GPO Box 700
Canberra ACT 2601
1800 800 110
22 September 2025
ndis.gov.au
Sally Coddington
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sally Coddington
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 16 June 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 decision on your request.
Scope of your request
You have requested access to the following documents:
“Any research reports, internal policies, knowledge articles, standard operating
procedures, checklists, and templates pertaining to:
1. Microboards
2. Circles of Support”.
Processing period
The original due date for our access decision on your FOI request was 16 July 2025. We
have been experiencing a high volume of FOI requests, resulting in 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. I sincerely
apologise for this.
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.
I have identified 1 document which falls within the scope of your request.
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The document was identified by conducting 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 this document 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 FOI Act
• the FOI Guidelines published under section 93A of the FOI Act
• consultation with relevant NDIA staff
• factors relevant to my assessment of whether or not disclosure would be in the public
interest.
Searches conducted
In processing your request, I conducted searches with the following line areas:
• Service Guidance
• Co-Design and Engagement
• Technical Advice and Practice Improvement Branch (TAPIB)
• Scheme Policy
• Service Design
• Strategy
The only line area to provide us with a document relevant to your request was Scheme
Policy, and that document is included in this decision.
We have otherwise been advised that the NDIS does not currently have any internal policies,
knowledge articles, standard operating procedures, checklists or templates regarding
Microboards and Circles of Support. Evaluation of research in these areas is stil occurring
which wil then inform the development of such requested documents.
Additional guidance from TAPIB regarding any requests for advice in relation to Microboards
and Circles of Support, is that each request is being considered individually in accordance
with section 34.1 of the NDIS Act and Part 5.1 of the NDIS (Supports for Participant) Rules.
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Access to edited copies with exempt material deleted (section 22)
I have decided that Document 1 contains material that is exempt from disclosure under the
FOI Act.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt material from the document and have concluded that it is reasonably
practicable to do so. Accordingly, I have prepared an edited copy of the document with the
exempt material removed.
Reasons for decision
Personal privacy (section 47F)
Section 47F of the FOI Act conditionally exempts a document if its disclosure would involve
the unreasonable disclosure of personal information about any person.
I have identified material in the documents falling within scope of your request which
contains personal information of staff members which have not previously been disclosed to
you.
Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents
would involve unreasonable disclosure of personal information, regard must be had to:
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources; and
d. any other matters that the agency considers relevant.
Against these criteria, I take the view that:
a. it is apparent from the information that an individual is identifiable; and
b. the information referred to above is not readily available from publicly accessible
sources.
With reference to the assessment above, it would be unreasonable to disclose publicly this
personal information and is therefore conditionally exempt under section 47F(1) of the FOI
Act.
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Public interest considerations – section 47F
Section 11A(5) of the FOI Act provides that access to a document covered by a conditional
exemption must be provided unless disclosure would be contrary to the public interest.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI
Act, and I have determined that disclosure of the relevant information in the document would
promote the objects of the FOI Act by providing access to documents held by the
government.
Against disclosure, I consider that disclosure of the relevant information in the document:
• would not contribute to the publication of information of sufficient public interest to justify
the likely harm caused by release
• would not enhance Australia’s representative democracy in the ways described in
section 11B(3) of the FOI Act
• would not inform any debate on a matter of public importance, or promote oversight of
public expenditure.
While there is limited public interest in the disclosure of information conditionally exempt
under section 47F of the FOI Act, the harm that would result from disclosure is that it could
reasonably be expected to affect an individual’s right to privacy by having their personal
information in the public domain.
In summary, I am satisfied that the factors against disclosure of the information outweigh the
factors in favour of disclosure and that, on balance, it would be contrary to the public interest
to release this information to you. Accordingly, I have decided that the relevant information in
Document 1 is exempt under section 47F of the FOI Act.
Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
enclosed.
Rights of review
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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
Elizabeth (EFH599) Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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