Our reference: FOI 25/26-0524
OAIC reference: MR25/
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
22 January 2026
Mae
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mae
Freedom of Information request — Notice of revised decision under section 55G of
the Freedom of Information Act 1982
Thank you for your correspondence of 29 August 2025, seeking 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 provide you with a revised decision on your request.
Scope of your request
You have requested access to the following documents:
“I request access to all documents, in their original, unredacted format where possible,
that contain information related to the NDIA's management, policy, and data on chronic
pain and fibromyalgia, including but not limited to:
1. Internal Policy and Guidance Documents:
All current and superseded internal policies, guidelines, and procedures for NDIA staff
regarding the assessment of chronic pain and fibromyalgia.
Documents outlining the NDIA's position on chronic pain and fibromyalgia as primary
and/or secondary disabilities for the purpose of NDIS access and planning.
2. Reports, Data, and Research:
Any reports, research papers, or summaries held by the NDIA concerning chronic pain or
fibromyalgia.
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Statistical data on the number of NDIS participants with a primary or secondary
diagnosis of chronic pain or fibromyalgia, including data on their funded supports and
outcomes.
Statistics on the number of people who have been approved for NDIS access with
chronic pain and/or fibromyalgia as their primary disability, broken down by year for the
last five years.
3. Training and Communication Materials:
Training materials, presentations, or handbooks used to educate NDIA staff on chronic
pain and fibromyalgia and their impact on a participant's functional capacity.
Correspondence or records of meetings between the NDIA and external medical bodies,
research organisations, or government departments regarding chronic pain and
fibromyalgia.”
Processing period
A 30-day statutory period for processing your request commenced from 30 August 2025 in
accordance with section 15(5)(b) of the FOI Act.
Extension of time
The original due date for our access decision was 29 September 2025. On 2 September
2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making
29 October 2025 the new date to provide you with a decision on access. We have been
experiencing processing delays and were not able to provide you with our decision by that
date. Consequently, your application was regarded as a deemed refusal under section 15AC
of the FOI Act. We sincerely apologise for this.
We note 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.
Revised decision under section 55G
Section 55G 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).
2
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 decision under section 23(1) of the FOI Act, including revised
decisions under section 55G of that Act. My revised decision on your request and the
reasons for my decision are set out below.
Administrative access
Some of the documents that fall within the scope of your request have been disclosed in the
context of other FOI requests and are referred to in the NDIA’s FOI Disclosure Log. Because
these documents have already been the subject of FOI decisions, it is not necessary for me
to make another decision on their disclosure, and I have decided to provide them to you on
an administrative basis.
Search efforts
The FOI Guidelines provide that agencies and ministers should undertake a reasonable
search on a flexible and common-sense interpretation of the terms of the request. At a
minimum, an agency is required to have regard to the following in undertaking these
searches:
•
the subject matter of the documents
•
the current and past file management systems
•
the record management systems in place
•
the individuals and line areas within an agency or minister’s office who may be able
•
to assist with the location of documents, and
•
the age of the documents.
Having regard to these Guidelines, I engaged in search consultations with the following
internal business area to obtain documents within their possession which may fall within the
scope of your FOI request:
• Service Guidance Branch
• Technical Advice and Practice Improvement Branch
• Data and Analytics Branch
• Policy and Practice Leadership, Service Design and Improvement Division
• Frontline Capability Branch
• Participant Outcomes, Evidence and Evaluation Branch.
I advise that senior staff in the business area conducted searches for the documents and
located 15 documents relevant to the scope of your request.
I have identified 15 documents, which fall within the scope of your request.
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Document 15 has been produced using information provided by Data and Analytics Branch.
The production of a document is permitted by section 17(1)(c) of the FOI Act in
circumstances where the information sought is not contained in a discrete document of an
agency, but the agency can produce a written document containing the requested
information, by the use of a computer or other equipment that is ordinarily available for
retrieving or collating stored information. I have therefore treated your request as if it
included a request for Document 15 in accordance with section 17(1)(c).
In relation to Document 15, it should be noted that:
• Historical reporting of non-primary disabilities has been inconsistent.
• Data and Analytics Branch are unable to report outcomes for the relevant cohort of
participants, as the data that exists is insufficient and/or incomplete, such that it is not
possible to draw meaningful conclusions.
I have decided to grant access to 12 documents in full, and 3 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 FOI Act
• the FOI Guidelines published under section 93A of the FOI Act
• the notice of IC review
• consultation with relevant NDIA staff
• the NDIA’s operating environment and functions.
Access to edited copies with irrelevant material deleted (section 22)
I have identified that Documents 12 to 14 contain material that is irrelevant to your request.
The irrelevant material relates to names and contact details of NDIA staff which is not
relevant to the subject matter of your request.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the irrelevant material from the documents and have concluded that it is reasonably
practicable to do so. Accordingly, I have prepared an edited copy of the documents with the
irrelevant material removed.
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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 will be providing the OC 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
Helen (HIL533)
Senior Freedom of Information Officer
Information Access and Privacy Branch
Reviews and Information Release Division
5
10
480-491
Knowledge Article - Impairment categories guide v1
FULL ACCESS
Date: 10 October 2024
11
492-506
Knowledge Article - Impairment categories guide v2
FULL ACCESS
Date: 30 June 2025
12
507-517
Dorsal Root Ganglion Stimulation for Complex Regional
PARTIAL ACCESS
Irrelevant material
Pain Syndrome
removed under section
22 of the FOI Act
Date: 19 September 2022
13
518-520
Posterior tibial nerve stimulation for painful bladder
PARTIAL ACCESS
Irrelevant material
syndrome
removed under section
22 of the FOI Act
Date: 26 September 2022
14
521-527
Research Request - Cold Laster Therapy (Low Level Laser
PARTIAL ACCESS
Irrelevant material
Therapy)
removed under section
22 of the FOI Act
Date: 2 July 2020
15
528
Statistical Data
FULL ACCESS
Document created
under section 17 of the
As of 9 January 2026
FOI Act
7
Schedule of Disclosure Log Documents
Document Page
Description
Comments
number
number
1
1-49
Draft: Research – DRHS:
Administrative access
• Health Conditions with a Thermoregulation or Temperature Sensitivity Factor
provided
• Link to Air Conditioning/Heating supports
Date: 25 October 2019
2
50-94 Draft: Research Request – Central Sensitivity Syndromes and Functional Neurological
Administrative access
Disorder
provided
Undated
3
95-108 Drafts of Advice:
Administrative access
• Chronic non-cancer pain
provided
• Complex regional pain syndrome
Date: 21 June 2018
4
109-
Expert information and advice – Fibromyalgia
113
Administrative access
Date: 18 January 2018
provided
5
114-
Research – Therapy Best Practice
Administrative access
136
provided
Date: 28 June 2021
6
137-
Research Request – Pain Management Programs (Australia) and Gabapentin and
Administrative access
149
Sodium Valproate trials
provided
Date: 10 September 2019
7
150-
Research Paper: Mollii Suit
Administrative access
188
provided
Undated
8
