FOI 25 26 103 Decision letter.pdf

OFFICIAL
Agency reference:  FOI 25-26/103
Contact:
FOI Team
E-mail:
xxxx@xxxxxxx.xxx.xx
Mae via the Right to Know website
By email only:  xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mae,
Decision and Statement of Reasons issued under the Freedom of
Information Act 1982 – FOI 25-26/103
On 11 November 2025, the Department of Finance (Finance) received your email in which
you sought access to documents under the Commonwealth Freedom of Information Act
1982 (FOI Act). Your full request is at attachment A, and is summarised as follows:
A request for all documents created, received, or held by the Department of Finance that establish the
legal or policy basis for the decision, determination, direction, or advice concerning the non-applicability
of the Scheme for Compensation for Detriment Caused by Defective Administration ('CDDA Scheme') to
the National Disability Insurance Agency (‘NDIA’), a corporate Commonwealth entity established under
the National Disability Insurance Scheme Act 2013 (Cth).
On 13 November 2025, Finance advised you that it was unlikely to hold the documents
sought and provided you the following information about the coverage of the CDDA
Scheme:
Information about the application of the Scheme for Compensation for Detriment Caused by
Defective Administration (CDDA Scheme)
The National Disability Insurance Agency (NDIA) is classified as a Corporate Commonwealth Entity,
which means that it is a Commonwealth entity that is a body corporate (please see the information here:
PGPA Act Flipchart and List | Department of Finance and Flipchart 3 November 2025 - FINAL.pdf).
Finance’s online guidance about the CDDA Scheme provides:
The Scheme for Compensation for Detriment caused by Defective Administration (CDDA Scheme)
provides a mechanism for a Non-Corporate Commonwealth Entity (NCE) to compensate people
who have experienced detriment as a result of the NCE’s defective administration.
And:
Coverage of the CDDA Scheme
13. The CDDA Scheme is available in relation to non-corporate Commonwealth entities.
One Canberra Avenue, Forrest ACT 2603 • Internet www.finance.gov.au

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14.  The CDDA Scheme is not available in relation to:
o  the departments of the Commonwealth Parliament. The act of grace mechanism is
used in relation to claims for discretionary compensation from these departments; and
o  Corporate Commonwealth entities.

This guidance is available here: CDDA Scheme | Department of Finance, Scheme for Compensation for
Detriment caused by Defective Administration (CDDA Scheme) | Department of Finance and Scheme for
Compensation for Detriment caused by Defective Administration (RMG 409) | Department of Finance.

Because the NDIA is not a NCE, they are not covered by the CDDA Scheme.

Request for withdrawal
Therefore Finance is unlikely to hold the documents you seek as the NDIA is not covered by reason of
their structure, and likely not because of any positive decision to exclude the NDIA from the CDDA
Scheme.

On 13 November 2025, you advised:

I have considered the Department of Finance’s advice that the National Disability Insurance Agency
('NDIA') is not covered by the Scheme for Compensation for Detriment Caused by Defective
Administration ('CDDA Scheme') due to its status as a Corporate Commonwealth Entity ('CCE').

I respectfully decline the request to withdraw my application pursuant to section 29(1)(b) of the Freedom
of Information Act 1982 (Cth) ('FOI Act'). I maintain that Finance is likely to hold documents that fall
within the ambit of my original request, which sought the "legal or policy basis" for the non-applicability
of the CDDA Scheme.

Refutation of 'No Positive Decision'

Finance's assertion that the NDIA's exclusion is a consequence of its structure, and not a "positive
decision to exclude," does not diminish the scope of my request.

The formal division of Commonwealth bodies into NCEs (Non-Corporate Commonwealth Entity) and
CCEs, following the commencement of the Public Governance, Performance and Accountability Act
2013 (Cth) ('PGPA Act'), necessitated an administrative determination or legal advice regarding the scope
of the CDDA Scheme.

The documents I seek are precisely those that formalised the current, narrow scope of the CDDA Scheme
to NCEs only. This formalisation constitutes the necessary legal or policy basis I am seeking, whether
articulated in legal advice, policy briefing notes, or formal instruments.

In your email of 13 November 2025, you clarified the scope of your request:

To ensure no ambiguity, I confirm the scope of FOI 25-26/103 as covering all documents created,
received, or held by Finance that establish the legal or policy basis for the current determination and
guidance that the CDDA Scheme is not applicable to Corporate Commonwealth Entities (CCEs).

Specifically, the request includes, but is not limited to:

1. Legal Advice (internal or external) concerning the strict applicability of the CDDA Scheme to NCEs
only, in the context of the PGPA Act 2013 (Cth) framework.

2. Policy Briefing Notes, Cabinet Minutes, or Ministerial Submissions concerning the decision to limit
the CDDA Scheme’s scope, including the development, revision, or issuance of Resource Management
Guide (RMG) 409 or equivalent Financial Instructions.

3. Correspondence and Advice (including emails and memoranda) concerning the CDDA Scheme's
application, originating from the National Disability Insurance Agency ('NDIA') or the Department of the
Prime Minister and Cabinet ('PM&C') to the Department of Finance or Ministerial Offices.
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4. Any Formal Determination, Financial Instruction, or Instrument issued by the Minister for Finance or
their delegate that explicitly governs the non-participation of CCEs in the CDDA Scheme.
The scope of this request remains the period from 1 January 2013 up to and including the date this request
is processed.
On 1 December 2025, Finance sought your agreement to a 30-day extension of the statutory
timeframe under section 15AA of the FOI Act.
On 4 December 2025, in the absence of a response from you, Finance emailed you and
advised that an extension of time to process your request would be sought from the Office
of the Australian Information Commissioner (OAIC).
On 9 December 2025, Finance applied to the OAIC for an extension of time under
section 15AB(1) of the FOI Act.
On 19 December 2025, the OAIC issued its decision to extend the processing period by
50‑days to Friday 30 January 2026 under section 15AB(2) of the FOI Act.
Authorised decision-maker
I am authorised by the Secretary of Finance under section 23(1) of the FOI Act to make
decisions in relation to FOI requests.
The purpose of this letter is to provide you with notice of my decision under the FOI Act.
Decision
Section 24A(1) of the FOI Act provides that an agency may refuse a request for access to
a document if after taking all reasonable steps to find the document, the agency is satisfied
that the document does not exist or cannot be found. In line with this provision, I have
decided to refuse your request.
In making my decision, I have had regard to the following:
• the terms of your FOI request;
• searches for documents held by Finance;
• advice from subject matter experts within Finance;
• the relevant provisions of the FOI Act; and
• the FOI Guidelines issued by the Office of the Australian Information Commissioner
(FOI Guidelines).1
In coming to my decision, I have:
• ensured that thorough searches have been undertaken of current and past Finance
systems where documents falling within the scope of your request would be stored,
including SharePoint, G:Drive, Content Manager, and the Parliamentary Document
Management System; and
• consulted the business areas within Finance who would have knowledge of
documents, in particular my branch, the Comcover and Discretionary Payments
Claims Branch, and the PGPA and Digital Reporting Branch. I have been advised
1 https://www.oaic.gov.au/freedom-of-information/freedom-of-information-guidance-for-government-
agencies/foi-guidelines
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that there are no areas within Finance with knowledge or records of documents
within the scope of your request

As a result of these searches and consultations, I am satisfied that all reasonable steps have
been taken to find any documents that may fall within the scope of your request, and that
no such documents exist or can be found.

Details of the steps undertaken to locate documents are provided below.

Section 24A – Requests may be refused if documents cannot be found or
do not exist

Section 24A(1) of the FOI Act provides:

(1)  An agency or Minister may refuse a request for access to a document if:
(a)  all reasonable steps have been taken to find the document; and
(b)  the agency or Minister is satisfied that the document:
(i)  is in the agency's or Minister's possession but cannot be found; or
(ii)  does not exist.

The FOI Guidelines relevantly provide:

[3.144] Agencies and ministers should undertake a reasonable search based on a flexible and
common-sense interpretation of the terms of the FOI request. What constitutes ‘all reasonable steps’
will depend on the circumstances of each FOI request and will be influenced by the normal business
practices in the agency’s operating environment or the minister’s office…

[3.145] ‘Reasonable’ in the context of s 24A(1)(a) has been construed as not going beyond the limits
assigned by reason, not extravagant or excessive, moderate and of such an amount, size or number as
is judged to be appropriate or suitable to the circumstances or purpose…

[3.150] As a minimum, an agency or minister should take comprehensive steps to find documents,
having regard to:
•  the subject matter of the documents
•  the current and past file management systems and the practice of destruction or removal of
document
•  the records management systems in place
•  the individuals within an agency or minister’s office who may be able to assist with finding
documents and
•  the age of the documents.

[3.152] Ensuring that the search is conducted by the officers most likely to be able to find requested
documents, rather than the FOI officer, will increase the effectiveness of the search. Where officers
within the agency may have information about the requested documents they should be consulted, and
records kept of their advice. Advising FOI applicants of the relevant business areas that conducted the
searches may assure them that all reasonable steps have been taken to identify and retrieve the
documents they seek and to assist in their consideration of whether to accept the agency’s or
minister’s initial decision.

[3.157] Agencies and ministers should assist FOI applicants to identify the specific documents they
seek. Doing so will facilitate and promote public access to information in accordance with the objects
of the FOI Act. If the document still cannot be found, the statement of reasons should:
•  sufficiently identify the document
•  explain why the agency or minister is satisfied the document is in the agency’s or minister’s
possession but cannot be found or is known not to exist
•  describe the steps the agency took to find the document
•  note the limitations of any search.
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Searches by the Comcover and Discretionary Payments Claims Branch
The Comcover and Discretionary Payments Claims Branch provides policy guidance for the
CDDA Scheme. Staff responsible for CDDA policy in Comcover and Discretionary
Payments Claims Branch undertook thorough searches totalling 6 hours across all relevant
current and past Finance systems where documents would be stored. The systems searched
included:
•  the Managed Information Environment / SharePoint Online (SharePoint), Finance’s
official document management system for managing digital documents, and
•  Finance’s past document management systems:
o  G:Drive
o  Content Manager

Searches were conducted using the following search terms:
•  “Compensation for Detriment caused by Defective Administration”
•  “CDDA”
•  “CDDA” AND “policy”
•  “CDDA” AND “legal advice”
•  “CDDA” AND “NCE”
•  “CDDA” AND “NDIA”
•  “CDDA” AND “National Disability Insurance Agency”
•  “CDDA” AND “PM&C”
•  “CDDA” AND “Prime Minister and Cabinet”
•  “RMG 409”

An APS 6 Officer also manually reviewed the content of individual files from 1 January
2013 relating to the CDDA Scheme.

No documents were identified to fall within the scope of your request.

Searches for legal advice
An Executive Level 1 Officer within the Digital Information Management Team undertook
searches for legal advice within Finance’s document holdings as follows:
•  Date created = from 01/01/2013 to present AND containing the phrase “CDDA
Scheme” OR “Compensation for Detriment” OR “Detriment caused by Defective
Administration Scheme” OR (“Public Governance Performance and Accountability”
AND “CDDA”) OR (“PGPA” AND “Compensation”) OR (“PGPA” and “CDDA”)

An FOI Officer within the Legal and Assurance Branch reviewed the results of these
searches and did not identify any documents within the scope of your request.

Searches of the Parliamentary Document Management System
Noting the scope of your request includes correspondence and advice sent to Ministerial
Offices, searches were also requested of the Parliamentary Document Management System
(PDMS). The PDMS connects Australian Government agencies and Parliament and
supports ministerial level correspondence, briefings and submissions up to the
PROTECTED level.

Searches of the PDMS were conducted by a Parliamentary Liaison Officer within Finance’s
Parliamentary Liaison and Coordination Section. Searches were undertaken for
documents meeting the following search parameters:
•  any document type,
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•
from the National Disability and Insurance Agency, or the Department of the Prime
Minister and Cabinet,
•
to the Minister for Finance or the Office of the Minister for Finance,
•
containing the phrase “Compensation for Detriment caused by Defective
Administration” OR “CDDA Scheme” OR “CDDA”,
•
between 1 January 2013 and 11 November 2025.
No documents falling within the scope of your request were identified.
Consultation with the PGPA and Digital Reporting Branch
I have also consulted with colleagues in the PGPA and Digital Reporting Branch on your
request. The PGPA and Digital Reporting Branch provides guidance and advice to
Commonwealth entities on their accountability and report obligations under the PGPA Act
and government policy framework.
An Executive Level 2 Officer within the PGPA and Digital Reporting Branch undertook
a manual review of archive records and did not identify any documents responsive to your
request.
Having regard to the subject matter of the documents you have requested, the record
management systems in place, the searches conducted, and enquiries made of staff who
would have knowledge of documents, I am satisfied that all reasonable steps have been
taken to locate documents falling within the scope of your request. I am satisfied that
documents do not exist or cannot be found. Accordingly, I have decided to refuse your
request under section 24A of the FOI Act.
Further information
The CDDA Scheme is an administrative scheme established under executive power.
Its creation was approved by Cabinet on 23 October 1995 through Decisions 4536/GP and
4549.2 The scheme was subsequently established by Estimates Memorandum 1995/42,
which was issued by Finance on 21 December 1995.
Estimates Memorandum 1995/42 provides that the CDDA Scheme applies solely
to defective administration by the Commonwealth, that is, by agencies operating on
the Commonwealth Public Account. It expressly states that the scheme does not apply
to Commonwealth Authorities and Companies, which operated under the Commonwealth
Authorities and Corporations Act 1997 (CAC Act) and had a separate legal identity to the
Commonwealth.
Entities that were Commonwealth Authorities under the CAC Act became corporate
Commonwealth entities (CCEs) upon commencement of the PGPA Act, which replaced
both the CAC Act and Financial Management and Accountability Act 1997.
Although Estimates Memorandum 1995/42 falls outside the timeframe of your request,
I consider that it may nonetheless assist in answering the matters you have raised. As it falls
within the open access period prescribed by the Archives Act 1983 and is therefore not
subject to the FOI Act, I have decided to provide you with a copy on an administrative
basis, outside the FOI process.
2 Publicly available on the National Archives of Australia website:
https://recordsearch.naa.gov.au/SearchNRetrieve/Interface/ViewImage.aspx?B=32086172
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OFFICIAL
Review and appeal rights
You are entitled to request an internal review or an external review by the Office of the
Australian Information Commissioner (OAIC) of my decision. The process for review and
appeal rights is set out at Attachment B.
If you have any questions about this decision, please contact the FOI Team.
Yours sincerely,
Meagan Wilson
Assistant Secretary
Comcover and Discretionary Payments Claims Branch
Risk, Claims and Regulatory Reform Division
Department of Finance
29 January 2026
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The scope of this request covers the period from 1 January 2013 up to and including the date this request is
processed.
Request for Waiver or Remission of Charges – Public Interest Grounds:
Pursuant to sec on 29(5) of the FOI Act, I request a waiver or remission of any applicable charges on the basis that
the disclosure of the documents is demonstrably in the general public interest.
The NDIA is a key statutory authority that manages a signiﬁcant por on of public funds and provides cri cal services.
The lack of clarity around its inclusion in the CDDA Scheme — a founda onal mechanism designed to ensure
governmental administra ve fairness and accountability — is a ma er of substan al public concern. The release of
documents detailing the reasoning and legal jus ﬁca on for the Agency’s non-applicability will contribute
signiﬁcantly to public understanding, public debate, and legisla ve scru ny of the Commonwealth's administra ve
accountability framework, thereby sa sfying the public interest test for a fee waiver.
Form of Access:
I request copies of the documents in electronic form (e.g., PDF).
I understand that the relevant statutory me limits commence on the day a er this request is received by your
agency.
Thank you for your assistance with this public interest ma er.
Yours faithfully,
Mae
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ATTACHMENT B
Your Review Rights
Legislation
A copy of the FOI Act is available at: https://www.legislation.gov.au/Series/C2004A02562.
If you are unable to access the legislation through this website, please contact our office for
a copy.
Internal Review (IR)
If you disagree with this decision, you can seek a review of the original decision. The review
will be conducted by a different decision maker, usually someone at a more senior level.
You must apply for an IR within 30 calendar days of being notified of the decision or
charge, unless we agree to extend your time. You should contact us if you wish to seek an
extension.
We are required to make an IR decision within 30 calendar days of receiving your
application. If we do not make an IR decision within this timeframe, then the original
decision stands.
Your request for an IR should include:
• a statement that you are seeking a review of our decision;
• attach a copy of the decision you are seeking a review of; and
• state the reasons why you consider the original decision maker made the wrong
decision.
Email: xxxx@xxxxxxx.xxx.xx
Post: The FOI Coordinator
Legal and Assurance Branch
Department of Finance
One Canberra Avenue
FORREST ACT 2603
Information Commissioner review
You may apply directly to the Office of the Australian Information Commissioner (OAIC)
for an Information Commissioner review of this decision. You must apply in writing
within 60 calendar days of this notice.
For further information about review rights and how to submit a request for a review to the
OAIC, please see https://www.oaic.gov.au/freedom-of-information/your-freedom-of-
information-rights/freedom-of-information-reviews/information-commissioner-review.
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Third parties
If you are a third party objecting to a decision to grant someone else access to your
information, you must apply to the Information Commissioner within 30 calendar days of
being notified of our decision to release your information.
The OAIC asks that you commence a review by completing their online form which is
available on their website noted above.
Your review application must include a copy of the notice of our decision that you are
objecting to, and your contact details. You should also set out why you are objecting to the
decision.
Alternate contact details for the OAIC
If the online form is not available, alternate contact details for the OAIC are as follows:
Email: xxxxx@xxxx.xxx.xx
Post: Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992 (local call charge).
Making a complaint
You may complain to the Information Commissioner about action taken by the Department
in relation to your request.
Your enquiries to the Information Commissioner can be directed to:
Phone: 1300 363 992 (local call charge)
Email: xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Information Commissioner.
The request should be in writing and should set out the grounds on which it is considered
that the action taken in relation to the request should be investigated and identify the
Department of Finance as the relevant agency.
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