Our reference: FOI 22/23-0607
GPO Box 700
Canberra ACT 2601
1800 800 110
25 August 2023
ndis.gov.au
Me
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Me
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 5 October 2022, in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the
Freedom of
Information Act 1982 (FOI Act). I apologise for the delay in processing your request.
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:
I would like the following documents for the period 1 July 2020 through 30 September
2022:
- current versions of any internal or otherwise non-public policies or guidance with
regards to deciding if ADHD can or should be approved in a plan.
- current versions of any internal or otherwise non-public policies or guidance with
regards to deciding how much funding should be allocated for ADHD in a plan once
ADHD has been approved to be in that plan.
- any correspondence (incl email, mincorro, carrier pigeon, etc.), including attachments if
applicable, sent to an SES3 or higher that discuss whether and/or how ADHD fits into the
NDIS.
- any correspondence (incl email, mincorro, carrier pigeon, etc.), including attachments if
applicable, sent from an SES3 or higher that discuss whether and/or how ADHD fits into
the NDIS.
You have revised the scope of your request in regard to points 3 and 4 to be for the following
documents:
Limit it to correspondence discussing whether and/or how ADHD fits into the NDIS to
and from the Agency’s current Chief Executive Officer and Deputy Chief Executive
Officers; and
Seek access to more precisely defined correspondence e.g. correspondence
discussing whether persons diagnosed with ADHD are or should be eligible to
become NDIS participants.
Extension of time
On 28 October 2022, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 4 December 2022 the new date that this requested was deemed.
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I note this access decision is being released to you after the due date and apologise for the
long delay. In the interests of providing you with our access decision without any further
delays, I have decided not to apply for an extension to the processing period from the Office
of the Australian Information Commissioner under section 15AC of the FOI Act.
Search efforts
Searches for documents were by conducted by relevant NDIA staff who could be expected
to be able to identify documents within the scope of the request. I have been provided with
27 documents, (including attachments), which fall within the scope of your request.
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 27 documents, including attachments, which fall within the scope of your
request.
The documents were 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 11 documents in full, and 16 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
consultation with relevant NDIA staff
factors relevant to my assessment of whether or not disclosure would be in the public
interest
the NDIA’s operating environment and functions.
Reasons for decision
Deliberative processes (section 47C)
‘Deliberative matter’ is a shorthand term for ‘opinion, advice and recommendation’ and
‘consultation and deliberation’ that is recorded or reflected in a document. Section 47C of the
FOI Act conditionally exempts a document if its release would disclose deliberative matter in
the nature of, or relating to, opinion, advice or recommendation 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.
Paragraph 6.59 of the FOI Guidelines further provides that deliberative process generally
refers to the process of weighing up or evaluating competing arguments or considerations or
to thinking processes – the process of reflection, for example, upon the wisdom and
expediency of a proposal, a particular decision or a course of action.
Section 47C conditionally exempts documents containing deliberative matter. Deliberative
matter is content that is in the nature of, or relating to either:
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an opinion, advice or recommendation that has been obtained, prepared or recorded,
or
a consultation or deliberation that has taken place, in the course of, or for the
purposes of, a deliberative process of the government, an agency or minister (s
47C(1)
Document 9 contains deliberative matter in the form of opinion, advice and
recommendations recorded in the course of NDIA staff performing their duties. I consider
that disclosure of this information would have a substantial adverse effect on the
management of NDIA personnel, in that staff may be reluctant to engage in discussions
about sensitive material if they were aware that the subject matter of those discussions
would be disclosed and made public.
I am satisfied that information within document 9 contains information that is deliberative in
nature and therefore, is conditionally exempt under section 47C of the FOI Act. I have
considered whether it is possible to delete the exempt and deliberative 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 exempt material removed.
Personal privacy (section 47F)
Section 47F of the FOI Act conditionally exempts a document(s) if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a
deceased person).
I have identified material in the documents falling within scope of your request which
contains personal information of a third party / third parties.
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.
Public interest considerations – section 47C and 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 Documents 9 to 14,
16 and 17 to 23 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 Documents 9 to
14, 16, and 17 to 23:
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.
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While there is limited public interest in the disclosure of information conditionally exempt
under section 47C and 47F of the FOI Act, the harm that would result from disclosure is that
it could reasonably be expected to:
hinder the Agency’s thinking processes and the ability of Agency decision-makers to
comply with their obligations and make informed decisions, which, in turn, helps to
ensure the financial stability and integrity of the National Disability Insurance Scheme.
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
Documents 9 to 14, 16, and 17 to 23 are exempt under sections 47C and 47F of the FOI Act.
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are enclosed.
Rights of review
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
Jade Senior Freedom of Information Officer
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 22/23-0607
Document
Page
Description
Access Decision
number
number
1 1-32
Creating Your Plan Guidelines Version 3
FULL ACCESS
Date: 1 April 2021
2 33-66
Creating Your Plan Guidelines Version 4
FULL ACCESS
Date: 26 June 2022
3 67-100
Determine Reasonable and Necessary Supports Practice Guide
FULL ACCESS
Version 21
Date: 1 July 2020
4 101-134
Determine Reasonable and Necessary Supports Practice Guide
FULL ACCESS
Version 22
Date: 29 July 2020
5 135-170
Determine Reasonable and Necessary Supports Practice Guide
FULL ACCESS
Version 24
Date: 23 December 2020
6 171-206
Determine Reasonable and Necessary Supports Practice Guide
FULL ACCESS
Version 25
Date: 13 January 2021
7 207-223
Referral Checklist: Eligibility Reassessment or Access Status Change -
FULL ACCESS
Early Intervention Version 3
Date: 21 July 2022
8 224-263
Access Practice Guide - Psychosocial Disability
FULL ACCESS
Date: 15 August 2017
5
Document
Page
Description
Access Decision
number
number
9 264-266
Email
PARTIAL ACCESS
Subject: RE: Huddle - New Disability Codes
Exemption claimed:
s47C – deliberative processes
Date: 17 July 2020
s47F – personal privacy
10 267-272
Email
PARTIAL ACCESS
Subject: FYI: BILL SHORTEN - TRANSCRIPT - RADIO INTERVIEW - ABC
Exemption claimed:
BREAKFAST NORTHERN TASMANIA WITH BELINDA KING -
s47F – personal privacy
THURSDAY, 15 JULY 2021
Date: 15 July 2021
11 273-275
Email
PARTIAL ACCESS
Subject: RE: ACA request - 2PM QLD time deadline
Exemption claimed:
s47F – personal privacy
Date: 5 November 2021
12 276-278
Email
PARTIAL ACCESS
Subject: Re: For clearance by Friday COB: ABC request: ADHD and the
Exemption claimed:
NDIS
s47F – personal privacy
Date: 19 May 2022
13 279-281
Email
PARTIAL ACCESS
Subject: RE: FOR REVIEW: Geelong Advertiser query
Exemption claimed:
s47F – personal privacy
Date: 31 August 2022
14 282
Email
PARTIAL ACCESS
Subject: FOR INFO - MB22-000090 - Support available and handling of
Exemption claimed:
ADHD under the NDIS and outside the scheme - Returned from MO
s47F – personal privacy
Date: 7 September 2022
14.1 283-285
Attachment to Document 14
FULL ACCESS
Signed Ministerial Briefing MB22-00090
Date: 3 September 2022
6
Document
Page
Description
Access Decision
number
number
15 286-293
Email
FULL ACCESS
Subject: MINISTER FOR THE NDIS - TRANSCRIPT - DOORSTOP -
MONDAY 26 SEPTEMBER 2022
Date: 26 September 2022
16 294
Email
PARTIAL ACCESS
Subject: ADHD RESPONSE FOR MEDIA
Exemption claimed:
s47F – personal privacy
Date: 27 September 2022
16.1 295-296
Attachment to Document 16
FULL ACCESS
Media Response
Date: 27 September 2022
17 297-304
Email
PARTIAL ACCESS
Subject: FYI: MINISTER FOR THE NDIS - TRANSCRIPT - DOORSTOP -
Exemption claimed:
MONDAY 26 SEPTEMBER 2022
s47F – personal privacy
Date: 27 September 2022
17.1 305-307
Attachment to Document 17
PARTIAL ACCESS
Media Response
Exemption claimed:
s47F – personal privacy
Date: 26 September 2022
18 308-310
Email
PARTIAL ACCESS
Subject: RE: Daily Telegraph enquiry for Minister Shorten
Exemption claimed:
s47F – personal privacy
Date: 27 September 2022
18.1 311-315
Attachment to Document 18
PARTIAL ACCESS
Question Time Brief QB22-000078
Exemption claimed:
s47F – personal privacy
Date: 27 September 2022
19 316-317
Ministerial Correspondence MC22-001616
PARTIAL ACCESS
Exemption claimed:
Date: 12 August 2022
s47F – personal privacy
7
Document
Page
Description
Access Decision
number
number
20 318-320
Ministerial Correspondence MC22-001638
PARTIAL ACCESS
Exemption claimed:
Date: 12 August 2022
s47F – personal privacy
21 321-323
Ministerial Correspondence MC22-001458
PARTIAL ACCESS
Exemption claimed:
Date: 23 August 2022
s47F – personal privacy
22 324-326
Ministerial Correspondence MC22-002093
PARTIAL ACCESS
Exemption claimed:
Date: 2 September 2022
s47F – personal privacy
23 327-328
Ministerial Correspondence MC22-002313
PARTIAL ACCESS
Exemption claimed:
Date: 19 September 2022
s47F – personal privacy
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Attachment B
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review
will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in
writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review
process, you should clearly outline your grounds for review (that is, the reasons why you
disagree with the decision). Applications for internal review can be lodged by email to
xxx@xxxx.xxx.xx or sent by post to:
Freedom of Information Section
Parliamentary, Ministerial & FOI Branch
Government Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
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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