Our reference: FOI 22/23-0942
GPO Box 700
Canberra ACT 2601
1800 800 110
30 August 2023
ndis.gov.au
AS
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear AS
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 10 December 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:
1. Any documents the Agency has that defines “family” for the purposes of operational
guideline 11.1 “Does the NDIA fund family members to provide supports?”
2. The guidelines for determining whether a person defined as a family member can be
engaged to provide ndis funded services.
Extension of time
On 13 December 2022, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 8 February 2023 the new date to provide you with a decision on access.
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 10 documents, 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 10 documents in full.
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
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the FOI Guidelines published under section 93A of the FOI Act
relevant case law concerning the operation 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.
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
Ankit Senior Freedom of Information Officer
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 22/23-0942
Documen
Page
Description
Access Decision
t number
number
1 1-28
Published OG - Including Specific Types of Supports in Plans
FULL ACCESS
Date: 15 December 2020
2 29-34
COVID-19 - Fact Sheet - Payment to Family Members to Maintain
FULL ACCESS
Funded Core Supports v1.0
Date: 8 September 2020
3 35-40
COVID-19 - Fact Sheet - Payment to Family Members to Maintain
FULL ACCESS
Funded Core Supports v2.0
Date: 10 September 2020
4 41-46
COVID-19 - Fact Sheet - Payment to Family Members to Maintain
FULL ACCESS
Funded Core Supports v3.0
Date: 1 October 2020
5 47-53
Principles we follow to create your plan v1.0
FULL ACCESS
Date: 1 April 2021
6 54-60
OG- Principles we follow to create your plan V2.0
FULL ACCESS
Date: 15 June 2022
7 61-76
OG - Your Plan v2.0
FULL ACCESS
Date: 29 March 2021
8 77-101
OG - Your Plan v3.0
FULL ACCESS
Date: 1 April 2021
3
9 102-126
OG - Your Plan v4.0
FULL ACCESS
Date: 21 June 2022
10 127-152
OG - Your Plan v5.0
FULL ACCESS
Date: 27 July 2022
4
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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