Department of Finance – National Disability Insurance Agency (NDIA) Exemption - Scheme for Compensation for Detriment Caused by Defective Administration (CDDA)
Dear Freedom of Information Officer,
I submit this request for access to documents under section 15 of the Freedom of Information Act 1982 (Cth) ('FOI Act').
I request access to 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).
Specifically, the scope of this request includes, but is not limited to:
1. Legal Advice (internal or external) concerning the NDIA's coverage status under the CDDA Scheme.
2. Policy Briefing Notes, Cabinet Minutes, or Ministerial Submissions prepared for the Minister for Finance or the Minister responsible for the NDIA, regarding the Agency’s exemption or exclusion from the Scheme.
3. Correspondence (including emails and memoranda) originating from the NDIA to the Department of Finance or Ministerial Offices regarding the CDDA Scheme's application.
4. Any Formal Determination, Financial Instruction, or Instrument issued by the Minister for Finance or their delegate that governs the NDIA’s non-participation in the CDDA Scheme.
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 section 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 portion of public funds and provides critical services. The lack of clarity around its inclusion in the CDDA Scheme — a foundational mechanism designed to ensure governmental administrative fairness and accountability — is a matter of substantial public concern. The release of documents detailing the reasoning and legal justification for the Agency’s non-applicability will contribute significantly to public understanding, public debate, and legislative scrutiny of the Commonwealth's administrative accountability framework, thereby satisfying 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 time limits commence on the day after this request is received by your agency.
Thank you for your assistance with this public interest matter.
Yours faithfully,
Mae
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Good afternoon Mae,
Freedom of information request – FOI 25-26/103
Thank you for your below email to the Department of Finance (Finance)
requesting access to the following documents under the Freedom of
Information Act 1982 (FOI Act):
I request access to 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).
Specifically, the scope of this request includes, but is not limited to:
1. Legal Advice (internal or external) concerning the NDIA's coverage
status under the CDDA Scheme.
2. Policy Briefing Notes, Cabinet Minutes, or Ministerial Submissions
prepared for the Minister for Finance or the Minister responsible for the
NDIA, regarding the Agency’s exemption or exclusion from the Scheme.
3. Correspondence (including emails and memoranda) originating from the
NDIA to the Department of Finance or Ministerial Offices regarding the
CDDA Scheme's application.
4. Any Formal Determination, Financial Instruction, or Instrument issued
by the Minister for Finance or their delegate that governs the NDIA’s
non-participation in the CDDA Scheme.
The scope of this request covers the period from 1 January 2013 up to and
including the date this request is processed.
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: [1]PGPA
Act Flipchart and List | Department of Finance and [2]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
1. The CDDA Scheme is available in relation to non-corporate Commonwealth
entities.
1. The CDDA Scheme is not available in relation to:
• the departments of the Commonwealth Parliament. The act of grace
mechanism is used in relation to claims for discretionary compensation
from these departments; and
• Corporate Commonwealth entities.
This guidance is available here: [3]CDDA Scheme | Department of Finance,
[4]Scheme for Compensation for Detriment caused by Defective
Administration (CDDA Scheme) | Department of Finance and [5]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.
Based on the information provided, we request that you reply by 5pm Monday
17 November 2025 to either:
• withdraw your request, or
• revise your request to documents that Finance may hold.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
Dear FOI Officer,
Thank you for your response dated 13 November 2025 regarding my Freedom of Information (FOI) request, reference FOI 25-26/103.
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.
Clarified and Confirmed Scope of 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.
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.
Waiver or Remission of Charges – Public Interest
I reiterate the request for a waiver or remission of charges pursuant to section 29(5) of the FOI Act. The disclosure of documents concerning the rationale for limiting administrative accountability mechanisms for an entire class of key public sector entities is a matter of profound public interest. The release will contribute significantly to public understanding and scrutiny of Commonwealth administrative accountability under the PGPA framework.
I look forward to receiving a notice of decision on access to the requested documents within the statutory timeframe.
Kind Regards
Mae
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Dear Mae
Freedom of Information Request – FOI 25-26/103
I refer to your emails to the Department of Finance (Finance) of 11
November 2025 and 17 November 2025 requesting access to documents under
the Freedom of Information Act 1982 (FOI Act). The purpose of this email
is to acknowledge receipt of your request. The scope of your request,
revised on 17 November 2025, is for:
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.
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.
Finance is currently managing a higher than usual volume of FOI request.
We appreciate your patience and confirm your revised request has been
received.
General FOI matters
Your request was received by Finance on 11 November 2025. The statutory
period for processing your request commences from the day after Finance
received your request and a decision is due on Thursday 11 December 2025.
The processing period may be extended with your written agreement, if we
need to consult third parties, impose a charge or for other reasons. We
will advise you if this happens.
Publication
As required by the FOI Act, any documents provided to you under the FOI
Act will be published on our [1]disclosure log, unless an exception
applies. Documents will be published within the applicable statutory
timeframes set out by the FOI Act.
Policy to exclude junior officer contact details, signatures and mobile
phone numbers
Finance has adopted a policy to generally exclude from any documents
released under FOI, the names and contact details of junior staff (non-SES
officers) and staff employed under the Members of Parliament (Staff) Act
1984 (senior adviser level and below). Finance has also adopted a policy
to exclude signatures and mobile phone numbers from any documents released
under FOI (unless publicly available). Finance’s preference is to reach
agreement with FOI applicants to exclude these details from the scope of
the request. Where there is no objection, the names and contact details of
junior officers, as well as any signatures and mobile phone numbers
appearing in identified documents, will be redacted under section 22 of
the FOI Act on the basis that these details are irrelevant to the request.
Please contact the FOI Team if you wish to discuss your request.
Kind regards
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
References
Visible links
1. https://www.finance.gov.au/about-us/free...
OFFICIAL
Dear Mae
I write in relation to your FOI request to the Department of Finance
(Finance) made on 11 November 2025 and revised on 17 November 2025 (our
ref: FOI 25-26/103).
The statutory deadline for Finance to issue you a decision on your FOI
request currently ends next Thursday, 11 December 2025.
To allow for comprehensive searches for documents to be coordinated and
undertaken, we request your agreement to extend the period to process your
FOI request by 30 days to 10 January 2026. Section 15AA of the Freedom of
Information Act 1982 provides that an applicant can consent to an
extension of time up to 30 calendar days. In seeking your agreement to the
maximum time allowed under section 15AA of the FOI Act, we note your
request seeks access to documents over a 12+year period from 1 January
2013, and that searches will be required by several business areas. We
have also factored Finance’s annual shut down period and that relevant
business areas will have staff on planned leave over the December/January
period.
We thank you for your consideration and understanding.
If you consent to the extension, Finance will notify the Office of the
Australian Information Commissioner (OAIC) of the extension, which is part
of Finance’s reporting requirements.
Kind regards,
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
OFFICIAL
Dear Mae
We refer to our below email on 4 December 2025 seeking your agreement to a
30-day extension of time to process your FOI request.
We would be grateful for your response to our extension request no later
than 5pm Monday 8 December 2025. Finance will be unable to finalise a
decision on your request by the current statutory due date of 11 December
2025 as searches for documents are still ongoing. If we do not receive
your response by 8 December 2025, we will be applying for an extension
from the Office of the Australian Information Commissioner (OAIC).
Thank you for your assistance.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
From: FOI Requests <[email address]>
Sent: Monday, 1 December 2025 5:28 PM
To: Mae <[FOI #13997 email]>
Cc: FOI Requests <[email address]>
Subject: FOI 25-26/103 - Request for agreement to extension of time
[SEC=OFFICIAL]
OFFICIAL
Dear Mae
I write in relation to your FOI request to the Department of Finance
(Finance) made on 11 November 2025 and revised on 17 November 2025 (our
ref: FOI 25-26/103).
The statutory deadline for Finance to issue you a decision on your FOI
request currently ends next Thursday, 11 December 2025.
To allow for comprehensive searches for documents to be coordinated and
undertaken, we request your agreement to extend the period to process your
FOI request by 30 days to 10 January 2026. Section 15AA of the Freedom of
Information Act 1982 provides that an applicant can consent to an
extension of time up to 30 calendar days. In seeking your agreement to the
maximum time allowed under section 15AA of the FOI Act, we note your
request seeks access to documents over a 12+year period from 1 January
2013, and that searches will be required by several business areas. We
have also factored Finance’s annual shut down period and that relevant
business areas will have staff on planned leave over the December/January
period.
We thank you for your consideration and understanding.
If you consent to the extension, Finance will notify the Office of the
Australian Information Commissioner (OAIC) of the extension, which is part
of Finance’s reporting requirements.
Kind regards,
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
Our reference: RQ25/07968
Agency reference: FOI25-26/103
Mae Not disclosed
Sent by email: [FOI #13997 email]
Extension of time application by the Department of Finance
Dear Mae Not disclosed
I write to advise that on 09 December 2025, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Department of Finance (the Agency) for an extension of time to process
your FOI request of date.
The Agency has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be complex.
The Agency has advised the OAIC that:
The Agency has requested an extension to 30 January 2026. The decision
maker will take any comments you may have to make into account when
deciding the application.
Please respond to this email by close of business 17 December 2025. Please
do not hesitate to contact us before this date should you require further
time to provide your response. If I do not hear from you by this date, the
decision maker will proceed to make a decision on the basis of the
information provided to the OAIC by the Agency.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [1]Extensions of time.
Contact
If you have any questions, please contact me on 1300 363 992 or via email
at [2][email address]. Please quote OAIC reference: RQ25/07968 in all
correspondence.
Kind regards
[3][IMG] Melih Sayan
Assistant Review Advisor
Office of the Australian Information Commissioner
Sydney NSW | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
Notice:
The information contained in this email message and any attached files may
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References
Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. mailto:[email address]