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

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