NDIA Decison Making Panel
Dear National Disability Insurance Agency,
Pursuant to the Freedom of Information Act 1982 (Cth), I seek access to documents held by the National Disability Insurance Agency (NDIA) relating to:
The decision-making process of the NDIA Decision Panel, including but not limited to documented procedures, policies, frameworks, guidance material, and internal manuals that describe:
The role, composition, and authority of the NDIA Decision Panel;
The process followed by the NDIA Decision Panel when reviewing recommendations made by NDIA planners and/or technical advisory teams.
The processes, policies, and criteria by which an NDIA delegate or the Decision Panel can override, vary, or decline to adopt recommendations or advice provided by the technical advisory team and/or a planner.
Any internal governance policies, directives, or guidance material applicable to Decision Panels or delegates about exercising discretion when their decision departs from the advice of technical specialists or planners, including any requirements for documenting reasons for doing so.
If possible, I request that these documents include any current versions as well as versions that have been in force at any time during the past three (3) years.
Format:
I request that the documents be provided in electronic format via email.
Administrative Access Request:
If any of the documents sought are available for administrative access outside the FOI process, I would appreciate advice on how I may obtain them directly.
Clarification:
Should you require any clarification about this request, please contact me via the email address provided above.
Acknowledgement:
I look forward to your acknowledgment of this request as required under section 15(5)(a) of the Freedom of Information Act 1982 (Cth), and your advice on applicable charges or a decision within the statutory timeframe.
Yours faithfully,
Justin Elks
Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
Please note: due to a high volume of requests, our ability to respond to
you in a timely manner may be affected. We will action your request as
soon as possible and will endeavour to process your matter within the
legislative deadlines. We may need to seek your agreement to an extension
of time. We appreciate your understanding if this is required.
Participant Information
Did you know the NDIA has other ways to access the documents and
information that we hold?
Participants, Guardians and Nominees can obtain copies of some participant
information through our National Contact Centre (NCC). For more
information about what’s available through the NCC, please contact 1800
800 110.
Please visit our [1]Access to Information webpage to find out more about
accessing information through:
* The [2]Participant Information Access (PIA) scheme
* The [3]Information Publication Scheme (IPS)
* The [4]myplace portal for participants
* The [5]myplace portal for providers
Access to Data
You can also request data and statistics. Please visit our [6]Data and
insights webpage page for further information.
If you are able to obtain your information from a source listed above, you
can withdraw your FOI request by emailing [7][NDIA request email]
Further Information
Information about how to make an FOI request can be found on our website:
[8]Freedom of Information
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]ndis.gov.au.
Alternatively, you can also contact us by phoning 1800 800 110.
Kind regards
Freedom of Information Team
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [11][NDIA request email]
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************
References
Visible links
1. https://www.ndis.gov.au/about-us/policie...
2. https://www.ndis.gov.au/about-us/policie...
3. https://www.ndis.gov.au/about-us/policie...
4. https://www.ndis.gov.au/participants/usi...
5. https://www.ndis.gov.au/providers/workin...
6. https://data.ndis.gov.au/
7. mailto:[NDIA request email]
8. https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
10. https://www.ndis.gov.au/
11. mailto:[NDIA request email]
Dear Justin,
Freedom of Information Request: Acknowledgement & Extension of Time Request
Thank you for your request of 18 July 2025, made under the Freedom of Information Act 1982 (FOI Act), for copies of documents held by the National Disability Insurance Agency (NDIA)
Scope of your Request
You have requested access to:
“The decision-making process of the NDIA Decision Panel, including but not limited to documented procedures, policies, frameworks, guidance material, and internal manuals that describe:
The role, composition, and authority of the NDIA Decision Panel;
The process followed by the NDIA Decision Panel when reviewing recommendations made by NDIA planners and/or technical advisory teams.
The processes, policies, and criteria by which an NDIA delegate or the Decision Panel can override, vary, or decline to adopt recommendations or advice provided by the technical advisory team and/or a planner.
Any internal governance policies, directives, or guidance material applicable to Decision Panels or delegates about exercising discretion when their decision departs from the advice of technical specialists or planners, including any requirements for documenting reasons for doing so.
If possible, I request that these documents include any current versions as well as versions that have been in force at any time during the past three (3) years."
Please note that we do not have a team specifically called the "Technical Advisory Team (TAT) as named in your request. We do however have an Advisory Team within the Technical Advice and Practice Improvement Branch (TABIP). I will continue processing your request assuming this is the team you are referring to, unless you advise otherwise.
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory period for processing your request commenced from 19 July 2025. This 30-day period expires on 17 August 2025.
The 30-day period can be extended in a number of ways, including with your agreement.
Extension of Time Request:
Unfortunately, it is currently taking us a little longer than 30 days to process FOI requests due to a very high volume of incoming matters. I am therefore seeking your agreement to a 30-day extension of time under section 15AA of the FOI Act. If you agree to this extension, the new due date for us to decide on your request will be 16 September 2025.
Please let us know if you agree by 24 July 2025.
Explanation of Extension of Time Request:
The reason I am seeking an extension of time is to ensure I preserve your review rights under the FOI Act.
FOI applicants are normally entitled to exercise a right of internal review if they are unsatisfied with the outcome of an FOI decision. However, this right of review lapses if a FOI decision is not made within the statutory timeframe. This is because if an agency doesn’t issue their decision within the statutory timeframe, they are deemed to have refused the request for documents. If this situation happens, it will limit your options for formal review to only contacting the OAIC.
You are not obligated to agree to this request, you would still retain your review rights with our regulatory body OAIC (Office of the Australian Information Commission).
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from documents if that information would reasonably be regarded as irrelevant to a request for access.
Given the nature of your request, it does not seem that NDIA staff members’ surnames and contact details would be relevant to you. Can you please send me a reply email confirming that such details are irrelevant to your request for access?
Action Required
Can I please request a response regarding our request for a 30-day extension of time, by 24 July 2025.
Next steps
I have completed some preliminary work on your request; however, your matter will be allocated to an authorised FOI decision-maker for any further action. The decision-maker may need to contact you to discuss a range of matters, including refining the scope of your request.
We will contact you using the email address you have provided. Please advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us at [NDIA request email].
Kind Regards,
Jaimee
Triage Officer – Triage and Early Resolution
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
[NDIA request email]
The NDIA acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, sea and community. We pay our respects to them and their cultures and to Elders past, present and emerging.
-----Original Message-----
From: Justin Elks <[FOI #13426 email]>
Sent: Friday, 18 July 2025 12:11 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - NDIA Decison Making Panel
[You don't often get email from [FOI #13426 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]
Dear National Disability Insurance Agency,
Pursuant to the Freedom of Information Act 1982 (Cth), I seek access to documents held by the National Disability Insurance Agency (NDIA) relating to:
The decision-making process of the NDIA Decision Panel, including but not limited to documented procedures, policies, frameworks, guidance material, and internal manuals that describe:
The role, composition, and authority of the NDIA Decision Panel;
The process followed by the NDIA Decision Panel when reviewing recommendations made by NDIA planners and/or technical advisory teams.
The processes, policies, and criteria by which an NDIA delegate or the Decision Panel can override, vary, or decline to adopt recommendations or advice provided by the technical advisory team and/or a planner.
Any internal governance policies, directives, or guidance material applicable to Decision Panels or delegates about exercising discretion when their decision departs from the advice of technical specialists or planners, including any requirements for documenting reasons for doing so.
If possible, I request that these documents include any current versions as well as versions that have been in force at any time during the past three (3) years.
Format:
I request that the documents be provided in electronic format via email.
Administrative Access Request:
If any of the documents sought are available for administrative access outside the FOI process, I would appreciate advice on how I may obtain them directly.
Clarification:
Should you require any clarification about this request, please contact me via the email address provided above.
Acknowledgement:
I look forward to your acknowledgment of this request as required under section 15(5)(a) of the Freedom of Information Act 1982 (Cth), and your advice on applicable charges or a decision within the statutory timeframe.
Yours faithfully,
Justin Elks
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #13426 email]
Is [NDIA request email] the wrong address for Freedom of Information requests to National Disability Insurance Agency? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
********************************************************************** IMPORTANT: This e-mail is for the use of the intended recipient only and may contain information that is confidential, commercially valuable and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any review, re-transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this information is prohibited and may result in severe penalties. If you have received this e-mail in error please notify the sender immediately and delete all electronic and hard copies of this transmission together with any attachments. Please consider the environment before printing this e-mail **********************************************************************
Subject: RE: Request for Extension and Clarification – FOI Request
Dear Jaimee,
Thank you for your email regarding the 30-day extension of time.
I confirm that I do not object to the requested 30-day extension. However, I would like to note that the request for agreement to this extension was made on the same date that a response is required (24 July 2025), which does not provide reasonable time for meaningful consideration or response.
Regarding your request for confirmation that NDIA staff members’ surnames and contact details are irrelevant to my FOI request: I respectfully submit that it is not for me to determine the relevance of information that may fall within the scope of access, especially prior to review by the authorised FOI decision-maker. However, I will clarify the following:
My request relates to the decision-making process concerning a participant’s plan. Individuals operating under the title of Planner have consistently used the term “technical advisory team” in both verbal and written correspondence. Therefore, it is entirely reasonable that someone outside of the NDIA—such as a participant or their advocate—may not be aware of the NDIA’s formal internal terminology for these roles. It is similarly reasonable to conclude that the internal titles, staff identifiers, and related contact chains may in fact be relevant to understanding the procedural integrity or decision-making pathway.
Given the nature of Freedom of Information legislation, the relevance or irrelevance of individual details is a matter best considered in the context of a full search and assessment by the decision-maker.
Please continue to correspond via the email address provided. I will await further contact from the authorised FOI decision-maker should they require clarification or scope refinement.
Yours sincerely,
Justin Elks