NDIA technical advisory referral list
Dear National Disability Insurance Agency,
I request a list of all conditions/diagnoses (however described) that must be referred to TAB before an application that includes at least one of those conditions/diagnoses can be approved (that is, ‘access met’).
Yours faithfully,
Me
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
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Participants, Guardians and Nominees can obtain copies of some participant
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Further Information
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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.
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Dear Me
Freedom of Information Request: Acknowledgement
Thank you for your request of 8 March 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:
“ I request a list of all conditions/diagnoses (however described) that
must be referred to TAB before an application that includes at least one
of those conditions/diagnoses can be approved (that is, ‘access met’).”
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?
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 9 March 2025. This
30-day period expires on 7 April 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. 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 7 May
2025.
If you do not agree and we are unable to process your request within the
30-day period expiring on 7 April 2025, we will be deemed to have refused
your request and you will not have a right to seek internal review of that
decision. You will, however, retain your right to external review by the
Australian Information Commissioner.
Please let us know if you agree by 18 March 2025.
Disclosure Log
Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.
If you have any concerns about the publication of the documents you have
requested, please contact me.
Next steps
Your request will be allocated to an authorised FOI decision-maker. 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 [1][NDIA request email].
Regards
Mykal
Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
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.
[5]Aboriginal and Torres Strait Islander flags graphic
-----Original Message-----
From: Me <[FOI #12906 email]>
Sent: Saturday, 8 March 2025 9:00 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - NDIA technical advisory referral
list
[You don't often get email from
[6][FOI #12906 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]
Dear National Disability Insurance Agency,
I request a list of all conditions/diagnoses (however described) that must
be referred to TAB before an application that includes at least one of
those conditions/diagnoses can be approved (that is, ‘access met’).
Yours faithfully,
Me
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #12906 email]
Is [9][NDIA request email] the wrong address for Freedom of Information
requests to National Disability Insurance Agency? If so, please contact us
using this form:
[10]https://aus01.safelinks.protection.outlo...
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:
[11]https://aus01.safelinks.protection.outlo...
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.
-------------------------------------------------------------------
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IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
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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
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References
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2. mailto:[NDIA request email]
6. mailto:[FOI #12906 email]
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8. mailto:[FOI #12906 email]
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10. https://www.righttoknow.org.au/change_re...
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Dear foi,
Ordinarily I would agree to the extension but I would like the documents in the timeframe. I’d prefer OAIC review of deemed refusal to be available in 30 days not 60.
You’re welcome to apply to OAIC for extension but I understand understaffing is not an accepted reason
May I suggest NDIA does not seek an extension, plugs away at it, and hopefully the NDIA decision, albeit out of time, is before the OAIC gets to it
Yours sincerely,
Me
Dear Me
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require this in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Thank you.
Kind regards
Kate (KIM627)
A/Assistant Director – Freedom of Information
Non Personals Team
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E: [2][NDIA request email]
[3]Title: NDIS delivered by the National Disability Insurance Agency
[4]LGBTIQA+ rainbow graphic
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.
[5]Aboriginal and Torres Strait Islander flags graphic
-----Original Message-----
From: Me <[6][FOI #12906 email]>
Sent: Thursday, 13 March 2025 7:00 PM
To: foi <[7][NDIA request email]>
Subject: Re: FOI 24/25-1481 – Your request for information –
Acknowledgement & Extension of Time [SEC=OFFICIAL]
[You don't often get email from
[8][FOI #12906 email]. Learn why this is
important at [9]https://aka.ms/LearnAboutSenderIdentific... ]
Dear foi,
Ordinarily I would agree to the extension but I would like the documents
in the timeframe. I’d prefer OAIC review of deemed refusal to be available
in 30 days not 60.
You’re welcome to apply to OAIC for extension but I understand
understaffing is not an accepted reason
May I suggest NDIA does not seek an extension, plugs away at it, and
hopefully the NDIA decision, albeit out of time, is before the OAIC gets
to it
Yours sincerely,
Me
-----Original Message-----
Dear Me
Freedom of Information Request: Acknowledgement
Thank you for your request of 8 March 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:
“ I request a list of all conditions/diagnoses (however described) that
must be referred to TAB before an application that includes at least one
of those conditions/diagnoses can be approved (that is, ‘access met’).”
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?
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 9 March 2025. This
30-day period expires on 7 April 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. 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 7 May
2025.
If you do not agree and we are unable to process your request within the
30-day period expiring on 7 April 2025, we will be deemed to have refused
your request and you will not have a right to seek internal review of that
decision. You will, however, retain your right to external review by the
Australian Information Commissioner.
Please let us know if you agree by 18 March 2025.
Disclosure Log
Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.
If you have any concerns about the publication of the documents you have
requested, please contact me.
Next steps
Your request will be allocated to an authorised FOI decision-maker. 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 [1][NDIA request email].
Regards
Mykal
Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
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.
[5]Aboriginal and Torres Strait Islander flags graphic
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[10][FOI #12906 email]
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:
[11]https://aus01.safelinks.protection.outlo...
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.
-------------------------------------------------------------------
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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. mailto:[NDIA request email]
2. mailto:[NDIA request email]
4. https://intranet.ndiastaff.ndia.gov.au/h...
6. mailto:[FOI #12906 email]
7. mailto:[NDIA request email]
8. mailto:[FOI #12906 email]
9. https://aka.ms/LearnAboutSenderIdentific...
10. mailto:[FOI #12906 email]
11. https://www.righttoknow.org.au/help/offi...
Dear National Disability Insurance Agency,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of National Disability Insurance Agency's handling of my FOI request 'NDIA technical advisory referral list'.
Thank you for the timely decision
I understand the reasoning about supports. I’m not after the information on level of supports. I’m interested in the list of conditions. If I’m an assessor, what conditions am I required to send to TAB and/or get TAB’s advice on before approving?
To respond to this request in compliance with the FOI Act NDIA could create a list to disclose (as this doesn’t have information about supports) or redact the document found so the information on level of support isn’t disclosed but the rest is
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/n...
Yours faithfully,
Perfectly Normal Applicant
Dear Perfectly Normal Applicant
Freedom of Information Internal Review Request: Acknowledgement
Thank you for your request of 21 March 2025, made under the Freedom of
Information Act 1982 (FOI Act), for an internal review of the decision
made for FOI matter 24/25-1481.
Processing timeframes
A 30-day statutory period for processing your request commenced from 22
March 2025. You should therefore expect a decision from us by 20 April
2025.
Further Help
Please contact us at [1][NDIA request email] if you have any questions or need
help with this FOI matter.
We will contact you using the email address you have provided. Please
advise us if you would prefer us to use another means of contact.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
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.
[5]Aboriginal and Torres Strait Islander flags graphic
-----Original Message-----
From: Perfectly Normal Applicant
<[FOI #12906 email]>
Sent: Friday, 21 March 2025 1:37 PM
To: foi <[NDIA request email]>
Subject: Internal review of Freedom of Information request - NDIA
technical advisory referral list
Dear National Disability Insurance Agency,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of National Disability
Insurance Agency's handling of my FOI request 'NDIA technical advisory
referral list'.
Thank you for the timely decision
I understand the reasoning about supports. I’m not after the information
on level of supports. I’m interested in the list of conditions. If I’m an
assessor, what conditions am I required to send to TAB and/or get TAB’s
advice on before approving?
To respond to this request in compliance with the FOI Act NDIA could
create a list to disclose (as this doesn’t have information about
supports) or redact the document found so the information on level of
support isn’t disclosed but the rest is
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[6]https://aus01.safelinks.protection.outlo...
Yours faithfully,
Perfectly Normal Applicant
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #12906 email]
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:
[8]https://aus01.safelinks.protection.outlo...
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
**********************************************************************
References
Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
6. https://www.righttoknow.org.au/request/n...
7. mailto:[FOI #12906 email]
8. https://www.righttoknow.org.au/help/offi...
Dear Perfectly Normal Applicant
Thank you for your request for information.
Please find attached correspondence and documents in relation to your
request. If you require these in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Thank you.
Kind regards
Patrick
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E: [2][NDIA request email]
[3]Title: NDIS delivered by the National Disability Insurance Agency
[4]LGBTIQA+ rainbow graphic
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.
[5]Aboriginal and Torres Strait Islander flags graphic
From: foi <[NDIA request email]>
Sent: Friday, 28 March 2025 1:58 PM
To: 'Perfectly Normal Applicant'
<[FOI #12906 email]>
Cc: foi <[NDIA request email]>
Subject: IR 24/25-021 - Your request for internal review - Acknowledgement
[SEC=OFFICIAL]
Dear Perfectly Normal Applicant
Freedom of Information Internal Review Request: Acknowledgement
Thank you for your request of 21 March 2025, made under the Freedom of
Information Act 1982 (FOI Act), for an internal review of the decision
made for FOI matter 24/25-1481.
Processing timeframes
A 30-day statutory period for processing your request commenced from 22
March 2025. You should therefore expect a decision from us by 20 April
2025.
Further Help
Please contact us at [6][NDIA request email] if you have any questions or need
help with this FOI matter.
We will contact you using the email address you have provided. Please
advise us if you would prefer us to use another means of contact.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E [7][NDIA request email]
[8]NDIA logo
[9]LGBTIQA+ rainbow graphic
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.
[10]Aboriginal and Torres Strait Islander flags graphic
-----Original Message-----
From: Perfectly Normal Applicant
<[11][FOI #12906 email]>
Sent: Friday, 21 March 2025 1:37 PM
To: foi <[12][NDIA request email]>
Subject: Internal review of Freedom of Information request - NDIA
technical advisory referral list
Dear National Disability Insurance Agency,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of National Disability
Insurance Agency's handling of my FOI request 'NDIA technical advisory
referral list'.
Thank you for the timely decision
I understand the reasoning about supports. I’m not after the information
on level of supports. I’m interested in the list of conditions. If I’m an
assessor, what conditions am I required to send to TAB and/or get TAB’s
advice on before approving?
To respond to this request in compliance with the FOI Act NDIA could
create a list to disclose (as this doesn’t have information about
supports) or redact the document found so the information on level of
support isn’t disclosed but the rest is
Yours faithfully,
Perfectly Normal Applicant
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[13][FOI #12906 email]
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:
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
**********************************************************************
References
Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
4. https://intranet.ndiastaff.ndia.gov.au/h...
6. mailto:[NDIA request email]
7. mailto:[NDIA request email]
11. mailto:[FOI #12906 email]
12. mailto:[NDIA request email]
13. mailto:[FOI #12906 email]
Dear foi,
Thanks for the on time review decision.
I have sought OAIC review MR25/00693
The review is primarily concerned with s 47E. At the same time, it's odd that the title or similar of the document is redacted under s 22. I request NDIA re-release the documents with the title disclosed (regardless of the outcome on s 47E).
Reasons given to OAIC:
Section 22(1)(a)(ii) on the title: if a document is within scope, it's not clear why the title (or header or similar) of that document is beyond scope or irrelevant. The title should not be redacted.
Section 47E(d): the public interest favours disclosure. Problems with the IR reasoning: (1) if I understand the NDIA's process correctly, only Access Assesors make decisions. TAPIB give advice, not make decisions. It is in the public interest to know what AAs rely on when making their decisions (such as TAPIB advice) because, if they don't know, how can they make an informed decision about seeking internal, merits, or judicial review? (2) the first dot point - that the public will know when TAPIB advice is required - is given as a negative outcome, but it doesn't disclose anything negative. Mere knowledge is not something that will bear against NDIA's proper and efficient functioning (3) what NDIA gives here as 'manipulate' is more correctly described as 'submit applications that more directly address mandatorily relevant considerations'. NDIA is functionally admitting that their decision-making process is a black box, and if prospective participants actually knew what went on inside that black box, it would undermine the scheme. This is the opposite of the objects of the FOI Act and the opposite of the implied requirement of procedural fairness in any statutory decision-making process, including the NDIA's process. Put another way: if a participant sought review in the ART, the ART would be given a copy of TAPIB's advice and the ART applicant would have a chance to be heard on it. There is no reason for this to be different for an application at first instance. (4) Unless the NDIA is suggesting disclosure will lead to an increase in fraud against the NDIA (which the decision doesn't say), then 'enhancing [their] application to the scheme' is a positive, because NDIA will be making a decision based on a more complete application. Alternatively, an enhanced application that does not meet the criteria will still fail (absent outright lies, that is fraud). The fraud would need assistance from bona fide health practitioners. The NDIA should not be permitted to assume fraud by the medical profession in order to justify non-disclosure. (5) 'Manipulating' an application to exclude the need for TAPIB advice is an illogical argument. To exclude the need for TAPIB advice, the applicant would need to say they didn't have, or not include, a particular diagnosis/condition. That makes their application less likely to succeed, not more. (6) NDIA failed to take into account as a factor in favour that public disclosure will enable better quality applications (more evidence on relevant points) and, as a result, the NDIA will need to spend less time and resources assessing those applications (7) disclosing how the sausage is made is only a problem if the NDIA isn't making sausages properly. Scrutinising NDIA's internal sausage-making process is an express purpose of the FOI Act. (8) non-disclosure will result in unfair refusals to the scheme and undermine the scheme's integrity by the obvious inequity in how the scheme is administered (9) this is no different to the NDIA's public lists. The NDIA doesn't keep it a secret which diagnoses will help you to meet NDIA Act s 24. The TAPIB advice list is the same type of list, just for a different part of the process
Yours sincerely,
Perfectly Normal Applicant