NDIS information/advice to officials about intensive early investment/intervention/therapy

Response to this request is delayed. By law, National Disability Insurance Agency should normally have responded promptly and by (details)

Bob Buckley (A4 Co-convenor)

Dear National Disability Insurance Agency,

Shortly before 27/9/2025, a NDIS Early Childhood Practitioner for the Perth South Metro region wrote an email to a parent of a young autistic NDIS participant that said:
• “current available research does not show that the requested level of intensive ABA therapy support is more beneficial than evidence-based therapy”
• “It would also not be considered a reasonable expectation for a child to be able to engage with and process therapy at such a high frequency”
Under the provisions of the Freedom of Information Act 1982, please provide all information, training, and advisory material that the NDIS has given to its NDIS Early Childhood Practitioners since 2021 relating to Applied Behaviour Analysis (ABA) or any other intensive therapy (early investment/intervention) for NDIS participants up to 18 years of age. I am especially interested in material the NDIS provided that may underpin the information above that was sent to a NDIS participant.

Yours faithfully,
Bob Buckley (A4 Co-convenor)

foi, National Disability Insurance Agency

3 Attachments

Dear Bob Buckley,

 

Freedom of Information Request: Acknowledgement & Extension of Time
Request

 

Thank you for your request of 22 October 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:

 

“ …Under the provisions of the Freedom of Information Act 1982, please
provide all information, training, and advisory material that the NDIS has
given to its NDIS Early Childhood Practitioners since 2021 relating to
Applied Behaviour Analysis (ABA) or any other intensive therapy (early
investment/intervention) for NDIS participants up to 18 years of age. I am
especially interested in material the NDIS provided that may underpin the
information above that was sent to a NDIS participant..."

 

Processing Timeframes 

 

In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 23 October 2025. This
30-day period expires on 21 November 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 21 December 2025. 

 

Please let us know if you agree by 5pm Friday 21 November 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).

 

Action Required

 

Can I please request a response regarding our request for a 30-day
extension of time, by 5pm Friday 21 November 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 [1][NDIA request email].

 

Kind regards, 

 

 

Beau

Freedom of Information Officer

Information Access and Privacy
Reviews and Information Release Division

National Disability Insurance Agency

E [2][NDIA request email]

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show quoted sections

Bob Buckley (A4 Co-convenor)

Dear foi,
I decline your request for a 30-day extension.
Your request for an extension gives as the reason to "preserve your review rights under the FOI Act".
In my experience, the right to internal review is pointless so not worth preserving.
I doubt this affects my right to external review so it is misleading to imply that would even be affected.

Yours sincerely,
Bob Buckley (A4 Co-convenor)