Request for internal NDIA guidance on how planners assess FASD-related impairments, symptoms, and risk when determining eligibility and funding under the NDIS
Dear National Disability Insurance Agency,
I request access under the Freedom of Information Act 1982 to documents held by the National Disability Insurance Agency (NDIA).
Specifically, I seek:
1. All internal NDIA guidance documents, assessment tools, training materials, or decision-making resources from 1 January 2020 to present that relate to the assessment, interpretation, or eligibility determination of Fetal Alcohol Spectrum Disorder (FASD) as a disability under the NDIS.
2. Any documents outlining how NDIA planners and delegates are instructed to distinguish between behavioural or psychosocial impairments arising from FASD (e.g. dysregulation, aggression, impulsivity, executive dysfunction) and those considered the responsibility of mainstream mental health services.
3. Any internal policy or procedural documents regarding how risk indicators or safeguarding needs—when directly linked to FASD-related impairments—are treated in eligibility, plan reassessment, or funding decisions.
4. Any correspondence, briefing notes, or internal reports that discuss FASD specifically in relation to:
- Interpretation of the six functional domains (communication, social interaction, learning, mobility, self-care, self-management)
- Justification of funded supports (especially in relation to Section 24 and 34 of the NDIS Act)
- Misattribution of FASD-linked impairments to mainstream services
This request is made in the public interest to improve transparency around how participants with FASD are assessed and supported under the Scheme, and to ensure consistency with evidence-based guidelines such as the Australian Guide to the Diagnosis of FASD and practice guidance provided by NOFASD Australia.
If any parts of this request require clarification or narrowing, I am willing to consult with your office.
Yours faithfully,
Hannah
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.
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 Hannah,
Freedom of Information Request: Acknowledgement
Thank you for your request of 14 June 2025, made under the Freedom of Information Act 1982 (FOI Act), for copies of documents/information held by the National Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
“ … I request access under the Freedom of Information Act 1982 to documents held by the National Disability Insurance Agency (NDIA).
Specifically, I seek:
1. All internal NDIA guidance documents, assessment tools, training materials, or decision-making resources from 1 January 2020 to present that relate to the assessment, interpretation, or eligibility determination of Fetal Alcohol Spectrum Disorder (FASD) as a disability under the NDIS.
2. Any documents outlining how NDIA planners and delegates are instructed to distinguish between behavioural or psychosocial impairments arising from FASD (e.g. dysregulation, aggression, impulsivity, executive dysfunction) and those considered the responsibility of mainstream mental health services.
3. Any internal policy or procedural documents regarding how risk indicators or safeguarding needs—when directly linked to FASD-related impairments—are treated in eligibility, plan reassessment, or funding decisions.
4. Any correspondence, briefing notes, or internal reports that discuss FASD specifically in relation to:
- Interpretation of the six functional domains (communication, social interaction, learning, mobility, self-care, self-management)
- Justification of funded supports (especially in relation to Section 24 and 34 of the NDIS Act)
- Misattribution of FASD-linked impairments to mainstream services...”
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory period for processing your request commenced from 15 June 2025. This 30-day period expires on 14 July 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 13 August 2025.
Please let us know if you agree by COB Monday 23 June 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
1. Can I please request a response regarding our request for a 30 day extension of time, by COB Monday 23 June 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].
Regards,
Saoirse
Dear FOI Team,
Thank you for your update and acknowledgment of my request.
I confirm that I agree to the 30-day extension under section 15AA of the FOI Act, noting the revised due date of 13 August 2025.
I also confirm that surnames and contact details of NDIA staff members are not relevant to my request and may be redacted as permitted under section 22.
I appreciate the preliminary work undertaken to date and trust that this request—given its significance to evidence-based, multidisciplinary support for individuals with FASD—will be prioritised accordingly.
Kind regards,
Hannah
Dear Hannah
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Heather (UFG97)
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
References
Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
Dear Hannah
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Heather (UFG97)
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
References
Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
Dear Hannah
Re: FOI 24/25-2251
I refer to the above-mentioned matter and attached correspondence dated 25
July 2025.
As we have not received a response from you to date this FOI request is
taken to have been withdrawn pursuant to section 24AB(7) of the FOI Act as
outlined in the attached correspondence.
It is open to you to make a new FOI request for the information you are
seeking, however please keep in mind our advice in the attached
correspondence regarding the scope of your request should you do so.
Please contact us at [1][NDIA request email] if you have any questions or
require help in submitting a new FOI request.
Kind regards
Heather (UFG97)
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
Sent: Friday, 25 July 2025 5:50 PM
To: '[FOI #13289 email]'
<[FOI #13289 email]>
Cc: foi <[NDIA request email]>
Subject: FOI 24/25-2251 – Communication – Request for Consultation 24AB –
RESPONSE REQUIRED [SEC=OFFICIAL]
Dear Hannah
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know.
Please contact us at [6][NDIA request email] if you have any questions or
require help.
Kind regards
Heather (UFG97)
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
References
Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
6. mailto:[NDIA request email]
7. mailto:[NDIA request email]
Dear Hannah
Re: FOI 24/25-2252
I refer to the above-mentioned matter and attached correspondence dated 25
July 2025.
As we have not received a response from you to date this FOI request is
taken to have been withdrawn pursuant to section 24AB(7) of the FOI Act as
outlined in the attached correspondence.
It is open to you to make a new FOI request for the information you are
seeking, however please keep in mind our advice in the attached
correspondence regarding the scope of your request should you do so.
Please contact us at [1][NDIA request email] if you have any questions or
require help in submitting a new FOI request.
Kind regards
Heather (UFG97)
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
From: foi <[NDIA request email]>
Sent: Friday, 25 July 2025 5:49 PM
To: '[FOI #13289 email]'
<[FOI #13289 email]>
Cc: foi <[NDIA request email]>
Subject: FOI 24/25-2252 – Communication – Request for Consultation 24AB –
RESPONSE REQUIRED [SEC=OFFICIAL]
Dear Hannah
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know.
Please contact us at [6][NDIA request email] if you have any questions or
require help.
Kind regards
Heather (UFG97)
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
References
Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
6. mailto:[NDIA request email]
7. mailto:[NDIA request email]