Substantially Reduced Functional Capacity
Dear National Disability Insurance Agency,
Under Section 24(1)(c) of the National Disability Insurance Scheme Act 2013, a person meeting the disability requirements for NDIS access must have impairment/s resulting in "substantially reduced functional capacity" in six specific areas.
In accordance with the provisions of the Freedom of Information Act 1982, please provide IN FULL all documents held by your Agency which are CURRENT, NON-PUBLICLY AVAILABLE, and address:
1. The exact data points which determine what the Agency accepts as "substantially reduced functional capacity" in each of the six areas mentioned in s24(1)(c): communication, social interaction, learning, mobility, self-care & self-management. (Example: The Agency has argued in ART that an individual who can crawl around their home has mobility).
2. The evidence base (including but not limited to high quality research and expert testimony) upon which the Agency determines the threshold for "substantially reduced functional capacity" in each of the six areas previously mentioned.
I agree to the exclusion of non-SES details and applicant/participant personal information, but consider the names and qualifications of experts (as per request 2) to be relevant to this request.
Yours faithfully,
Meran.
Dear Meran,
Freedom of Information Request: Acknowledgement & Extension of Time
Request
Thank you for your request of 8 November 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:
“In accordance with the provisions of the Freedom of Information Act 1982,
please provide IN FULL all documents held by your Agency which are
CURRENT, NON-PUBLICLY AVAILABLE, and address:
1. The exact data points which determine what the Agency accepts as
"substantially reduced functional capacity" in each of the six areas
mentioned in s24(1)(c): communication, social interaction, learning,
mobility, self-care & self-management. (Example: The Agency has argued in
ART that an individual who can crawl around their home has mobility).
2. The evidence base (including but not limited to high quality research
and expert testimony) upon which the Agency determines the threshold for
"substantially reduced functional capacity" in each of the six areas
previously mentioned."
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 November 2025. This
30-day period expires on 8 December 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 7 January 2026.
Please let us know if you agree by 13 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).
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 13 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,
Bree
Triage Officer – Triage and Early Resolution
Information Access and Privacy Branch
Reviews and Information Release Division
National Disability Insurance Agency
[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.
Dear foi,
I would like to formally note, for the public record, my disappointment that the standard response to all FOI requests from the NDIA at present appears to be requesting an extended timeframe, regardless of the information sought. As a government agency, it is not unreasonable to expect that the NDIA should endeavour to comply with its statutory timeframe for response under Freedom of Information legislation.
With that acknowledged, please be advised that I agree to the extension, and will expect the release of information as requested on or before 7th January 2026.
I also confirm that the surnames and contact details of NDIA staff are not relevant to my request, except in the circumstance that those staff members are being referenced as experts in relation to the specific information requested.
Yours sincerely,
Meran Byleveld