Our reference: FOI 24/25-0953
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
28 February 2025
Clementine Saber
Right to Know
By email: foi+request-12571-c53a6d33@righttoknow.org.au
Dear Clementine Saber
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 13 December 2024, in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You have requested access to the following documents:
“I’m writing to request access to documents under the Freedom of Information Act 1982:
(1). All knowledge articles and standard operating procedures on Replacement Supports. Please provide the most recent version of each document, whether this is a final or draft version. If it is a draft please include any comments or tracked changes for the document.
(2). All internal documents which decision-makers can consult during the decision-making process that list, provide examples, or otherwise outline what is (or is not) typically or definitively considered an NDIS Replacement Support.
Please include all identified documents in full. I consider all parts of a document to be relevant, except the surnames and contact details of staff, which can be removed.“
Delivered by the
National Disability Insurance Agency
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Processing period
We have been experiencing processing delays and were not able to provide you with our decision by the due date. Consequently, we are deemed to have refused your application under section 15AC of the FOI Act. I sincerely apologise for the delay in releasing this decision to you.
We have continued processing your request. In the interests of not causing any further delays, I have decided not to apply for an extension to the processing period from the Office of the Australian Information Commissioner (OAIC) under section 15AC of the FOI Act to protect your internal review rights. However, your right to apply for an external review with the Office of the Australian Information Commissioner remains protected. Please see Attachment B for more information about your rights of review.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your request and the reasons for my decision are set out below.
I have identified 3 documents, which fall within the scope of your request.
These documents were identified by conducting searches of NDIA’s systems, using all reasonable search terms that could return documents relevant to your request, and consulting with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request.
I have decided to grant access to 3 documents in full
In reaching my decision, I took the following into account:
- your correspondence outlining the scope of your request
- the nature and content of the documents falling within the scope of your request
- the FOI Act
- consultation with relevant NDIA staff
- factors relevant to my assessment of whether or not disclosure would be in the public interest
- the NDIA’s operating environment and functions.
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Release of documents
The documents for release, as referred to in the Schedule of Documents at Attachment A, are enclosed. Further Information that may be of interest can be found on the NDIA Website [Creating your plan | NDIS](https://ndis.gov.au) and [Reviewing our decisions | NDIS](https://ndis.gov.au).
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment B.
Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at redacted: s47F- personal privacy.
Yours sincerely
Lia (LML799)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Schedule of Documents for FOI 24/25-0953
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1-11 | Knowledge Article - Check criteria for a replacement support application – Version 1.0 Date: 09/10/2024 |
FULL ACCESS | |
| 2 | 12-26 | Knowledge Article - Create and action a request for a replacement support – Version 1.0 Date: 01/10/2024 |
FULL ACCESS | |
| 3 | 27-40 | Knowledge Article - Make fund management decision – Version 12.0 Date: 02/10/2024 |
FULL ACCESS |
Delivered by the
National Disability Insurance Agency
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Attachment B
Your review rights
As this matter was a deemed refusal, internal review of this decision is not an option. However, if you have concern with any aspect of this decision, please contact the NDIA FOI team by email foi@ndis.gov.au or by post:
Freedom of Information Section
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act gives you the right to apply to the Office of the Australian Information Commissioner (OAIC) to seek a review of this decision.
If you wish to have the decision reviewed by the OAIC, you may apply for the review, in writing, or by using the online merits review form available on the OAIC’s website at www.oaic.gov.au, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
- Online: www.oaic.gov.au
- Post: GPO Box 5218, Sydney NSW 2001
- Email: enquiries@oaic.gov.au
- Phone: 1300 363 992 (local call charge)
Complaints to the Office of the Australian Information Commissioner or the Commonwealth Ombudsman
You may complain to either the Commonwealth Ombudsman or the OAIC about actions taken by the NDIA in relation to your request. The Ombudsman will consult with the OAIC before investigating a complaint about the handling of an FOI request.
Your complaint to the OAIC can be directed to the contact details identified above. Your complaint to the Ombudsman can be directed to:
- Phone: 1300 362 072 (local call charge)
- Email: ombudsman@ombudsman.gov.au
Your complaint should be in writing and should set out the grounds on which it is considered that the actions taken in relation to the request should be investigated.
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