Our reference: FOI 24/25-1418
06 June 2025
David Wright Right to Know
By email: foi+request-12885-08e18f02@righttoknow.org.au
Dear David Wright
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 28 February 2025 (your correspondence), seeking access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).
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:
“(1) All knowledge articles and standard operating procedures about restrictions on flexible funding, and stated 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 regarding the inclusion of restrictions on flexible funding / stated supports in NDIS participant plans.”
Processing Timeframes
The FOI Act provides 30 calendar days for the processing of an FOI request after it is received. As your valid FOI request was received on 28 February 2025, the original due date for your request was 29 March 2025.
On 12 March 2025, you agreed via email to a 30-day extension of time under section 15AA of the FOI Act, making 29 April 2025 the new date to provide you with a decision on access.
As we were unable to provide you with a decision on your request by the legislated due date, your application is regarded as a deemed refusal under section 15AC of the FOI Act. Despite this, I have continued to process your application. I apologise for the delay and confirm that you retain your right to seek external review of this decision. Details are set out in Attachment C to this letter.
Searches conducted
Searches were conducted by the following business areas for documents relevant to the scope of your FOI request:
- Service Guidance
- Service Design and Improvement
- Technical Advice and Practice Improvement Branch
As a result of these searches, three (3) documents were located, these searches were undertaken between 07 May and 03 June 2025 and was overseen by senior staff.
Decision
I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on this FOI request.
I have decided to grant access in full to three (3) documents.
The decision in relation to each document is detailed in the schedule of documents at Attachment A.
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 fox@xxxx.xxx.xx.
Yours sincerely
Kate (KIM627) A/Assistant Director - Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 24/25-1418
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-31 | Operational Guidelines - Creating your plan Version 11.0 Date: 28 February 2025 |
FULL ACCESS |
| 2 | 32-56 | Operational Guidelines - Your Plan – Version 10.0 Date: 24 September 2024 |
FULL ACCESS |
| 3 | 57-66 | Knowledge Article - Understand the draft budget – Version 6.0 Date: 08 August 2024 |
FULL ACCESS |
*Please note that you have been provided with the most recent version of these guidelines up until the date of your FOI request 28 February 2025. Please refer to the NDIA website Operational Guidelines | NDIS where the most recent version of each guideline is published.
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.