Our reference: FOI 24/25-1035
GPO Box 700 Canberra ACT 2601 1800 800 110 11 April 2025 ndis.gov.au
Emily Lacey
By email: foi+request-12658-9db96103@righttoknow.org.au
Dear Emily Lacey
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 20 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:
„…A list of Administrative Review Branch “Case Management Guide” document titles/details were released under FOI 24/25-0142. I am requesting a copy of the following documents from that list:
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided [sic] that finalised version) –
Document title: Case Management Guide: Compensation
File name: NDIA-ARB-GDE-008-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
- (Please provide the document in full) –
Document title: AAT Case Management Guide: Support Workers - Activities Daily Living (ADL)
File name: NDIA-AAT CM-GDE-009-FINAL
Date Created: January 2023
Date Published: January 2023
Status: FINAL
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Support Workers - Activities Daily Living (ADL)
File name: NDIA-ARB-GDE-009-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Home & Living
File name: NDIA-ARB-GDE-014-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Vehicle Modifications
File name: NDIA-ARB-GDE-015-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Home Modifications
File name: NDIA-ARB-GDE-016-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Community Supports
File name: NDIA-ARB-GDE-026-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Transport
File name: NDIA-ARB-GDE-005-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Plan Management
File name: NDIA-ARB-GDE-018-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Decision Making
File name: NDIA-ARB-GDE-037-DRAFT
Date Created: September 2024
Date Published:
Status: DRAFT
- Please ensure that you provide the most recent version of each file in my request.
If there are any external links within the files, please don’t deactivate them as part of your processing of the documents for release.
I agree for the surnames and contact details of any staff to be redacted.”
Extension of time
A 30-day statutory period for processing your request commenced from 21 December 2024 in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was 19 January 2025. I note this time has lapsed and as a result we are deemed to have refused your request 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.
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 10 documents, which fall within the scope of your request.
The documents were identified by consulting the NDIA’s Legal Practice and Capability Branch who conducted searches of NDIA’s systems, using all reasonable search terms that could return documents relevant to your request.
I have decided to grant access to 10 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
- the FOI Guidelines published under section 93A of the FOI Act and
- consultation with relevant NDIA staff.
I note that we have also consulted with the Legal Practice and Capability Team to ascertain the expected finalisation and endorsement dates for the draft versions of some of the documents we are providing. The Legal Practice and Capability Team has advised that they are unable to anticipate a date for the finalisation of the draft Case Management Guides identified in the request. That date is heavily dependent on the capacity, priorities, and other
developments in various business areas with which the Legal Practice and Capability Team is engaged in consultation.
Furthermore, these Guides constitute operational information within the meaning of section 8A of the FOI Act, such that they cannot be exempted from release. It should also be noted that the drafts reflect updates to existing guidance, without seeking to establish a new process.
Release of documents
The documents for release, as referred to in the Schedule of Documents at Attachment A, are enclosed.
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 foi@ndis.gov.au.
Yours sincerely
Kate (KIM 627) A/g Assistant Director – Freedom of Information Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 24/25-1035
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-6 | Case Management Guide – Compensation Undated |
FULL ACCESS |
| 2 | 7-9 | AAT Case Management Guide – Support Workers Activities Daily Living (ADL) Date: 4 January 2023 |
FULL ACCESS |
| 3 | 10-12 | Case Management Guide – Support Workers Activities Daily Living (ADL) Date: October 2024 |
FULL ACCESS |
| 4 | 13-17 | Case Management Guide – Home and Living Undated |
FULL ACCESS |
| 5 | 18-21 | Case Management Guide – Vehicle Modifications Date: 29 November 2024 |
FULL ACCESS |
| 6 | 22-24 | Case Management Guide – Home Modifications Date: 29 November 2024 |
FULL ACCESS |
| 7 | 25-28 | Case Management Guide – Community Supports Undated |
FULL ACCESS |
| 8 | 29-32 | Case Management Guide – Transport Supports for Adult Participants Date: 28 October 2024 |
FULL ACCESS |
| 9 | 33-34 | Case Management Guide – Plan Management | FULL ACCESS |
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| Date: October 2024 | |||
| 10 | 35-38 | Case Management Guide – Decision Making Date: October 2024 |
FULL ACCESS |
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.