OAIC — Freedom of Information request | FOI release material

Our reference: FOI 25/26-0804 OAIC reference: MR26/01790

GPO Box 700 Canberra ACT 2601 1800 800 110

ndis.gov.au

21 August 2026

By email: foi+request-13737-38ad81aa@righttoknow.org.au

Dear T,

Freedom of Information request Notice of revised decision under section 55G of the Freedom of Information Act 1982

Thank you for your correspondence of 26 May 2025, 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 revised decision on your request.

Scope of your request

You have requested access to the following documents:

“…In particular, I request:

Internal documents that outline the rationale or criteria used to determine when psychology supports will or will not be funded under the Capacity Building Supports category (for all participants).

Internal documents that discuss the consideration of the Medicare Better Access initiative as an alternative to NDIS-funded psychology supports.

Internal documents specifically addressing the funding of psychology supports for autistic participants…”

Extension of time

On 3 October 2025 you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 27 November 2025 the new date to provide you with a decision on access.

Processing period

The original due date for our access decision on your FOI request was 27 November 2025. As we have outlined in our correspondence to you, we have been experiencing processing delays and were not able to provide you with our decision by the due date. Consequently, your application was regarded as a deemed refusal under section 15AC of the FOI Act. We do sincerely apologise for this.

We note that you have now applied to the Office of the Australian Information Commissioner (OAIC) for a review by the Information Commissioner (IC) of our deemed refusal.

Revised decision under section 55G

Section 55G(1)(a) of the FOI Act provides that at any time during an IC review, an Agency may vary an access refusal decision in favour of the applicant by giving access to documents in accordance with the request (revised decision).

Section 55G(2) provides that an Agency must notify the IC of the revised decision, and that decision becomes the decision under review.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act, including revised decisions under s55G of that Act. My revised decision on your request and the reasons for my decision are set out below.

I have identified 2 document which falls within the scope of your request.

The document was 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.

Section 17(1)(c) of the FOI Act provides that an agency can produce a written document containing the requested information, by the use of a computer or other equipment that is ordinarily available for retrieving or collating stored information. We have been able to produce documents containing some of the information you requested. I have, therefore, treated your request as if it were a request for access to those documents in accordance with section 17(1)(c) of the FOI Act.

I have decided to: • grant access to 1 document in full

• grant access to 1 document in part

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

• the notice of IC review

• factors relevant to my assessment of whether or not disclosure would be in the public interest

• the NDIA’s operating environment and functions.

Access to edited copies with exempt or irrelevant material deleted (section 22)

I have identified that Document 1 contains material that is irrelevant to your request. The irrelevant material relates to names and contact details of NDIA staff.

In accordance with section 22 of the FOI Act, I have considered whether it is possible to delete the exempt and irrelevant material from the documents and have concluded that it is reasonably practicable to do so. Accordingly, I have prepared an edited copy of the documents with the exempt and irrelevant material removed.

Reasons for decision Personal privacy (section 47F)

Section 47F of the FOI Act conditionally exempts a document(s) if its disclosure would involve the unreasonable disclosure of personal information about any person (including a deceased person).

I have identified material in the documents falling within scope of your request which contains personal information of a third party / third parties.

The conditionally exempt material contains references to the middle and last names staff members which have not previously been disclosed to you.

Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents would involve unreasonable disclosure of personal information, regard must be had to:

a. the extent to which the information is well known;

b. whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the document;

c. the availability of the information from publicly accessible sources; and

d. any other matters that the agency considers relevant.

Against these criteria, I take the view that:

a. it is apparent from the information that an individual is identifiable; and

b. the information referred to above is not readily available from publicly accessible sources.

With reference to the assessment above, it would be unreasonable to disclose publicly this personal information and is therefore conditionally exempt under section 47F(1) of the FOI Act.

Public interest considerations – section 47F

Section 11A(5) of the FOI Act provides that access to a document covered by a conditional exemption must be provided unless disclosure would be contrary to the public interest.

I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI Act in making this decision.

In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI Act, and I have determined that disclosure of the relevant information in Document 1 would promote the objects of the FOI Act by providing access to documents held by the government and providing access to information relating to the participant.

Against disclosure, I consider that disclosure of the relevant information in Document redacted XX:

• would not contribute to the publication of information of sufficient public interest to justify the likely harm caused by release

• would not enhance Australia’s representative democracy in the ways described in section 11B(3) of the FOI Act

• would not inform any debate on a matter of public importance, or promote oversight of public expenditure.

While there is limited public interest in the disclosure of information conditionally exempt under section 47F of the FOI Act, the harm that would result from disclosure is that it could reasonably be expected to:

• affect an individual’s right to privacy by having their personal information in the public domain

In summary, I am satisfied that the factors against disclosure of the information outweigh the factors in favour of disclosure and that, on balance, it would be contrary to the public interest to release this information to you. Accordingly, I have decided that the relevant information in Document 1 is exempt under section 47F of the FOI Act.

Release of documents

The documents for release, as referred to in the Schedule of Documents at Attachment A, are enclosed.

In accordance with section 55G(2) of the FOI Act, I will be providing the IC with a copy of this revised decision.

If you determine that you are satisfied with this revised decision and do not require this decision to be reviewed further by the IC, please let the Agency and the OAIC know.

If you would like clarification on any aspect of my decision, please do not hesitate to contact me by email at foi@ndis.gov.au.

Yours sincerely

Kate G [KGN680] Senior Freedom of Information Officer Parliamentary, Ministerial & FOI Branch Government Division

Attachment A

Schedule of Documents for FOI 25/26-0804 | MR26/01790

Document number	Page number	Description	Access Decision	Comments
1	1 – 4	Cognitive Behaviour Therapy for Emotional Regulation in Children with Autism Date: 17 October 2022	PARTIAL ACCESS Exemption claimed: s47F – personal privacy	Irrelevant material removed under section 22 of the FOI Act
2	5 - 19	Dialectical Behaviour Therapy Date: DD Month YYYY	FULL ACCESS