Our reference: FOI 24/25-1885
GPO Box 700 Canberra ACT 2601 1800 800 110
30 July 2025 ndis.gov.au
Gemma Jones
By email: foi+request-13112-295f2464@righttoknow.org.au
Dear Gemma Jones
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 3 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 decision on your request.
Scope of your request
You have requested access to the following documents:
“Could you please provide information pertaining to the following: CSN Referral Process CSN Criteria for ECEI participants CYP criteria response and guidelines.”
Processing Timeframe
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 3 May 2025, the original due date for your request was 2 June 2025.
We have been experiencing processing delays and were not able to provide our decision to you 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 and thank you for your patience while we progressed your application.
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. Therefore, internal review of this decision is not an option. However, your right to apply for an external review with the OAIC remains protected. Please see Attachment B for more information about your rights of review
Searches conducted
A search was conducted by the Complex Support Needs Branch for documents that may fall within the scope of your FOI request. As a result of these searches 4 documents have been identified and determined to be within the scope of your request.
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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 decided to:
- Grant access in full to 3 documents
- Grant access in part to 1 document in accordance with section 22- Access to edited copies with exempt or irrelevant matter deleted on the grounds that the deleted material is considered exempt under 47E(d) – Public interest conditional exemptions – certain operations of agencies.
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, in particular section 22 (access to edited copies with exempt or irrelevant matter deleted), section 47E(D) (certain operations of an agency), 11A (conditionally exempt documents), 11B (public interest exemptions) and the Objects of the FOI Act as set out in section 3.
- the FOI Guidelines published under section 93A of the FOI Act, in particular part 6 which provides guidance on documents affecting certain operations of agencies and conditional exemptions.
- consultation with relevant NDIA staff
Access to edited copies with exempt or irrelevant material deleted (section 22)
Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a document where the agency has decided to refuse access to an exempt document or that to give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access.
I have identified that document 2 contains exempt information that could reasonably be expected to have a substantial adverse effect on the proper and efficient conduct of the operations of an agency. This information relates to internal methodologies.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to delete the exempt material from the document and have concluded that it is reasonably practicable to do so. Accordingly, I have prepared an edited copy of document 2 with the exempt material removed.
Reasons for decision
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act conditionally exempts a document if its disclosure would, or could reasonably be expected to, have a substantial adverse effect on the proper and efficient conduct of the operations of an agency.
Document 2 is the Complex Support Needs Referral Assessment Form used by agency staff to assess eligibility of participants to the Complex Support Needs (CSN) Pathway. The
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disclosure of this information would reveal methodologies the NDIA uses to assess against the criteria for eligibility to the CSN Pathway.
Any disclosure resulting in the prejudice of the effectiveness of the Agency’s operational methods and procedures would, or could reasonably be expected to, result in the need for the Agency to change those methods and procedures to ensure the future effectiveness and sustainability of the Agency and the Scheme.
I am satisfied that the release of this information is reasonably likely to result in the public disclosure of internal methodologies that, through improper use, would, or could, lead to a distortion of funding levels that would substantially and adversely affect the integrity of the NDIS and its financial sustainability. Accordingly, I have decided that some of the information contained in ‘Document 2’ is conditionally exempt under section 47E(d) of the FOI Act.
Public interest considerations – section 47E(d)
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 2 would:
- promote the objects of the FOI Act by providing access to documents held by the government.
- would contribute to the publication of information of limited public interest
- Would inform debate on a matter of limited public importance or promote oversight of public expenditure.
While there is limited public interest in the disclosure of information conditionally exempt under section 47E(d) of the FOI Act, the harm that would result from disclosure is that it could reasonably be expected to:
- provide the world at large the criteria and threshold for decisions on the CSN Pathway, which could be used to manipulate justifications / recommendations for participants
- risk the integrity of the decision-making framework used by agency staff in the provision of recommendations for participants to receive supports through the CSN Pathway
- hinder the ability of Agency decision-makers to comply with their obligations and make informed decisions, which, in turn, helps to ensure the financial stability and integrity of the National Disability Insurance Scheme
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 2 is exempt under sections 47E(d) of the FOI Act.
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.
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Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.
Yours sincerely
[Image not converted to Markdown – “Signature” – check the source PDF page for the actual content]
Emmanuel (EJC065) Assistant Director - Freedom of Information Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-1885
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1 - 3 | Attachment A: CSN referral and process Date: 8 July 2025 |
FULL ACCESS | |
| 2 | 4 - 8 | Complex Support Needs – Referral for Assessment Form Date: 8 July 2025 |
PARTIAL ACCESS Exemptions claimed: s47E(d) – certain operations of agencies |
Irrelevant material removed under section 22 of the FOI Act |
| 3 | 9 - 15 | Attachment C Children Living in statutory out of home care Date: 8 July 2025 |
FULL ACCESS | |
| 4 | 16 - 25 | Attachment D Support children and young people to remain in their family home Date: 8 July 2025 |
FULL ACCESS |
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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.