Our reference: FOI 25/26-0886 [LEXD 10391]
GPO Box 700
Canberra ACT 2601
1800 800 11014 April 2026 ndis.gov.au
David Wright
By email: redacted: foi+request-13797-bbd56cf7@righttoknow.org.au
Dear David Wright
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 6 October 2025 , 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:
“An article published on 4 October by Rick Morton in the Saturday Paper, entitled ‘Algorithm to be used for NDIS plans’ states:
“The National Disability Insurance Agency is expected to release its new therapy support guideline. The guideline, seen by The Saturday Paper, will now prevent participants from using NDIS funds to gather reports from treating therapists an expensive exercise by making these funds “stated” amounts in their plans. Under the NDIS legislative reform, stated supports can only be spent as directed by the agency.”
Please provide a copy of this new therapy support guideline. If the guideline is still in draft form, please provide just the most recent draft version of it.”
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 6 October 2025, the original due date for your request was 5 November 2025.
1On 8 October 2025, you agreed via email to a 30-day extension of time under section 15AA of the FOI Act, making 5 December 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 A 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 and PracticeAs a result of this search, one (1) document was located.
On 17 March 2026, I emailed you and provided you with a copy of this document as it is publicly available. I noted that the Agency has no way to verify which guideline The Saturday Paper viewed but provided a quote from the current Therapy Supports Guideline around therapy assessments.
As I have not received a response to this email, and you have not indicated that you wish to withdraw your request, I am considering the document located to be the document within the scope of your request.
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 1 document
2Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment A.
Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.
Yours sincerely
Patrick (PHO293) Senior Freedom of Information Officer Information Access and Privacy Branch Reviews and Information Release Division
3Attachment A
Freedom of Information request – Your review rights
Internal review
The FOI Act gives you the right to apply for an internal review of this decision. The review will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for review, in writing, within 30 days of receiving this letter.
No particular form is required for an application for internal review, but to assist the review process, you should clearly outline your grounds for review (that is, the reasons why you disagree with the decision). Applications for internal review can be lodged by email to foi@ndis.gov.au, or sent by post to:
Freedom of Information Section
Information Access and Privacy Branch
Reviews and Information Release Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601Review by the Office of the Australian Information Commissioner
The FOI Act also gives you the right to apply for the Office of the Australian Information Commissioner (OAIC) to seek a review of this decision.
If you wish to have the decision reviewed by OAIC, you may apply for the review in writing, or by using the online merits review application form which is available on the OAIC’s website, within 60 days of receiving this letter: OAIC Review Application Form.
Applications for review can be lodged with the OAIC in the following ways:
Online: OAIC Review Application Form
Post: Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email: enquiries@oaic.gov.au
Phone: 1300 363 992 (local call charge)
Website: www.oaic.gov.au
4Complaints to the Office of the Australian Information Commissioner or the
Commonwealth Ombudsman
You may complain to either the Commonwealth Ombudsman or the OAIC about the 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 provided above.
Your complaint to the Ombudsman can be directed to:
Phone: 1300 362 072 (local call charge)
Email: ombudsman@ombudsman.gov.au
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