Our reference: IR 25/26-040 / FOI 25/26-040 (LEXD 17357)
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au5 June 2026
By email: foi+request-14483-16953a2e@righttoknow.org.au
Dear Bob Buckley,
Freedom of Information request — Internal Review Decision
Thank you for your correspondence of 11 May 2026, in which you requested an internal review of the decision made by the National Disability Insurance Agency (NDIA) on 16 April 2026 (Original Decision), in relation to your request for access to documents under the Freedom of Information Act 1982 (FOI Act). The purpose of this letter is to provide you with a decision on your request for internal review.
Original Decision
On 16 April 2026, you were notified of the NDIA’s decision on request for information. That decision granted you access to 22 documents in full and one document in part.
In the original decision, deletions and redactions were applied under 47E(d) of the FOI Act.
Internal Review
You have requested on Internal Review on the following grounds:
The response you provided contains some relevant material however there are references to a document “Our Guidelines - Does your impairment substantially reduce your functional capacity?” that I could not find. It seem to be the key information that I have requested. Please provide a copy of that document. Also, none of the links in the PDF response that you provided seem to work. That means what you provided is not an accurate version of the information that the NDIS holds. Please provide versions of the information that include working links (links are a form of information and should be included in the response).
Relevant consideration
Your request for review questions the application of exemptions or the totality of documents provided and further requests that you be provided any additional relevant documents that may not have been included in your original decision bundle.
I am authorised to make internal review decisions under section 54C of that Act. As a review officer, I can decide all issues raised by an applicant’s FOI request and exercise all the powers available to the original decision maker. I am however, not bound in any way by the Original Decision and am required to make a fresh decision.
Search efforts
Searches for documents were conducted on the NDIS website: National Disability Insurance Scheme (NDIS)
Through my searches, I have located the documents linked to the original decision and provided PDF copies along with their online links in this Notice of Decision letter and the email accompanying this Decision letter.
I understand that you have also requested for a document referenced in several of the FOI documents you received, titled “Our Guidelines - Does your impairment substantially reduce your functional capacity?”
While this is a new FOI request, I must inform you that this document is no longer available on the NDIS website. The three documents referencing “Our Guidelines - Does your impairment substantially reduce your functional capacity?” are ‘Create a new functional capacity assessment case-v1’, last updated in December 2023; ‘Check eligibility – DIS – significant functional impact-v6’, last updated in July 2025; and ‘Access and ER Practice Guide NDIS Act 2013’, also last updated in July 2025.
Decision on your request for Internal Review
I have reviewed the original decision, and I have decided to affirm the original decision and to: • release the four documents that were hyperlinked to the original decision in PDF documentation in full.
In making my decision, I have considered the following:
• your correspondence in relation to your original request
• the Original Decision dated 16 April 2026
• your grounds for seeking an internal review of Original Decision
• the NDIA’s operating environment and functions
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI ActRelease of document
The documents for release, as referred to in the Schedule of Documents at Attachment A, is enclosed.
Rights of Review
I have set out your rights to seek a review of my decision at Attachment B.
If you would like to clarify any aspects of my decision, please do not hesitate to contact me via email as foi@ndis.gov.au.
If there is further information you wish to access, I invite you to make a fresh FOI request outlining the kind of information you wish to access.
If you have any questions in regards to this request, please contact the FOI Team on the above contact details.
Yours sincerely,
Parsa (PEI120) Senior Freedom of Information Officer Information Access and Privacy Branch Reviews and Information Release
Attachment A
Schedule of Documents for IR 25/26-040
| Document Number | Original Decision | Internal Review Decision |
|---|---|---|
| 1 | 1. Factsheet Eligibility reassessments Booklets and factsheets | NDIS: Eligibility reassessments: https://www.ndis.gov.au/publications/booklets-and-factsheets |
FULL ACCESS |
| 2 | 2. Our Guidelines - Applying to the NDIS Our guidelines | NDIS: Applying to the NDIS: https://www.ndis.gov.au/understanding-ndis/about-ndis/our-guidelines |
FULL ACCESS |
| 3 | 3. Our Guidelines - Leaving the NDIS Our guidelines | NDIS: Leaving the NDIS: https://www.ndis.gov.au/understanding-ndis/about-ndis/our-guidelines |
FULL ACCESS |
| 4 | 4. Our Guidelines - Early childhood approach Our guidelines | NDIS: Early childhood approach: https://www.ndis.gov.au/understanding-ndis/about-ndis/our-guidelines |
FULL ACCESS |
Attachment B
Your rights of review
Review by the Office of the Australian Information Commissioner
The FOI Act also 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