Our reference: FOI 24/25-1819 (LEX ID 285)
GPO Box 700 Canberra ACT 2601 1800 800 110
ndis.gov.au
15 July 2025
Knowledge Seeker
By email: foi+request-13062-2d96e966@righttoknow.org.au
Dear Knowledge Seeker
Your Freedom of Information request — Notification of Decision
Thank you for your correspondence of 20 April 2025, in which you requested 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 documents about the National Disability Insurance Scheme (NDIS). Specifically, you requested access to:
“… current versions of any internal or otherwise non-public policies or guidance with regards to deciding if Anorexia can or should be approved in a plan
current versions of any internal or otherwise non-public policies or guidance with regards to deciding how much funding should be allocated for Anorexia in a plan once Anorexia has been approved to be in that plan
any correspondence (incl email, fax, etc.), including attachments if applicable, sent to an SES3 or higher that discuss whether and/or how Anorexia fits into the NDIS“
You have revised the scope of your request to be for the following documents:
“… 1. current versions of any internal or otherwise non-public policies or guidance with regards to deciding if Anorexia can or should be approved in a plan
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current versions of any internal or otherwise non-public policies or guidance with regards to deciding how much funding should be allocated for Anorexia in a plan once Anorexia has been approved to be in that plan.
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Any correspondence, including attachments if applicable, sent from 20 April 2020 to date of receipt of FOI applicant (20 April 2025) to the below NDIA staff, that discuss whether and/or how Anorexia fits into the NDIS
- Deputy CEO Service Design and Improvement
- Deputy CEO Children, Specialised Services and Scheme Interfaces“.
Expiration of time
The due date for providing you with a decision on your application was 20 May 2025, I apologise for the delay.
As we were not able to complete your application by the legislated due date, we are regarded as having refused your application under section 15AC of the FOI Act. Despite this, I have continued to process your application. I confirm that you retain your right to seek external review of this decision. Your review rights are set out in Attachment A to this letter.
Decision on access to documents
I am authorised to make decisions under the FOI Act. My decision on your request and the reasons for my decision are set out below.
Reasons for decision — Refuse a request for access (section 24A)
Section 24A of the FOI Act provides that an agency may refuse a request for access to a document if all reasonable steps have been taken to find the document and the agency is satisfied that the document cannot be found or does not exist.
Searches were conducted by the following business areas for documents relevant to the scope of your FOI request:
- Service Design
- Service Delivery
- Technical Advice and Practice Improvement Branch (TAPIB)
Despite these efforts, no documents were identified that fall within the scope of your request.
Additionally, I requested the Data Branch conduct a targeted search in relation to point 3 of your revised scope. This search focused on email communications from or to the Deputy CEO Service Design and Improvement and the Deputy CEO Children, Specialised Services and Scheme Interfaces, within the date range of 20 April 2020 to 20 April 2025, using the keyword “Anorexia.” I have reviewed all emails resulting from this search and confirm that no emails relevant to your request were identified.
I have, therefore, decided to refuse access to your request in accordance with section 24A(1)(b)(ii) of the FOI Act on the basis that the document to which you seek access cannot be located or does not exist
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment A. Please contact us at foi@ndis.gov.au if you have any questions or require help.
Yours sincerely
Kate (KIM627) A/Assistant Director — Freedom of Information Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Your review rights
As we are deemed to have refused your request, you do not have a right to internal review of this decision However, if you would like to discuss 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.