Freedom of Information request — Notice of Decision

Our reference: FOI 26/27-0106 (LEXD 25840)

GPO Box 700 Canberra ACT 2601 1800 800 110 10 September 2026 dis.gov.au

Meaz Right to Know

By email: foi+request-15044-8754d4fe@righttoknow.org.au

Dear Meaz

Thank you for your correspondence of 3 July 2026, 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 requested access to the following documents:

"Please provide access under the Freedom of Information Act 1982 to NDIA internal guidance about disability discrimination, reasonable adjustments and accessible service delivery. This request covers current and superseded documents available to NDIA staff from 1 January 2025 to the date of this request. Please include SOPs, knowledge articles, practice guides, checklists, templates and training material concerning:
 
 1. compliance with the Disability Discrimination Act 1992 and avoidance of direct,
 indirect and association discrimination.
  
 2. identifying, providing and recording reasonable adjustments for participants, children,
 parents, carers, nominees and representatives."

Page 2

Accessible Communication and Participation

accessible communication and participation for people affected by communication,

cognitive or psychosocial disability, trauma or vulnerability, including supported

decision-making.

 4. applying these obligations in planning, reassessment, internal review, complaints and

safeguarding, including recording adjustments requested, provided or refused and

reasons for refusal.

For each document, please include its title, version number, approval, publication and

effective dates, date last updated, document owner, version history, attachments and

linked guidance…“

On 29 August 2026, following a request consultation process under section 24AB of the FOI Act, you revised the scope of your request as follows:

  "…under the Freedom of Information Act 1982 to NDIA internal guidance about
     
     disability discrimination, reasonable adjustments and accessible service delivery.

  Please provide NDIA internal guidance that was current, operative or available to
     staff between 1 January 2026 and 30 June 2026 concerning:

    1. compliance with the Disability Discrimination Act 1992, including direct, indirect

  and association discrimination;

    2. identifying, providing and recording reasonable adjustments for participants,
    children, parents, carers, nominees and representatives;

    3. accessible communication, participation and supported decision-making, including
  where communication, cognitive or psychosocial disability, trauma or vulnerability is
    relevant; and

    4. application of these obligations in planning, reassessment, internal review,
   complaints and safeguarding, including recording adjustments requested, provided or
   refused and reasons.

        I withdraw the requirement to provide all linked guidance documents. Please include
    linked or attached material only where it is itself directly relevant to the above
   subjects and necessary to understand or apply the primary guidance.

                                                                     2

Request consultation process

On 28 August 2026, I wrote to you advising that due to a large number of responsive documents falling in scope of your revised scope, that a practical refusal reason existed under s24AA of the FOI Act. Noting that you have made the following stipulation in your request: “For each document, please include its title, version number, approval/publication/effective dates, date last updated, document owner, version history, attachments and linked guidance…”. I had examined the documents and found that there were 430 linked guidance documents within the primary documents. This means that in addition to the primary documents, the linked guidance documents would need to be located, reviewed and further consultations with business areas undertaken as part of processing this matter under the FOI Act.

I advised you that it is estimated that to complete the processing of this matter, as it stands, including reviewing the documents for exemptions under the FOI Act, manually applying redactions to each document, and completing necessary consultation with business areas would prevent me from completing all other tasks that are assigned to me as part of my ordinary duties. The work involved in reviewing these documents as part of the processing of your request, would be a substantial and unreasonable diversion of resources that would prevent the NDIA from otherwise performing its core function of supporting NDIS participants.

I invited you to consider narrowing the scope of your request to include only current versions of documents that have fallen in scope of your request. On 29 August 2026, you agreed to narrow the scope to exclude the requirement for linked guidance and include only versions of documents that were current within the date range of 1 January 2026 and 30 June 2026.

Extension of time

On 20 July 2026, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 1 September 2026 the date by which to provide you with a decision on your request.

Following the conclusion of the request consultation process, the due date for this matter was adjusted to 3 September 2026.

On 2 September 2026, the Office of the Australian Information Commissioner (OAIC) granted a 7 day extension of time under section 15AB of the FOI Act, making the new due date for a decision on access to be 10 September 2026.

Search efforts

I have interpreted your request to be for documents relating to reasonable adjustments and accessibility for participants, children, parents, carers, nominees and representatives when interacting with NDIS service delivery.

I have consulted with relevant NDIA staff in the following areas who could be reasonably expected to be able to identify documents within the scope of your request:

Children’s Practice Branch
Participant Safeguarding Response Branch
Specialised Service Delivery Branch
Service Guidance Branch
Co-Design Branch
Participant Outcomes, Evidence, Evaluation Branch

Additionally, the FOI team conducted a search of the NDIS website on the topic of accessibility.

As a result of these searches, I have identified nine (9) documents, which fall within the revised scope of your request.

I note that two (2) of the documents in scope are available publicly; one is on the NDIS website and the other was released recently under the FOI Act and was administratively released to you under FOI 26/27-0105: Knowledge Article - EC PEC – Daily support (mainstream participation)“. As these documents have been released publicly, they are no

longer considered

documents under the FOI Act. Therefore, I have not considered these

documents within this FOI decision.

For your convenience, I have attached the Knowledge Article document to this release email. The accessibility document on the NDIS website is available here.

Despite search efforts, I have been unable to identify any documents falling within the scope of Part 1 of your scope.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act.

I have decided to:

grant access to 4 documents in part; and
grant access to 3 documents in full.
refuse access to documents

Reasons for decision

In reaching my decision, I have taken 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
consultation with relevant NDIA staff and business areas
factors relevant to my assessment of whether or not disclosure of information would be in the public interest
the operating environment and functions of the NDIA

I have decided that the information will not be released as it comprises exempt information under section 47E of the FOI Act. I have also determined that the release of the information would be contrary to the public interest, in accordance with section 11A(5) of the FOI Act.

I am also satisfied that some of the documents cannot be found or do not exist. As such, I am refusing access to those documents in accordance with section 24A of the FOI Act.

A detailed statement of reasons for my decision can be found at Attachment B.

Release of documents

The document for release

As referred to in the schedule of documents at Attachment A, is enclosed.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at

Attachment C.

Should you have any enquiries concerning this matter, please do not hesitate to contact me

by email at foi@ndis.gov.au.

Yours sincerely,

Elizabeth (ECN120)

Senior Freedom of Information Officer, Information Access and Privacy Branch, Reviews and Information Release Division, National Disability Insurance Agency

Attachment A

Schedule of Documents

FOI 26/27-0106

Document number	Page number	Description	Access Decision
1	1-11	Guide – Safeguarding the participant’s interests v8.0	PARTIAL ACCESS
		Date: 7 April 2026	Exemption claimed:
			s47E(d) – certain operations of agencies
2	12-21	Guide - Conversation Style Guide v1.0	FULL ACCESS
		Date: 10 October 2023
3	22-30	Guide - Conversation Style Guide Appendix A v1.0	FULL ACCESS
		Date: 10 October 2023
4	31-38	Guide - Conversation style guide appendix B v2.0	FULL ACCESS
		Date: 22 September 2025
5	39-47	Guide-Assist Comms-Disability related interpreting translation	PARTIAL ACCESS
		supports V3.0
		Exemption claimed:
		s47E(d) – certain operations of agencies
		Date: 02 September 2024
6	48-53	Guide–Assist communication–Accessible formats V4.0	PARTIAL ACCESS
		Date: 31 March 2025	Exemption claimed:
			s47E(d) – certain operations of agencies
7	54-69	Book or update disability related interpreting services for the	PARTIAL ACCESS
		participant V3.0
		Exemption claimed:
		s47E(d) – certain operations of agencies
		Date: 20 October 2025

Attachment B

Statement of Reasons FOI 26/27-0106 Access to edited copies with exempt or irrelevant material deleted (section 22)

I have decided that documents 1, 5, 6 and 7 contains material that is exempt from disclosure under the FOI Act, for the reasons set out below.

In accordance with section 22 of the FOI Act, I have considered whether it is possible to delete the exempt 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 material removed.

Refusal of access to information Documents do not exist (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.

I have consulted with relevant NDIA staff in the following areas who could be reasonably expected to be able to identify documents within the scope of your request: - Children’s Practice Branch - Participant Safeguarding Response Branch - Specialised Service Delivery Branch - Service Guidance Branch - Co-Design Branch - Participant Outcomes, Evidence, Evaluation Branch

Despite these search efforts, I am satisfied that documents aligning with the Part 1 of the scope of your request could not be found or do not exist: “…1. compliance with the Disability Discrimination Act 1992, including direct, indirect and association discrimination;…”

I am satisfied that all reasonable steps have been taken to locate documents which align specifically with all aspects of Part 1 of the scope of your request.

Accessibility Document Reference

The accessibility document, which is linked earlier in this decision, does reference the Disability Discrimination Act 1992, it does not specifically discuss the latter aspects of the Part 1 scope, being “…including direct, indirect and association discrimination.” I am satisfied that all reasonable steps have been taken to locate the documents you have requested and that the documents cannot be found or do not exist.

I have therefore decided to refuse your request for access to the documents in accordance with section 24A(1) of the FOI Act.

Conditionally Exempt Information Contrary to the Public Interest

Relevant Law

Under section 11A(5) of the FOI Act, access to a conditionally exempt document under division 3 of Part IV of the FOI Act must be granted unless access to the document would, on balance, be contrary to the public interest.

I have refused access to information located in documents 1, 5, 6 and 7 on the basis that the information is conditionally exempt information under section 47E(a) of the FOI Act, and that the disclosure of the information would, on balance, be contrary to the public interest.

Documents 1, 5, and 6 contain information relating to certain operations of the NDIA, contains internal guidance given to staff which assists in determining the level of supports a participant may require and subsequently the quantum of supports to be included in a participant’s plan.

Additionally, document 7 contains information relating to certain operation of the NDIA, specifically, the contact details of internal mailboxes intended for use by NDIA staff only and the unique login details for external services that NDIA staff use to book interpreting services.

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, prejudice the effectiveness of procedures or methods for the conduct of tests, examinations or audits by an agency.

Reason

Documents 1, 5 and 6 contains information relating to certain operations of the NDIA, specifically internal guidance given to staff which assists in determining the level of supports a participant may require and subsequently the quantum of supports to be included in a

participant’s plan. The disclosure of this information would reveal methodologies the NDIA uses to assist in determining levels of support provided to NDIS participants, the existence of which is to better ensure that participants receive supports that are reasonable and necessary.
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.

Document 7 contains information relating to certain operation of the NDIA, specifically, the contact details of internal mailboxes intended for use by NDIA staff only.

Specialist mailboxes are not intended for public or general use and emails that are sent to these mailboxes can be effectively allocated to subject matter experts within the NDIA. This facilitates the provision of efficient and effective advice, where required. Were these mailboxes to be made public, there is a reasonable likelihood of aggrieved members of the public seeking to gain advantage over others, by using internal points of contact in place of the appropriate external contact pathways. This could result in congestion of these mailboxes and reduce the ability of staff to respond to targeted emails that require their subject matter expertise.

Document 7 also contains the unique login details for external services that NDIA staff use to facilitate the booking and payment of interpreting services. If released, these login details would unreasonably expose the Agency to unauthorized bookings and expenditure for interpreting services.

Any disclosure of these internal mailboxes and internal login details would, or could reasonably be expected to, result in the need for the NDIA to change their internal communication methods and procedures and access arrangements with multiple third parties to ensure NDIA communication channels remain effective. I am satisfied this is a substantial adverse effect on the proper and efficient operations of the NDIA.

Accordingly, I conclude that the relevant information contained in documents 1, 5 , 6 and 7 is conditionally exempt under section 47E(d) of the FOI Act.

Public interest considerations – section 47E

It is not enough that I have decided the documents contain information that is conditionally

extempt under section 47E(d) of the FOI Act. I must also decide whether the public interest

lies in favour of, or against, the release of that information.

Irrelevant factors

I have examined the irrelevant factors in section 11B(4) of the FOI Act, and I am satisfied I

have not taken into account any irrelevant factor in reaching my decision.

Factors favouring disclosure

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 information would:

promote the objects of the FOI Act (including all matters set out in sections 3 and 3A)
inform debate on a matter of public importance
promote effective oversight of public expenditure

This is because providing access to documents held by the NDIA allows for increased

scrutiny, discussion, comment, and review of government-held information.

I have also referred to the FOI Guidelines published under section 93A of the FOI Act, and I

have determined that disclosure of the information could reasonably be expected to:

inform the Australian community of the NDIA’s operations
contribute to the administration of justice generally, including procedural fairness

I have decided to afford moderate weight to these five (5) factors.

Factors favouring nondisclosure

The FOI Act does not list any factors weighing against disclosure. However, the inclusion of

the exemptions and conditional exemptions in the FOI Act recognises that harm may result

from the disclosure of some types of documents in certain circumstances.

The harm in disclosing the relevant information in question is that doing so could reasonably

be expected to prejudice the ability of the NDIA to:

effectively and appropriately attract, retain, and manage staff
protect procedures for the proper and efficient conduct of NDIA operations

protect the security and integrity of information held by the Agency

The FOI Guidelines provides a non-exhaustive list of factors against access to information at

paragraph 6.233. I have examined those factors, and I am satisfied that the disclosure of the

information in question could reasonably be expected to:

prejudice the effectiveness of testing, examining or auditing methods or procedures
undermine the integrity of the Agency’s decision-making process
knowing how answers affect funding could allow providers or authorised

representatives to give responses that manipulate and/or maximise funding
discourage the use of NDIA’s services
result in aggrieved members of the public using this information to seek to gain

advantage over others
negatively impact the NDIA customer service experience
discourage the use of NDIA’s services

With respect to section 11B(3) of the FOI Act, I also consider that the disclosure of the

relevant information:

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

I have decided to afford significant weight to these thirteen (13) factors favouring

disclosure.

Balancing the relevant factors

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.

With reference to the assessment above, I conclude that this information is exempt from

release under section 47E(a) of the FOI Act.

Attachment C

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 2601

Review 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 government 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

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 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