Our reference: FOI 25/26-0805 [LEXD 10017]

GPO Box 700 Canberra ACT 2601 1800 800 110 13 August 2026 ndis.gov.au

By email: foi+request-13738-399007e5@righttoknow.org.au

Dear T

Freedom of Information request - Notice of revised decision under section 55G of the Freedom of Information Act 1982

Thank you for your correspondence of 28 September 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 revised decision on your request.

Scope of your request

You requested access to the following documents:

“I seek access to any internal documents that discuss the differentiation or overlap between: (a) psychology and occupational therapy (b) psychology and speech therapy, and (c) psychology and positive behaviour support.

This includes, but is not limited to, internal policies, guidelines, frameworks, briefing notes, reports, position papers, training materials, reviews, or other internal documents. I request access to draft, current, or superseded versions.“

The purpose of this letter is to notify you of my revised decision on your application.

Processing period

The original due date for our access decision on your FOI request was 27 November 2025. We have been experiencing processing delays and were not able to provide you with our decision by the due date. Consequently, your application was regarded as a deemed refusal under section 15AC of the FOI Act. We sincerely apologise for this.

We note that you have now applied to the Office of the Australian Information Commissioner (OAIC) for a review by the Information Commissioner (IC) of our deemed refusal.

Revised decision under section 55G

Section 55G(1)(a) of the FOI Act provides that at any time during an IC review, an Agency may vary an access refusal decision in favour of the applicant by giving access to documents in accordance with the request (revised decision).

Section 55G(2) provides that an Agency must notify the IC of the revised decision, and that decision becomes the decision under review.

Extension of time

On 3 October 2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 27 November 2025 the new date to provide you with a decision on access.

Expiration of time

A 30-day statutory period for processing your request commenced from 29 September 2025, in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was 27 November 2025. I note this time has lapsed and as a result we are deemed to have refused your request 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.

Search efforts

Staff in the NDIA’s TAPIB and Service Guidance Branch conducted searches for documents and advised they did not locate any documents relevant to the scope of your request. I have set out the reasons for this outcome in Attachment A to this letter.

Decision on access to documents

In summary, I have decided to refuse access to the information you have requested on the basis that the documents are non-existent or unlocatable pursuant to section 24A of the FOI Act.

I am authorised to make decisions under section 23(1) of the FOI Act, including revised decisions under s55G of that Act. My revised decision on your request and the reason for my decision is set out below.

I have provided a detailed statement of the reasons for my decision in Attachment A to this decision notice.

Rights of review

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

If you have any enquiries about this matter, please contact me by email at foi@ndis.gov.au.

Yours sincerely

Kate G (KGN680) Senior Freedom of Information Officer

Information Access and Privacy Branch

Reviews and Information Release Division

Attachment A

Statement of Reasons

FOI Application 25.26-0805

Refused information

I have refused access to the information you requested under section 24A of the FOI Act on the basis that documents containing such information are unlocatable or do not exist.

Relevant law

Under the FOI Act, a person has a right to be given access to documents of an agency. However, the right of access is subject to limitations, including grounds for refusal of access. Section 24A of the FOI Act states 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 for documents

After reviewing the scope of your FOI application, I identified the need to make enquiries with the NDIA’s TAPIB and Service Guidance for documents relevant to the scope of your request.

Both relevant line areas have advised that there are no documents that are within the scope of your request.

Conclusion

Based on the information I received from above, I consider there are reasonable grounds to be satisfied that documents containing the information you seek do not exist. I therefore refuse access to the information under section a 24A of the FOI Act on the basis that the information does not exist at the time of your request.

Attachment B

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 the 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: OAIC Review Application Form.

An application to the OAIC must be made within 60 calendar days from the date of the

deemed refusal decision, as set out in our letter to you (Notice of Decision). You may also

apply to the OAIC for an extension of this timeframe, from the date of the deemed refusal

decision until the date of your application for review.

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)

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: redacted: s22(1)(a)(ii) - irrelevant