Freedom of Information request — Notice of Decision

Our reference: FOI 26/27-0107 (LEXD 25841)

GPO Box 700\nCanberra ACT 2601\n1800 800 110\n14 September 2026 \ndis.gov.au\n Meaz\nRight to Know\n By email: foi+request-15046-2b1239d2@righttoknow.org.au\n Dear Meaz\n Thank you for your correspondence of 4 July 2026, in which you requested access under the\n Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability\nInsurance Agency (NDIA).\n The purpose of this letter is to provide you with a decision on your request.

Scope of your request\n

You requested access to the following documents:\n\n “…Please provide access under the Freedom of Information Act 1982 to current and\nsuperseded NDIA internal guidance available from 1 January 2025 to the date of this\nrequest about how NDIA staff assess therapy and multidisciplinary capacity-building\nsupports for children.\n\nPlease include SOPs, knowledge articles, practice guides, checklists, templates and\ntaining material concerning:\n\n1. how NDIA assess whether speech pathology, occupational therapy, physiotherapy,\npychology, parent coaching or multidisclinary early-intervention supports are\nrequired.\n\n2. how NDIA determine the appropriate type, frequency, duration and intensity of those\nsupports.”

how NDIA assess allied-health reports, treating-professional recommendations,
functional evidence, identified risks, goals and expected outcomes.
how NDIA decide whether the evidence provided is sufficient, and what further information or clarification should be sought where it is considered insufficient.
what steps NDIA staff should take before reducing or departing from a treating professional’s recommendation, including seeking clarification, further evidence, team- leader approval or specialist/technical advice.
how NDIA assess whether lower-intensity, alternative or parent-implemented strategies are appropriate compared with the recommended therapy supports.

For each document, please include its title, version number, approval, publication and effective dates, last-updated date, document owner, version history, attachments and linked guidance…“

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a. how NDIA determines whether speech pathology, occupational therapy,

   physiotherapy, psychology, parent coaching or multidisciplinary early-intervention

   supports are required, including the appropriate type, frequency, duration and

    intensity of those supports;

    b. how NDIA assesses allied-health reports, treating-professional recommendations,

    functional evidence, identified risks, goals and expected outcomes;

    c. how NDIA determines whether evidence is sufficient, and what further information

   or clarification should be sought where it is considered insufficient;

    d. what steps NDIA staff should take before reducing or departing from a treating

   professional’s recommendation, including seeking clarification, further evidence,

   team-leader approval or specialist/technical advice; and

    e. how NDIA assesses whether lower-intensity, alternative or parent-implemented

    strategies are appropriate compared with the recommended therapy supports…

Extension of time

On 21 July 2026, you agreed to a 30-day extension of time under section 15AA of the FOI

Act, making 2 September 2026 the date by which to provide you with a decision on your

request.

On 1 September 2026, the Office of the Australian Information Commissioner (OAIC)

granted us a 10-day extension of time under section 15AB of the FOI Act, making 14

September 2026 the date by which to provide you with a decision on your request.

Request consultation process

On 3 September 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 446 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 3 September 2026, you agreed to narrow the scope to exclude the requirement for linked guidance and include only versions of documents within the date range to 1 January 2026 and 30 June 2026. Following the conclusion of the request consultation process, the due date this matter is 14 September 2026.

Search efforts

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 outcomes, Evidence and Evaluation Branch
Service Guidance

As a result of these searches, I have identified ten (10) documents, which fall within the revised scope of your request. I note that two (2) of the documents falling in scope have been administrative released to you as part of FOI matter 26/27-0105 on 3 September 2026:

Knowledge Article - EC Early childhood intervention supports guide (EC Guide)
Knowledge Article - EC PEC – Daily support (mainstream participation)

As these documents have already been released, I have not considered them as part of this FOI request.

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 1 document in full; and
grant access to 7 documents in part.

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.

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 26/27-0107

Document number	Page number	Description	Access Decision
1	1-11	EC PEC - NDIS Pathway Hearing Stream-v3	PARTIAL ACCESS

		Exemptions claimed:
		Date: 6 April 2026	s47E(d) – certain operations of agencies
2	12-20	OG - Early childhood approach-v6.0	FULL ACCESS
		Date: 15 December 2025
3	21-28	EC PEC – Capacity building – How to complete early	PARTIAL ACCESS
		childhood intervention supports questions-v3

		Exemption claimed:
		Date: 6 April 2026	s47E(d) – certain operations of agencies
4	29-44	EC Guide - Supporting children younger than 7 who are deaf	PARTIAL ACCESS
		or hard of hearing-v4

		Exemption claimed:
		Date: 6 April 2026	s47E(d) – certain operations of agencies
5	45-62	EC Interpreting provider reports and recommendations-v3	PARTIAL ACCESS

		Exemption claimed:
		Date: 6 April 2026	s47E(d) – certain operations of agencies
6	63-73	EC Early childhood intervention supports overview-v4	PARTIAL ACCESS

		Exemption claimed:
		Date: 6 April 2026	s47E(d) – certain operations of agencies

Document

Page number	Description	Access Decision
7	74-81 EC PEC - Capacity building - Health and wellbeing (Disability related health supports)-v3	PARTIAL ACCESS
Exemption claimed:
s47E(d) - certain operations of agencies
Date: 6 April 2026
8	82-101 EC PEC - Core - Equipment and consumables-v3	PARTIAL ACCESS
Exemption claimed:
s47E(d) - certain operations of agencies
Date: 6 April 2026

Attachment B

Statement of Reasons FOI 26/27-0107 Access to edited copies with exempt or irrelevant material deleted (section 22)

I have decided that documents 1 and 3-8 contain 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.

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 and 3-8 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.

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 and 3-8 contain information relating to certain operations of the NDIA, specifically internal guidance material that includes example questions and responses, as well as example planner justifications and responses concerning the use of restrictive practices and regulated restrictive practices. Additionally, Document 4 includes information regarding areas of developmental needs for children with disability and corresponding guidance for planners regarding levels of supports funding. These materials are intended to assist delegates in their decision-making processes for genuine needs-based planning

Assessments for Children Under 9

Revealing these examples and guides could lead to external parties using this information to artificially inflate or manipulate participant plans and funding by targeting responses to meet the examples covered in the guides.

I am satisfied that the risk of releasing the information would impact the proper and efficient conduct of the Agency’s operations and would necessitate the changing of current practices.

Accordingly, I conclude that the relevant information contained in documents 1 and 3-8 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 exempt 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 13 factors favouring nondisclosure.

Balancing the relevant factors

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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