NDIS correspondence: Notification of Decision - FOI 24/25-2247 [LEXD 871] | FOI release material

Our reference: FOI 24/25-2247 [LEXD 871]

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

20 October 2025

Hannah Right to Know

By email: foi+request-13290-58b3acf8@righttoknow.org.au

Dear Hannah

Freedom of Information request

Thank you for your correspondence of 14 June 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

In your original application, you requested access to the following documents held by the NDIA:

“…I request access under the Freedom of Information Act 1982 (Cth) to documents held by the NDIA relating to the development and endorsement of internal planner guidance tools concerning Fetal Alcohol Spectrum Disorder (FASD). Specifically, I seek:

All internal correspondence, meeting minutes, policy advice, or decision-making documents relating to the development and approval of the “FASD Disability Snapshot” produced by SGP KP Publishing (or other related guidance tools), particularly those that informed the omission of social workers as recognised providers of capacity-building supports.

Any internal guidelines, classification systems, or draft content from 2020 to present that relate to the categorisation of social work in relation to FASD-especially within the

context of functional assessment, psychosocial support, or therapy under Capacity Building - Improved Daily Living.

Any correspondence between the NDIA and the AASW, NOFASD, or the FASD Research Australia Centre of Research Excellence regarding professional roles or provider types in relation to FASD…”

Processing timeframes

A 30-day statutory period for processing your request commenced from 15 June 2025, in accordance with section 15(5)(b) of the FOI Act. On 24 June 2025, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 13 August the new due date to provide access to documents. 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 sincerely apologise for the delay and confirm that you retain your right to seek external review of this decision.

Search efforts

Based on the scope of your request, the FOI team initiated searches for documents with the NDIA divisions:

Technical Advisory and Practice Improvement Branch (TAPIB)
Service Delivery
Service Guidance
Frontline Capability
Children’s Strategy and Services

Searches were conducted by senior staff within the above NDIA divisions for documents in relation to your request for the period beginning the year 2020 to 03 October 2025.

Results of the searches performed by the NDIA divisions have not located documents related to the three points of your scope. Specifically, relating to the topic of:

informing the omission of social workers as recognised providers of capacity-building supports
relate to the categorisation of social work in relation to FASD
Any correspondence between the NDIA and the AASW, NOFASD, or the FASD Research Australia Centre of Research Excellence regarding professional roles or provider types in relation to FASD

I believe I have taken all reasonable steps to locate the documents and am satisfied that the documents cannot be found or does not exist.

Decision on access to documents

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.

I made this decision as an authorised FOI decision maker under section 23(1) of the FOI Act.

Decision

In coming to my decision for this part of your request, I took the following into consideration:

Your correspondence of 14 June and 24 June 2025 outlining the scope of your request
The consultation process, including provision of documents on the NDIA FOI disclosure log
The provisions of the FOI Act, including section 24A
The FOI Guidelines published under s 93A of the FOI Act, particularly parts 3.85 to 3.86 that outline the circumstances when an Agency can utilise section 24A of the FOI Act when documents do not exist after searches
Consultations with relevant NDIA staff

Section 24A(1)(b)

There are two elements that must be established before a decision is made to refuse a request or part of a request for access to a document under s 24A:

(a) the agency or minister must have taken all reasonable steps to find the document, and (b) the agency or minister is satisfied that the document cannot be found or does not exist

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

Rights of review

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

Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.

Yours sincerely

Glenn (GEF803) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division

ATTACHMENT A Your review rights

As this matter was a deemed refusal, internal review of this decision is not an option. However, if you have concern with any aspect of this decision, please contact the NDIA FOI team by email foi@ndis.gov.au or by post:

Freedom of Information Section
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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.