Freedom of Information request — Notification of Decision

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Freedom of Information request — Notification of Decision

Thank you for your correspondence of 21 September 2024, in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).

The purpose of this letter is to provide you with a decision on your request.

Scope of your request

You have requested access to the following documents:

Delivered by the National Disability Insurance Agency

Knowledge Article “Understand disability requirements” (Link: https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fndia.my.salesforce.com%2Farticles%2FKnowledge%2F285182367&data=05%7C02%7Cfoi%40ndis.gov.au%7C16abebb627bb4f87da5b08dcda30d17e%7Ccd778b65752d454a87cfb9990fe58993%7C0%7C0%7C638625150603406601%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiM C4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C40000%7C%7C%7C&sdata=zBD5u8ojT2b%2FxPBR%2BcSLF7frFjErfGDOf%2FUtGx0u4ZE%3D&reserved=0, obtained from FOI 23.24-1405)

Knowledge Article “Check treating professional details” (Link: https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fndia.my.salesforce.com%2Farticles%2FKnowledge%2F192242422&data=05%7C02%7Cfoi%40ndis.gov.au%7C16abebb627bb4f87da5b08dcda30d17e%7Ccd778b65752d454a87cfb9990fe58993%7C0%7C0%7C638625150603416337%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiM C4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C40000%7C%7C%7C&sdata=nmek5HUg25eSav16G%2BRngPxj1C4qJ9LbhZ1xnaP7AYM%3D&reserved=0, obtained from FOI 23.24-1405)

All “Knowledge Article - Check evidence for a decision” documents related to assessing eligibility.

Note: Please provide the most recent version of each document, regardless of whether it is a draft or approved version…”

Extension of time

On 04 October 2024, you declined a 30-day extension of time under section 15AA of the FOI Act.

Unfortunately, we have been experiencing processing delays and were not able to provide you with our decision by the due date. I apologise for the delay in releasing this decision to you. Consequently, we are deemed to have refused your application under section 15AC of the FOI Act.

In the interests of not causing any further delays, I have decided not to apply for an extension to the processing period from the Office of the Australian Information Commissioner (OAIC) under section 15AC of the FOI Act. However, your right to apply for an external review with the Office of the Australian Information Commissioner remains protected. Please see Attachment B for more information about your rights of review.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your request and the reasons for my decision are set out below.

I have identified 26 documents, which fall within the scope of your request.

The documents were identified by conducting searches of NDIA’s systems, using all reasonable search terms that could return documents relevant to your request, and consulting with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request.

I have decided to grant access to 26 documents in full.

In reaching my decision, I took the following 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

Release of documents

The documents for release, as referred to in the Schedule of Documents at Attachment A, are enclosed.

Rights of review

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

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

Yours sincerely

Kate (KIM627) Senior Freedom of Information Officer Complaints Management & FOI Branch Government Division

Schedule of Documents for FOI 24/25-0368

Attachment A

Document number Page number Description Access Decision Comments
1 1-11 Knowledge Article - Log an activity or internal note
Date: 2024.10.09
FULL ACCESS
2 12-20 Knowledge Article – When to refer the participant for
an eligibility reassessment
Date: 2024.10.09
FULL ACCESS
3 21-30 Knowledge Article – What evidence of disability is
required
Date: 2024.10.09
FULL ACCESS
4 31-39 Knowledge Article - Understand disability requirements
Date: 2024.10.09
FULL ACCESS
5 40-46 Knowledge Article - Check treating professional details
Date: 2024.10.09
FULL ACCESS
6 47-53 Knowledge Article - Check eligibility – age and residence requirements
Date: 2024.10.09
FULL ACCESS
Document number Page number Description Access Decision Comments
7 54-60 Knowledge Article - Check eligibility - DIS — disability caused by an impairment FULL ACCESS
8 61-67 Knowledge Article - Check eligibility – DIS – likely permanence FULL ACCESS
9 68-74 Knowledge Article - Check eligibility – DIS – NDIS supports for life FULL ACCESS
10 75-81 Knowledge Article - Check eligibility – DIS – significant functional impact FULL ACCESS
11 82-89 Knowledge Article - Check eligibility – DIS – social and economic impact FULL ACCESS
12 90-96 Knowledge Article - Check eligibility - El — Developmental delay FULL ACCESS
Document number Page number Description Access Decision Comments
13 97-105 Knowledge Article - Check eligibility - El - hearing loss 0-25 years of age Date: 2024.10.09 FULL ACCESS
14 106-112 Knowledge Article - Check eligibility – El – Impairment is likely permanent Date: 2024.10.09 FULL ACCESS
15 113-119 Knowledge Article - Check eligibility – El – likely to improve or reduce deterioration of functional capacity or strengthen informal supports Date: 2024.10.09 FULL ACCESS
16 120-126 Knowledge Article - Check eligibility – El – likely to reduce future support needs Date: 2024.10.09 FULL ACCESS
17 127-133 Knowledge Article - Check eligibility - El - Supports will be NDIS supports Date: 2024.10.09 FULL ACCESS
18 134-141 Knowledge Article - Check eligibility - List A condition Date: 2024.10.09 FULL ACCESS
Document number Page number Description Access Decision Comments
19 142-149 Knowledge Article - Check eligibility - List B condition Date: 2024.10.09 FULL ACCESS
20 150-157 Knowledge Article - Check eligibility - List D condition Date: 2024.10.09 FULL ACCESS
21 158-167 Knowledge Article - Check eligibility – Terminal illness Date: 2024.10.09 FULL ACCESS
22 168-175 Knowledge Article - Understand early intervention requirements Date: 2024.10.09 FULL ACCESS
23 176-188 Knowledge Article - Finalise eligibility reassessment decision Date: 2024.10.09 FULL ACCESS
24 189-205 Knowledge Article - Understand procedural fairness and eligibility reassessment requirements Date: 2024.10.09 FULL ACCESS
25 206-226 Knowledge Article - Make an access decision – post legislation changes Date: 2024.10.09 FULL ACCESS
Document number Page number Description Access Decision Comments
26 227-247 Knowledge Article - Make an access decision – prelegislation changes
Date: 2024.10.09
FULL ACCESS

Attachment B

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
  • 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](http://www.oaic.gov.au)
* Post:    GPO Box 5218, Sydney NSW 2001
* Email:    [enquiries@oaic.gov.au](mailto: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](mailto: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.