FOI 25.26 3705 Decision Notice of Decision | FOI release material

Our reference: FOI 25/26-3705 (LEXD 25280)

GPO Box 700 Canberra ACT 2601 1800 800 110

28 August 2026 ndis.gov.au

Meaz Right to Know

By email: foi+request-15013-b4455723@righttoknow.org.au

Dear Meaz,

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 29 June 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:

“This request covers current and superseded documents available to NDIA staff at any time from 1 January 2025 to the date of this request.

Please include SOPs, knowledge articles, practice guides, checklists, templates, training material and decision-making guidance about:

supports for autistic children under 7, including ASD Level 1, Level 2 and Level 3;

ABA-informed intervention, Early Start Denver Model, Naturalistic Developmental Behavioural Interventions, Positive Behaviour Support, parent coaching and multidisciplinary early intervention.

assessing functional communication, receptive/expressive language, sensory processing, behaviours of concern, safety awareness, feeding, self-care, daily living, social participation and learning.

assessing therapy frequency, duration and intensity for autistic children under 7.

Delivered by the National Disability Insurance Agency

considering urgency, delay, critical early-development periods, interim supports, reducing future support needs, improving functional capacity, preventing deterioration and sustaining informal supports.
recording reasons where autism-specific early-intervention supports are refused, reduced or not included.

For each document, please include the title, version number, approval/publication/effective date, last updated date, document owner, version history, attachments and linked guidance”.

Extension of time

On 22 July 2026, you agreed to 30-day extension of time under section 15AA of the FOI Act, making 28 August 2026 the date by which to provide you with a decision on your request.

Search efforts

I have consulted with relevant NDIA staff in the Early Childhood Branch and Engagement and Improvement Division the who could be reasonably expected to be able to identify documents within the scope of your request.

As a result of these searches, I have identified 5 documents, which fall within the scope of your 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 5 documents in part.

I note that you requested “current and superseded documents available to NDIA staff at any time from 1 January 2025 to the date of this request”. The relevant superseded documents are included to you in response to FOI 25/26-3703. Providing these documents again would result in an unnecessary duplication of resources and an unreasonable diversion of staff time. Accordingly, I have provided you with the current versions of the documents relevant to this matter.

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
relevant case law concerning the operation 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 some 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 some 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 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 C.

Additional information

Documents which are publicly available are not considered documents for the purposes of the FOI Act, I have therefore not considered the following in making my decision. However, I note that you requested NDIA internal guidance relating to autism-specific early childhood intervention and supports for autistic children under the age of seven. For completeness and convenience, I have decided to provide copies of these documents.

The below links include:

Our guidelines | NDIS

National Best Practice Framework for Early Childhood Intervention | Australian Government Department of Health, Disability and Ageing

Supporting Autistic Children Guideline | Autism CRC

What are NDIS supports | NDIS

Pricing arrangements | NDIS

The National Best Practice Framework for Early Childhood Intervention for families and carers | Australian Government Department of Health, Disability and Ageing

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

Yours sincerely

Rebecca (REM471)

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 25/26-3705

Document number	Page number	Description	Access Decision
1	1-17	EC PEC — Carers — Sustaining informal supports-v5 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
2	18-29	EC PEC - Capacity building - Regulated restrictive practices-v3 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
3	30-46	EC Recording support justifications for children younger than 9-v1 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
4	47-57	EC Early childhood intervention supports overview-v4 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
5	58-75	. EC Interpreting provider reports and recommendations-v3 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies

Attachment B

Statement of Reasons

FOI 25/26-3705

Access to edited copies with exempt or irrelevant material deleted (section 22)

I have decided that documents 1-5 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.

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 am satisfied searches of relevant NDIA business systems have been conducted, using all reasonable search terms that could return documents relevant to your request. In addition, I have consulted with relevant NDIA staff in the Early Childhood Branch and Engagement and Improvement Division who could be reasonably expected to be able to identify documents within the scope of your request.

Despite these search efforts, I am satisfied that the following documents referred to in your request could not be found or do not exist:

supports for autistic children under 7, including ASD Level 1, Level 2 and Level 3;
ABA-informed intervention, Early Start Denver Model, Naturalistic Developmental Behavioural Interventions,

This is because the Agency does not hold specific guidance material for each impairment or disability, but rather relies on general documents which are publicly available on our website.

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 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 1–5 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. 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 1-5 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:

include as appropriate, having regard to section 11B(3) – for example:
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:

include as appropriate, having regard to the FOI Guidelines – for example:
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 7 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 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 10 factors favouring nondisclosure.

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(d) 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 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