FOI 25.26 3703 Decision Notice of Decision | FOI release material

Our reference: FOI 25/26-3703 (LEXD 25277)

GPO Box 700 Canberra ACT 2601 1800 800 110

28 August 2026 ndis.gov.au

Meaz Right to Know

By email: foi+request-15011-8e64a4cd@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 document(s) from the NDIS file. Specifically, you requested access to:

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documents available to NDIA staff at any time from 1 January 2025 to the date of this request, including current and superseded versions.

This request includes SOPs, knowledge articles, practice guides, checklists, templates, training material and decision-making guidance about:

how NDIA staff distinguish ordinary parental responsibility from disability-related support needs for children.

how NDIA staff compare a child’s needs with children of the same age without disability.

when a child’s care, supervision, behaviour, communication, self-care, feeding, safety, mobility or daily-living needs are considered substantially beyond same-age expectations.

Delivered by the National Disability Insurance Agency

how NDIA staff assess whether parents, carers or informal supports can reasonably provide support.
how NDIA staff assess sustainability of informal supports, including parent/carer health, carer stress, lack of informal supports, family crisis, serious illness or injury of a carer, and risk to the family-care arrangement.
how NDIA staff record reasons where requested supports are refused or reduced because they are considered parental responsibility, informal support responsibility, or not reasonable and necessary.

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

Revision of scope

On 10 July, following the provision of several documents which were available on the Agency’s FOI Disclosure Log, you agreed to revise the scope of your request to the following:

“…only the following remaining operational materials within the original date range: 1 Jan 2025 to 29 June 2026

EC: PEC — Daily Supports.

Record more information — PEC younger than 7.

EC: PEC — General overview.

Any current PACE question set or staff instructions used to record:

a. needs beyond those of same-age children;

b. day or night supervision and personal-care needs;

c. parent/carer health, serious illness or injury;

d. carer stress or exhaustion;

e. lack of backup informal support;

f. simultaneous caring responsibilities;

g. family crisis, unstable care arrangements or risk of care breakdown.

Any current template, justification list or decision-reason guidance used where requested supports are refused or reduced because they are considered:

a. ordinary parental responsibility;

b. the responsibility of informal supports; or c. within same-age expectations.

Please provide the named articles and directly associated PACE fields, templates or recording instructions only. This clarification excludes documents already released…”

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 consulted with NDIA staff in the Service Delivery, Early Childhood and the Children’s Practice Branch (Engagement and Improvements Divisions) to locate documents relevant to your request.

I have identified 22 documents (including attachments), which fall within the scope of your request

Decision on access to documents

I have decided to grant access to 22 documents in part.

Reasons for decision

I have decided that some information will not be released as it comprises exempt information under section 47E(a) 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.

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

Schedule of Documents

FOI 25/26-3703

Attachment A

Document number	Page number	Description	Access Decision
1	1-17	EC PEC — Carers — Sustaining informal supports- V 5.0 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
2	18-30	EC PEC — Carers — Sustaining informal supports-V 4.0 (07/09/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
3	31-41	EC PEC - Carers - Sustaining informal supports- V 3.0 (31/08/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
4	42-53	EC_ PEC - Carers - Sustaining informal supports- V 2.0 (09/02/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
5	54-64	EC Early childhood intervention supports overview- V 4.0 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
6	65-74	EC Early intervention supports for early childhood overview-V 3.0 (31/08/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
7	75-85	EC Early intervention supports for early childhood overview- V 2.0 (13/04/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
8	86-102	EC Recording support justifications for children younger than 9- V1.0 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
9	103-122	EC PEC — Core — Equipment and consumables- V 3.0	PARTIAL ACCESS Exemption claimed:

Document number	Page number	Description	Access Decision
		(CURRENT)	s47E(d) — certain operations of agencies
10	123-130	EC PEC — Core — Equipment and consumables- V 2.0 (07/09/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
11	131-138	EC PEC — Capacity building — Health and wellbeing (Disability related health supports)- V 3.0 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
12	139-144	EC PEC — Capacity building — Health and wellbeing- V2.0 (07/09/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
13	145-150	EC PEC — Carers — Support coordination- V 2.0 (07/09/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
14	151-158	EC PEC — Capacity building — How to complete early childhood intervention supports questions- V 3.0 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
15	159-166	EC PEC — Capacity building — How to complete early intervention supports for early childhood questions- V 2.0 (07/09/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
16	167-178	EC PEC - Capacity building - Regulated restrictive practices- V 3.0 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
17	179-187	EC PEC — Capacity building — Regulated restrictive practices- V 2.0 (31/08/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
18	189-205	EC Interpreting provider reports and recommendations- V 3.0 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies

Document number	Page number	Description	Access Decision
19	206-217	EC Interpreting provider reports and recommendations- V 2.0 (05/10/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
20	218-228	EC Interpreting provider reports and recommendations-V 1.0	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
21	229-237	EC PEC — Daily support (mainstream participation)- V 3.0 (CURRENT)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
22	238-244	EC PEC — Daily supports- V 2.0 (07/09/2025 SUPERSEDED)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies

Attachment B

Statement of Reasons

FOI 25/26-3703

Forms of access

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

I have decided that documents 1-22 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 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 11A(5) of the FOI Act provides that access to a document covered by a conditional exemption must be provided unless disclosure would be contrary to the public interest.

I have refused access to information located in documents 1-22 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 effective operations of an agency.

Reason

Documents 1–22 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 Early Childhood supports. The documents contain

operational advice, technical guidance, and internal deliberations that are intended for use by Agency staff with relevant contextual knowledge and expertise.

Sections of the internal guidance material provide examples and sample responses that demonstrate how Planners and Early Childhood Partners consider a range of factors when determining supports for children under nine years of age. Responses recorded for Personal and Environmental Circumstances (PEC) inform the Typical Support Package (TSP) engine, which generates a draft budget. Access to internal Agency information, particularly details of how responses to assessment questions correlate with funding outcomes, may provide some individuals with an unfair financial advantage over others.

The release of this information could lead to the manipulation of evidence by providers and potentially informal supports, who may tailor reports and use specific language to align with funding criteria. This could result in inappropriate funding decisions, the over-allocation of supports, and increased risks to Scheme sustainability.

Disclosure of internal Agency information regarding the relationship between assessment responses and funding outcomes may enable providers to influence or manipulate information to maximise financial benefit. Such practices would undermine the integrity of the needs-based assessment framework by contributing to inappropriate resource allocation, where funding decisions are driven by strategically crafted evidence rather than a participant’s genuine support needs.

Public interest considerations – section 47E(d)

It is not enough that I have decided that the documents contain information that, if released, would, or could reasonable be expected to, affect the operations of the NDIA. I must also decide whether the public interest lies in favour of, or against, release.

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 factors 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)

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 3 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 protect procedures for the proper and efficient conduct of NDIA operations. Any disclosure resulting in the prejudice of the effectiveness of the Agency’s operational methods and procedures would, or could reasonably be expected to, result in the need for the Agency to change those methods and procedures to ensure the future effectiveness and sustainability of the Agency and the Scheme and 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 information in question could be reasonably be expected to :

prejudice the effectiveness of needs-based funding procedures
undermine the integrity of the Agency’s decision-making process
result in aggrieved members of the public using this information to seek to gain advantage over others
discourage the use of NDIA’s services

I have decided to afford significant weight to these 4 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 have decided this information is conditionally exempt under section 47E(d) of the FOI Act. I have decided to refuse access to it.

Attachment C

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 the review, in writing, within 30 days of receipt of 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 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.