Our reference: FOI 24/25-1233

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

7 October 2025

David Wright

By email: foi+request-12768-42ae6138@righttoknow.org.au

Dear David Wright

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 24 January 2025 (your correspondence), seeking 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.

I sincerely apologise for the delay in providing you with this decision and thank you for your patience and understanding while we progressed this matter.

Scope of your request

You have requested access to the following documents:

“I refer to the NDIA consultation paper ‘Interventions for children on the autism spectrum’, available here - https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ndis.gov.au%2Fcommunity%2Fhave-your-say%2Finterventions-children-autism-spectrum%3Ffbclid%3DIwY2xjawIAVx5leHRuA2FlbQIxMAABHet_0yFJqxL8Khw0K8WjjO8L33wB12Bs8GnaYqZX9gAg1kJ23htu6qFdtQ_aem_DMGPT0DvF1pKvOuqwKNT2g&data=05%7C02%7Cfoi%40ndis.gov.au%7C161437910fa24aa088a408dd3c6a2830%7Ccd778b65752d454a87cfb9990fe58993%7C0%7C0%7C638733149044453821%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C40000%7C%7C%7C&sdata=kfsDS5Pw4ZI87BJ6pNJlTiQc70SD0X7PhpIYf1MOP9Y%3D&reserved=0

The purpose of the paper is stated on page 3 as follows:

‘The National Disability Insurance Agency (NDIA) recognises the importance of working with participants, providers and the disability sector when making improvements to our policies and procedures … This paper seeks input and feedback from participants, their families and caregivers, as well as providers and the disability sector to assist in developing clearer advice on National Disability Insurance Scheme (NDIS) funding of early intervention services for children on the autism spectrum.’

This is elaborated on pages 4-5:

’This consultation process will help us understand your views with so that we can:

a. update existing policy and operational guidance to support the delivery of clear and consistent reasonable and necessary decision making under the existing legislative framework for early intervention for children

b. refine policy and operational guidelines to support the implementation of evidence-based, best practice early intervention for children on the autism spectrum in the new context of personalised budgets and plan flexibility from late-2021’

I submit this FOI request seeking all documents relating to the updating of any NDIA policies and guidelines relating to early intervention services for children on the autism spectrum, arising from this consultation process. Including draft/final copies of the policies and guidelines themselves, and any internal agency correspondence about this updating process.”

24AB – Request for Consultation

On 19 June 2025, we sent you a 24AB request for consultation notice, advising that the result of our preliminary searches revealed that the scope of your request was too broad, and captured a large volume of information, and that our intention was to refuse your request. You were provided details of the search results and invited to narrow your scope, which you did on 8 July 2025 to the following:

“o Knowledge Article Drafts (approx. 30 at 5 pages each) o Practice Guidance (approx. 30 at 20 pages each) o Papers/Approval docs (approx. 20 pages)”

Processing Timeframes

The FOI Act provides 30 calendar days for the processing of an FOI request after it is received. As your valid FOI request was received on 24 January 2025, the original due date for your request was 23 February 2025.

As we were unable to provide you with a decision on your request by the legislated due date, your application is regarded as a deemed refusal under section 15AC of the FOI Act. Despite this, I have continued to process your application. I apologise again for the delay and confirm that you retain your right to seek external review of this decision. Your review rights are set out in Attachment C to this letter.

Searches conducted

Searches were conducted by the following business areas for documents relevant to the scope of your FOI request:

Policy and Practice Leadership
Co-Design and Engagement
Service Design
Children’s Strategy and Services

We were advised by the Policy and Practice Leadership and Co-Design and Engagement Divisions that they did not hold documents relevant to the scope of your request; these searches were performed between 14 February and 20 March 2025 and were overseen by senior staff.

We were advised by the Service Design Division that they held two current guidelines but did not hold specific guidance on Autism Spectrum. Given your request was for information relevant to the ‘Interventions for children on the autism spectrum’ consultation paper which was finalised in 2021, I did not interpret the scope of your request to be for current publicly available guidelines that were not specific to autism spectrum, therefore I do not consider these documents located by Service Design to fall within the scope of your request.

We were initially advised by Children’s Strategy and Services that they held approximately:

50 draft Guidelines
30 draft Knowledge Articles

30 draft Practice Guidance
Papers/Approval Docs
An unknown amount of emails
Zip folders

As a result of this consultation, we believed that there was a practical refusal reason given the scope had captured a large volume of information. We consulted with you on 19 June 2025 to negotiate narrowing the scope of your request to the following documents:

30 draft Knowledge Articles
30 draft Practice Guidance
Papers/Approval Docs

After further consultation with Children’s Strategy and Services, we were subsequently advised that the scope of your request was misinterpreted and resulted in searches capturing information beyond that of which was relevant to the updating of policies or guidelines as a result of the ‘Interventions for children on the autism spectrum’ consultation paper.

As a result of revised searches conducted by Children’s Strategy and Services, 2 documents were located that fall within the scope of your request.

It is noted that the summary report for the ‘Interventions for children on the autism spectrum’ consultation paper can be located here [Interventions for children on the autism spectrum consultation summary report | NDIS](Interventions for children on the autism spectrum consultation summary report | NDIS). It states that improvements that you can expect from the NDIA include updating our Operational Guidelines. This was not facilitated in a specific project, rather the body of information gathered through consultation would help further inform any improvements to the guidelines generally.

I apologise for the confusion caused by our request for consultation notice.

Decision

I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on this FOI request.

I have decided to:

Grant access in full to document 1
Grant access in part to document 2 in accordance with section 22 – Access to edited copies with exempt or irrelevant matter deleted on the grounds that the deleted material is considered exempt under 47F – Public interest conditional exemptions – personal privacy and 47E(d) – Public interest conditional exemptions – certain operations of agencies of the FOI Act; and

Section 22 – Access to edited copies with exempt or irrelevant matter deleted

Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a document where the agency has decided to refuse access to an exempt document or that to give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access.

I have identified exempt material in 2 document and am satisfied that it is reasonably practicable to remove this material and release the documents to you in material form.

The decision in relation to each document is detailed in the schedule of documents at Attachment A.

A statement of reasons for this decision are set out in Attachment B.

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

Emmanuel (EJC065) Assistant Director – Freedom of Information Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division

Attachment A

Schedule of Documents for FOI 24/25-1233

Document number	Page number	Description	Access Decision	Comments
1	1-27	DRAFT Early Childhood Supports Guideline Date: Approved 10/05/2023	FULL ACCESS
2	28-88	Participant Experience Committee Agenda for ECS Branch Policy Position Date: 18/05/2022	PARTIAL ACCESS Exemption claimed: s47F – Personal Privacy s47E(d) – Certain Operations of Agencies

Attachment B

Statement of Reasons

FOI 24/25-1233

REFUSAL UNDER 47F

Personal privacy (section 47F)

Section 47F(1) of the FOI Act states:

A document is conditionally exempt if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).

The FOI Act shares the same definition of ‘personal information’ as the Privacy Act 1988 (Cth). Paragraph 6.123 of the FOI Guidelines provide that:

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in material form or not.

Documents relevant to the scope of your request contain personal information of NDIA staff, specifically mobile phone numbers and surnames.

In my assessment of whether the disclosure of this personal information is unreasonable, I have considered the following factors in accordance with section 47F(2) of the FOI Act:

(a) the extent to which the information is well known; (b) whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the document; (c) the availability of the information from publicly accessible sources; and (d) the affect the release of the personal information could reasonably have on the third party.

I found that the specific personal information contained within the documents:

is not well known
is not available from publicly available sources

would have a negative effect on the individuals if released

Accordingly, I am satisfied that the documents are conditionally exempt under section 47F of the FOI Act.

REFUSAL UNDER 47E(d)

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 have a substantial adverse effect on the proper and efficient conduct of the operations of the agency.

Paragraph 6.115 of the FOI Guidelines provides that the predicted effect must bear on the agency’s ‘proper and efficient’ operations, that is, the agency is undertaking its operations in an expected manner.

Document 2 contains funding levels, examples of levels of supports, examples of calculations, and guidance for determining levels of supports.

I am satisfied that release of this information could reasonably be expected to have a substantial adverse effect on the Agency’s operations because:

Funding formulas and calculations, if disclosed, could be manipulated by individuals or service providers seeking to maximise plan funding amounts outside of the policy’s intent
It could set unrealistic expectations around support or funding levels for participants

Accordingly, I consider the release of this document would reasonably have a substantial adverse effect on the proper and efficient conduct of the agency and is exempt under section 47E(d) of the FOI Act.

PUBLIC INTEREST FACTORS

Public interest considerations – Section 47F and 47E(d)

Section 11A(5) of the FOI Act states:

The agency or Minister must give the person access to the document if it is conditionally exempt at a particular time unless (in the circumstances) access to the document at that time would, on balance, be contrary to the public interest.

In finding that Document 2 is conditionally exempt in part, I am required to consider whether it would be contrary to the public interest to give access to the information in the documents at this time.

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

Section 11B of the FOI Act provides:

(3) Factors favouring access to the document in the public interest include whether access to the document would do any of the following: (a) promote the objects of this Act (including all the matters set out in section 3 and 3A); (b) inform debate on a matter of public importance; (c) promote effective oversight of public expenditure (d) allow a person to access his or her own personal information

In considering the scope of your request and the content of the documents, I have taken into account the intention of the FOI Act to provide for open Government and that the release of the documents in full would promote transparency of Government activities. I consider that the release of the document would promote the objects of the FOI Act. Further, I have balanced this consideration against the factors against disclosure below.

Factors against disclosure

The FOI Act does not list any factors weighing against disclosure. These factors will depend on the circumstances. 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.

Paragraph 6.233 of the FOI guidelines provides a non-exhaustive list of public interest factors against disclosure. The factors I find relevant to this request are that release of this information could reasonably be expected to:

the protection of an individual’s right to privacy by having their personal information in the public domain
Be used by participants or providers to exploit detailed funding methodologies to maximise plan funding, compromising the sustainability of the scheme
Create a chilling effect by limiting the agency’s ability to test and adapt funding approaches without external pressures, reducing flexibility to improve the scheme

While I accept that there is a public interest in promoting the objects of the FOI Act, there is also a strong public interest in maintaining an individual’s right to privacy and maintaining the sustainability of the scheme.

On balance

I am satisfied, based on the above, the public interest factors against disclosure outweigh the factors for disclosure, and that, on balance, it is against the public interest to release the information to you. Accordingly, I find that the information is exempt under sections 47F of the FOI Act.

ATTACHMENT C

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 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 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.