NDIS — FOI 24/25-0753: Notification of Decision

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Our reference: FOI 24/25-0753

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

20 December 2024

Emily Lacey Right to Know

By email: foi+request-12331-c38b75cf@righttoknow.org.au

Dear Emily Lacey

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 15 November 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:

...A list of Administrative Review Branch “Case Management Guide” document titles/details were released under FOI 24/25-0142. I am requesting a copy of the following documents from that list:

  1. (Please provide the document in full) – Document title: AAT Case Management Guide: Access for Chronic Health Conditions File name: NDIA-AAT CM-GDE-007-FINAL Date Created: January 2023 Date Published: January 2023 Status: FINAL

  2. (Please provide the document in full) – Document title: AAT Case Management Guide: Capacity Building File name: NDIA-AAT CM-GDE-011-FINAL Date Created: July 2023 Date Published: July 2023 Status: FINAL

  3. (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) – Document title: Case Management Guide: Capacity Building File name: NDIA-ARB-GDE-011-DRAFT Date Created: September 2024 Status: DRAFT

  1. (Please provide the document in full) –

Document title: AAT Case Management Guide: Assistive Technology (AT): Low cost/consumables File name: NDIA-AAT CM-GDE-017-FINAL Date Created: January 2023 Date Published: January 2023 Status: FINAL

  1. (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) – Document title: Case Management Guide: Assistive Technology (AT): Low cost/consumables File name: NDIA-ARB-GDE-017-DRAFT Date Created: September 2024 Status: DRAFT

  2. (Please provide the document in full) – Document title: AAT Case Management Guide: Disability Related Health Supports File name: NDIA-AAT CM-GDE-021-FINAL Date Created: September 2024 Date Published: 10/09/2024 Status: FINAL

  3. (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) – Document title: Case Management Guide: Disability Related Health Supports File name: NDIA-ARB-GDE-021-DRAFT Date Created: September 2024 Status: DRAFT

  4. (Please provide the document in full). Document title: AAT Case Management Guide: Access to the NDIS File name: NDIA-AAT CM-GDE-032-FINAL Date Created: June 2023 Date Published: June 2023 Status: FINAL

  5. (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) – Document title: Case Management Guide: Access to the NDIS File name: NDIA-ARB-GDE-032-DRAFT Date Created: September 2024 Status: DRAFT

  • Please ensure that you provide the most recent version of each file in my request.

  • If there are any external links within the files, please don’t deactivate them as part of your processing of the documents for release.

  • I agree for the surnames and contact details of any staff to be redacted…“

Extension of time

On 22 November 2024, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 17 January 2025 the new date to provide you with a decision on access.

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 9 documents, which fall within the scope of your request.

These 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 9 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
  • factors relevant to my assessment of whether or not disclosure would be in the public interest
  • the NDIA’s operating environment and functions.

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) A/Assistant Director - Freedom of Information Officer Complaints Management & FOI Branch National Disability Insurance Agency

Attachment A

Schedule of Documents for FOI 24/25-0753

Document number Page number Description Access Decision Comments
1 1-3 AAT Case Management Guide:
Access for Chronic Health Conditions

Date: January 2023
FULL ACCESS
2 4-7 AAT Case Management Guide:
Capacity Building Supports

Date: July 2023
FULL ACCESS
3 8-11 Case Management Guide: Capacity
Building

Date: Undated
FULL ACCESS
4 12-13 ART Case Management Guide:
Assistive Technology (AT) — Low
Cost Consumables

Date: January 2023
FULL ACCESS
5 14-16 Case Management Guide: Assistive
Technology (AT) — Low-Cost
Consumables

Date: November 2024
FULL ACCESS
Document number Page number Description Access Decision Comments
6 17-21 ART Case Management Guide:
Disability Related Health Supports

Date: September 2024
FULL ACCESS
7 22-26 Case Management Guide: Disability
Related Health Supports

Date: November 2024
FULL ACCESS
8 27-35 ART Case Management Guide:
Access to the NDIS

Date: July 2023
FULL ACCESS
9 36-44 Case Management Guide: Access
to the NDIS

Date: October 2024
FULL ACCESS

Attachment B

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 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 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:

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:

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.