NDIA Accountability Project

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NDIS correspondence: Notification of Decision - FOI 24/25-2253 (LEXD 876)

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Our reference: FOI 24/25-2253 (LEXD 876)

13 August 2025

GPO Box 700 Canberra ACT 2601 1800 800 110

ndis.gov.au

Hannah

By email: foi+request-13287-21fd4892@righttoknow.org.au

Dear Hannah

Your Freedom of Information request — Notification of Decision

Thank you for your correspondence of 13 June 2025, 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 have requested access to the following documents:

“1. Any internal communications, meeting minutes, policy memos, or emails discussing the rationale for excluding AASW-accredited social workers from the list of therapy support providers in this guide; 2. Any drafts or working versions of the guide where social workers were considered for inclusion; 3. Any correspondence or consultation records with external bodies (e.g., the AASW, allied health reference groups) regarding the classification of social workers under therapy supports; 4. Any documents that explain how the definitions in the guide align (or do not align) with the NDIS Pricing Arrangements and Price Limits 2024–25, which includes social workers under line item 15_621_0128_1_3 – Assessment, Recommendation, Therapy or Training – Social Worker.

This request seeks to clarify any inconsistencies between internal NDIA practice materials and published pricing guidance, which directly impacts recognition and access to funded social work supports under the NDIS.

If any part of the material is exempt, I request partial access to documents with exempt material redacted where possible.”

Search efforts

The FOI Guidelines provide that agencies and ministers should undertake a reasonable search on a flexible and common-sense interpretation of the terms of the request. At a minimum, an agency is required to have regard to the following in undertaking these searches:

  • the subject matter of the documents
  • the current and past file management systems
  • the record management systems in place
  • the individuals and line areas within an agency or minister’s office who may be able to assist with the location of documents, and
  • the age of the documents.

Having regard to these Guidelines, I engaged in search consultations with the following internal business area to obtain documents within their possession which may fall within the scope of your FOI request:

  • Service Design Division
  • Policy and Practice Leadership Division
  • Technical Advice and Practice Improvement Branch

I advise that senior staff in the business area conducted searches for the documents and have located 0 documents relevant to the scope of your request.

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 decided to refuse your request for access under section 24A of the FOI Act.

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
  • the NDIA’s operating environment and functions

Reasons for decisions

Refuse a request for access (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 have conducted searches of the NDIA’s systems, using all reasonable search terms that could return documents relevant to your request. In addition, I have consulted with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request, including staff who are knowledgeable about how to conduct searches of the NDIA’s systems. These enquires have revealed that the NDIA is not in possession of documents matching the scope of your request.

I am satisfied that all reasonable steps have been taken to locate documents within the scope of your request. Based on the searches conducted and the advice received from relevant NDIA business areas, I can confirm the NDIA does not hold any document falling within the scope of your request. Accordingly, I have determined that the requested documents do not exist. I have therefore decided to refuse access to this information pursuant to section 24A(1)(b)(ii) of the Freedom of Information Act.

Rights of review

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

Please contact us at foi@ndis.gov.au if you have any questions or require help.

Yours sincerely

Heather (UFG97)

Senior Freedom of Information Officer

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

Attachment A

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:

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.