Our reference: FOI 24/25-1473
OAIC reference: MR25/00666
GPO Box 700 Canberra ACT 2601 1800 800 110
ndis.gov.au
5 June 2025
Me
By email: foi+request-12892-769b517c@righttoknow.org.au
Dear Me
Freedom of Information request — Notice of revised decision under section 55G of the Freedom of Information Act 1982
Thank you for your correspondence of 7 March 2025, 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 revised decision on your request.
Scope of your request
You have requested access to the following documents:
“…I would like a copy of all guidance and/or reference documents that would be available to me if I were an NDIA employee assessing an application to become an NDIS participant, excluding publicly available documents.
I agree to the exclusion of non-SES contact details and applicant/participant personal information…”
On 30 April 2025 you agreed to the following revised scope:
“A copy of all current instructions used by an access assessor in the Scheme Eligibility Branch that they would use in assessing an application to become an NDIS participant. Excluding publicly available documents.”
Processing period
The original due date for our access decision on your FOI request was 6 April 2025. We have been experiencing processing delays and were not able to provide you with our decision by the due date. Consequently, your application was regarded as a deemed refusal under section 15AC of the FOI Act. We sincerely apologise for this.
We note that you have now applied to the Office of the Australian Information Commissioner (OAIC) for a review by the Information Commissioner (IC) of our deemed refusal.
Revised decision under section 55G
Section 55G(1)(a) of the FOI Act provides that at any time during an IC review, an Agency may vary an access refusal decision in favour of the applicant by giving access to documents in accordance with the request (revised decision).
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Section 55G(2) provides that an Agency must notify the IC of the revised decision, and that decision becomes the decision under review.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act, including revised decisions under s55G of that Act. My revised decision on your request and the reasons for my decision are set out below.
I have identified 71 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 been advised by the Scheme Eligibility Branch that documents referenced within documents 1 and 2 do not fall within the scope of your request. They are documents that outline how to process a decision in PACE and do not support a delegate in making an assessment on applications to become a participant.
I have decided to:
- grant access to 61 documents in full
- grant access to 10 documents in part
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
- the notice of IC review
- relevant case law concerning the operation 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.
Section 22 – Access to edited copies with exempt or irrelevant material 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 10 documents. 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.
Reasons for decision
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).
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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 individuals, this being surnames of non-SES staff.
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 in relation to individuals that are not known to be or have been associated with the matters dealt with in the documents
- 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.
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act states:
A document is a conditionally exempt if its disclosure under this act would, or could reasonably be expected to, do any of the following: (d) have a substantial adverse effect on the proper and efficient conduct of the operations of an agency.
The FOI Guidelines, at paragraph 6.115, states:
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.
The documents within the scope of your request contain various internal email addresses for the NDIA and Department of Social Services which are not publicly available. These internal email addresses allow agency staff to identify and communicate with other areas of the agency and are therefore vital to the proper and efficient conduct of the NDIA’s operations.
I am satisfied that disclosure of this information would result in a reasonable likelihood that aggrieved members of the public would utilise them to circumvent appropriate, publicly available points of contact with the agency. If this were to occur, it would affect the NDIA’s
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ability to address grievances and complaints in a structured and efficient manner. Such an outcome would be both substantial and adverse.
Accordingly, I consider the release of this information would reasonably have a substantial adverse effect on the proper and efficient conduct of the agency and is exempt under 47E(d) of the FOI Act.
Public interest considerations – Section 47E and 47F
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.
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
I have considered the factors favouring disclosure as set out in section 11B(3) of the FOI Act. The relevant factors being whether access to the document would:
(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
In favour of disclosure, I have considered these factors and have determined that disclosure of the information in the documents 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 therefore decided to afford significant weight to this factor in favouring disclosure of the document to you.
Factors weighing 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:
- affect an individual’s right to privacy by having their personal information in the public domain
- prejudice the ability of the Agency to protect established contact points
While I accept that there is a public interest in allowing scrutiny, discussion, comment and review of information held by the NDIA, there is also a strong public interest in maintaining an individual’s right to privacy and ensuring proper and effective communication within the agency.
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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 and 47E(d) of the FOI Act.
Release of documents
The documents for release, as referred to in the Schedule of Documents at Attachment A, are enclosed.
In accordance with section 55G(2) of the FOI Act, I will be providing the IC with a copy of this revised decision.
If you determine that you are satisfied with this revised decision and do not require this decision to be reviewed further by the IC, please let the Agency and the OAIC know.
If you would like clarification on any aspect of my decision, please do not hesitate to contact me by email at foi@ndis.gov.au.
Yours sincerely
Patrick (PHO293) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-1473 | MR25/00666
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-46 | Access and ER Practice Guide NDIS Amendment Act 2024 Date: 02 October 2024 |
PARTIAL ACCESS Exemptions claimed: s47E(d) – certain operations of agencies |
| 2 | 47-93 | Access and ER Practice Guide -Version 2.0 - Approved Date: 16 February 2023 |
PARTIAL ACCESS Exemptions claimed: s47E(d) – certain operations of agencies |
| 3 | 94-102 | Knowledge Article – Applicant - record disability conditions and impairments – Version 6.0 - Approved Date: 26 September 2024 |
FULL ACCESS |
| 4 | 103-111 | Knowledge Article – Applicant consent to apply – Version 2.0 Date: 19 September 2024 |
FULL ACCESS |
| 5 | 112-120 | Knowledge Article – Applicant consent to collect information – Version 2.0 - Approved Date: 17 November 2023 |
FULL ACCESS |
| 6 | 121-129 | Knowledge Article – Applicant consent to share information – Version 3.0 - Approved Date: 18 January 2024 |
FULL ACCESS |
| 7 | 130-145 | Knowledge Article – Check access request is complete – Version 3.0 - Approved Date: 20 November 2024 |
PARTIAL ACCESS Exemptions claimed: s47F – personal privacy |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 8 | 146-152 | Knowledge Article – Check decision – Legislative timeframes – Version 2.0 - Approved Date: 21 November 2023 |
FULL ACCESS |
| 9 | 153-159 | Knowledge Article – Check eligibility – age and residence requirements – Version 3.0 -Approved Date: 23 September 2024 |
FULL ACCESS |
| 10 | 160-166 | Knowledge Article – Check eligibility - DIS – disability caused by an impairment – Version 4.0 - Approved Date: 23 September 2024 |
FULL ACCESS |
| 11 | 167-173 | Knowledge Article – Check eligibility – DIS – likely permanence – Version 5.0 - Approved Date: 23 September 2024 |
FULL ACCESS |
| 12 | 174-180 | Knowledge Article – Check eligibility – DIS – NDIS supports for life – Version 3.0 - APPROVED Date: 29 August 2024 |
FULL ACCESS |
| 13 | 181-187 | Knowledge Article – Check eligibility – DIS – significant functional impact – Version 4.0 -APPROVED Date: 23 September 2024 |
FULL ACCESS |
| 14 | 188-195 | Knowledge Article – Check eligibility – DIS – social and economic impact – Version 4.0 - Approved Date: 23 September 2024 |
FULL ACCESS |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 15 | 196-202 | Knowledge Article – Check eligibility - EI - Developmental delay – Version 4.0 - Approved Date: 29 August 2024 |
FULL ACCESS |
| 16 | 203-211 | Knowledge Article – Check eligibility - EI - hearing loss 0-25 years of age – Version 3.0 - Approved Date: 23 September 2024 |
FULL ACCESS |
| 17 | 212-218 | Knowledge Article – Check eligibility – EI – Impairment is likely permanent - Version 3.0 - Approved Date: 23 September 2024 |
FULL ACCESS |
| 18 | 219-225 | Knowledge Article – Check eligibility – EI – likely to improve or reduce deterioration of functional capacity or strengthen informal supports – Version 3.0 - Approved Date: 23 September 2024 |
FULL ACCESS |
| 19 | 226-232 | Knowledge Article – Check eligibility – EI – likely to reduce future support needs – Version 3.0 - Approved Date: 23 September 2024 |
FULL ACCESS |
| 20 | 233-239 | Knowledge Article – Check eligibility - EI - Supports will be NDIS supports – Version 3.0 - Approved Date: 29 August 2024 |
FULL ACCESS |
| 21 | 240-247 | Knowledge Article – Check eligibility - List A condition – Version 3.0 - Approved Date: 29 August 2024 |
FULL ACCESS |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 22 | 248-255 | Knowledge Article – Check eligibility - List B condition – Version 3.0 - Approved Date: 17 February 2025 |
FULL ACCESS |
| 23 | 256-263 | Knowledge Article – Check eligibility - List D condition – Version 3.0 - Approved Date: 29 August 2024 |
FULL ACCESS |
| 24 | 264-273 | Knowledge Article – Check eligibility – Terminal illness – Version 7.0 - Approved Date: 23 September 2024 |
FULL ACCESS |
| 25 | 274-281 | Knowledge Article – Check for compensation when recording disabilities – Version 4.0 - Approved Date: 26 September 2024 |
FULL ACCESS |
| 26 | 282-288 | Knowledge Article – Check for Degenerative Disabilities – Version 2.0 - Approved Date: 21 June 2023 |
FULL ACCESS |
| 27 | 289-295 | Knowledge Article – Check treating professional details – Version 2.0 - Approved Date: 17 November 2023 |
FULL ACCESS |
| 28 | 296-311 | Knowledge Article – Complete a streaming case (Streaming and Restreaming) – Version 8.0 - Approved Date: 22 July 2024 |
FULL ACCESS |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 29 | 312-327 | Knowledge Article – Complete pre-assessment for an access decision – Version 6.0 - Approved Date: 28 October 2024 |
PARTIAL ACCESS Exemptions claimed: s47F – personal privacy |
| 30 | 328-336 | Knowledge Article – Completing the Personal Environmental Circumstances case - Version 6.0 - Approved Date: 04 July 2023 |
PARTIAL ACCESS Exemptions claimed: s47F – personal privacy |
| 31 | 337-344 | Knowledge Article – Consent to act on applicant behalf – Version 2.0 - Approved Date: 21 November 2023 |
FULL ACCESS |
| 32 | 345-353 | Knowledge Article – Consent to use Centrelink information – Version 3.0 - Approved Date: 14 December 2023 |
FULL ACCESS |
| 33 | 354-365 | Knowledge Article – Consent to use document verification service – Version 3.0 - Approved Date: 19 September 2024 |
FULL ACCESS |
| 34 | 366-368 | Knowledge Article – Consider a request for personal information – Version 3.0 - Approved Date: 26 September 2024 |
FULL ACCESS |
| 35 | 369-377 | Knowledge Article – Consider priority eligibility decision - Version 5.0 - Approved Date: 23 September 2024 |
FULL ACCESS |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 36 | 378-390 | Knowledge Article – Contact to advise outcome of access decision – Version 4.0 - Approved Date: 25 September 2024 |
FULL ACCESS |
| 37 | 391-400 | Knowledge Article – Contact to request further information for an access decision – Version 1.0 – Approved Date: 07 August 2024 |
FULL ACCESS |
| 38 | 401-412 | Knowledge Article – Decide whether to vary the participant’s Notice of impairments - Version 3.0 - Approved Date: 06 March 2025 |
FULL ACCESS |
| 39 | 413-418 | Knowledge Article – Descriptions of impairment categories – Version 1.0 - Approved Date: 10 October 2024 |
FULL ACCESS |
| 40 | 419-430 | Knowledge Article – Escalate application integrity issue - Version 2.0 - Approved Date: 25 September 2023 |
PARTIAL ACCESS Exemptions claimed: s47E(d) – certain operations of agencies |
| 41 | 431-442 | Knowledge Article – Impairment categories guide – Version 1.0 - Approved Date: 10 October 2024 |
FULL ACCESS |
| 42 | 443-465 | Knowledge Article – Make an access decision - post legislation changes – Version 11.0 Date: 14 February 2025 |
PARTIAL ACCESS Exemptions claimed: s47E(d) – certain operations of agencies |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 43 | 466-483 | Knowledge Article – Make an access decision - pre-legislation changes – Version 7.0 - Approved Date: 20 November 2024 |
PARTIAL ACCESS Exemptions claimed: s47E(d) – certain operations of agencies |
| 44 | 484-490 | Knowledge Article – Record treating professional details - Version 2.0 - Approved Date: 17 November 2023 |
FULL ACCESS |
| 45 | 491-502 | Knowledge Article – Request further evidence for incomplete access request – Version 2.0 -Approved Date: 20 November 2024 |
FULL ACCESS |
| 46 | 503-516 | Knowledge Article – Return incomplete Access Request case – Version 1.0 Date: 30 September 2024 |
PARTIAL ACCESS Exemptions claimed: s47F – personal privacy |
| 47 | 517-526 | Knowledge Article – Set up Centrelink login – Version 1.0 - Approved Date: 21 November 2023 |
PARTIAL ACCESS Exemptions claimed: s47E(d) – certain operations of agencies |
| 48 | 527-536 | Knowledge Article – Submit an application to vary the participant’s Notice of impairments – Version 5.0 - Approved Date: 06 March 2025 |
FULL ACCESS |
| 49 | 537-545 | Knowledge Article – Templates for requesting further information – Post-legislation changes – Version 1.0 - Approved Date: 25 September 2024 |
FULL ACCESS |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 50 | 546-553 | Knowledge Article – Templates for requesting further information - Pre-legislation changes – Version 2.0 -Approved Date: 25 September 2024 |
FULL ACCESS |
| 51 | 554-562 | Knowledge Article – Understand age and residence evidence – Version 2.0 - Approved Date: 17 November 2023 |
FULL ACCESS |
| 52 | 563-572 | Knowledge Article – Understand consent requirements – Version 2.0 - Approved Date: 19 September 2024 |
FULL ACCESS |
| 53 | 573-581 | Knowledge Article – Understand disability requirements – Version 2.0 - Approved Date: 29 August 2024 |
FULL ACCESS |
| 54 | 582-589 | Knowledge Article – Understand early intervention requirements – Version 2.0 – Approved Date: 29 August 2024 |
FULL ACCESS |
| 55 | 590-596 | Knowledge Article – Understand NDIS applicant requirements – Version 1.0 - Approved Date: 07 July 2023 |
FULL ACCESS |
| 56 | 597-600 | Knowledge Article – Upload requested evidence for a new applicant – Version 8.0 - Approved Date: 28 February 2025 |
FULL ACCESS |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 57 | 601-620 | Knowledge Article – Verify age and residence with Centrelink information - Version 1.0 - Approved Date: 13 October 2023 |
FULL ACCESS |
| 58 | 621-630 | Knowledge Article – What evidence of disability is required – Version 6.0 - Approved Date: 10 December 2024 |
FULL ACCESS |
| 59 | 631-634 | Knowledge Article – When to withdraw an access application – Version 6.0 - Approved Date: 20 November 2024 |
FULL ACCESS |
| 60 | 635-643 | Knowledge Article – Understand palliative care – Version 3.0 – Approved Date: 26 September 2024 |
FULL ACCESS |
| 61 | 644-654 | Knowledge Article – Understand how to verify identity documents – Version 5.0 - Approved Date: 02 December 2024 |
FULL ACCESS |
| 62 | 655-662 | Knowledge Article – Understand the Document Verification Service – Version 3.0 – Approved Date: 15 December 2023 |
FULL ACCESS |
| 63 | 663-669 | Knowledge Article – Record assistive technology information – Version 3.0 - Approved Date: 21 June 2023 |
FULL ACCESS |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 64 | 670-678 | Knowledge Article – Record carers information – Version 3.0 - Approved Date: 21 June 2023 |
FULL ACCESS |
| 65 | 679-686 | Knowledge Article – Record employment and training information – Version 4.0 - Approved Date: 23 November 2023 |
FULL ACCESS |
| 66 | 687-693 | Knowledge Article – Record equipment and consumables information – Version 2.0 - Approved Date: 21 June 2023 |
FULL ACCESS |
| 67 | 694-700 | Knowledge Article – Record Housing information – Version 5.0 - Approved Date: 16 June 2023 |
FULL ACCESS |
| 68 | 701-707 | Knowledge Article – Record information - daily support – Version 4.0 - Approved Date: 21 June 2023 |
FULL ACCESS |
| 69 | 708-714 | Knowledge Article – Record information for Capacity Building – Version 6.0 - Approved Date: 14 December 2023 |
FULL ACCESS |
| 70 | 715-721 | Knowledge Article – Record support coordination information – Version 3.0 - Approved Date: 21 June 2023 |
FULL ACCESS |
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| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 71 | 722-729 | Knowledge Article – Understand functional capacity assessments - Version 4.0 - Approved Date: 16 June 2023 |
FULL ACCESS |
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