FOI 25.26 3719 Decision Notice of Decision

Our reference: FOI 25/26-3719 (LEXD 25347)

GPO Box 700 Canberra ACT 2601 1800 800 110

31 August 2026 ndis.gov.au

Meaz Right to Know

By email: foi+request-15018-95a751a5@righttoknow.org.au

Dear Meaz,

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 30 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 originally requested access to the following documents:

“This request covers current and superseded documents available to NDIA staff at any time from 1 January 2025 to the date of this request.

Please include SOPs, knowledge articles, practice guides, checklists, templates, training material and decision-making guidance about:

1. when NDIA staff should seek team leader, technical advice, TAPIB, TAB, National Early Childhood or other specialist advice.

2. referral to or involvement of Complex Support Needs, Children and Young People pathway, Short Term Response, specialised resolution, streaming or restreaming.

3. identifying, recording and escalating safeguarding concerns, participant-at-risk concerns, child/family risk, carer breakdown, serious illness or injury of informal supports, unstable care arrangements or other complex circumstances.

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4. recording specialist advice, complex-pathway referrals, safeguarding escalation and

related decision reasons in PACE/CRM or other NDIA systems.

For each document, please include the title, version number,

approval/publication/effective date, last updated date, document owner, version history,

attachments and linked guidance.”

On 10 July you subsequently revised the scope of your request as follows:

  “I have reviewed the documents already released. To reduce the scope, I exclude all

documents previously provided and seek only the following current or superseded

documents within the original date range 1 January 2025 to 30 June 2026, as most of

the already released documents are older.

 1. Submit a referral to the Complex Support Needs Branch, or its current equivalent.

 2. The Children and Young People pathway referral criteria, referral form and suitability-

assessment guidance.

 3. Short Term Response referral, eligibility and intake guidance.

 4. Specialised Resolution Team referral and intake guidance.

 5. Understand advice categorisation in a technical advice case.

 6. The current Mandatory Advice Requests / Requesting Advice matrix, including

 referrals to TAPIB, National Early Childhood and other specialist teams.

Please also include directly associated forms, templates and decision matrices only. If a

named document has been renamed or replaced, please provide its current equivalent.”

Extension of time

On 22 July 2026, you agreed to 30-day extension of time under section 15AA of the FOI Act,

making 31 August 2026 the date by which to provide you with a decision on your request.

Search efforts

I have consulted with relevant NDIA staff in the Technical Advice and Practice Improvement

Branch; Service Guidance and Specialised Service Delivery Branches the who could be

reasonably expected to be able to identify documents within the scope of your request.

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As a result of these searches, I have identified 21 documents, which fall within the scope of

your request.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act.

I have decided to:

• grant access to 4 documents in full
• grant access to 10 documents in part
• refuse access to 7 documents.

Reasons for decision

In reaching my decision, I have taken 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

• relevant case law concerning the operation of the FOI Act

• consultation with relevant NDIA staff and business areas

• factors relevant to my assessment of whether or not disclosure of information would

  be in the public interest
  

• the operating environment and functions of the NDIA

I have decided that some information will not be released as it comprises exempt

information under section 47E of the FOI Act. I have also determined that the release of

some information would be contrary to the public interest, in accordance with section 11A(5)

of the FOI Act.

I am also satisfied that some documents cannot be found or do not exist. As such, I am

refusing access to those documents in accordance with section 24A 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.

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Additional Information

I have previously supplied you with publicly available documents from the NDIA Disclosure

Log namely:

1. FOI 25/26-2769 (Document outlining circumstances in which a participant may be

   referred for assessment by the NDIA’s Complex Support Needs Branch.)

2. FOI 25/26-0078 (The internal guidelines, policy documents, or operational manuals

   describing the roles and responsibilities of CSN planners and support staff. The

    training materials, position descriptions, or performance expectations specific to

   planners managing participants within the CSN pathway, Any documents or

  frameworks that define service standards, communication protocols.

I have been advised by the relevant business area, Specialised Service Delivery all

documents provided in these FOI matters are still current and if not have been provided in

this FOI matter. Additionally, I have been advised by the Specialised Service Delivery

Branch that the Short Term Response Team offer was ceased in the last quarter of 2025.

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

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Attachment A

Schedule of Documents FOI 25/26-3719

Document number	Page number	Description	Access Decision
1	1-4	Submit a referral to the Complex Support Needs (CSN) Branch v 15 (screenshot of KA_01072026)	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
2	5-16	KA - Create a technical advice case v10.0 APPROVED 2025-02-20	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
3	17-28	KA - Create a technical advice case v11.0 APPROVED 2025-03-3	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
4	29-40	KA - Create a technical advice case v12.0 APPROVED 2025-04-14	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies
5	41-52	KA - Create a technical advice case v13.0 APPROVED 2025-12-03	PARTIAL ACCESS Exemption claimed: s47E(d) — certain operations of agencies

Attachment B Statement of Reasons

                           FOI 25/26-3719

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

I have decided that documents 1-8 and 10-19 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 for documents 1-8, 14 and 18. Accordingly, I have prepared an edited

copy of those documents with the exempt material removed. Documents 10-13 and 15-17 .I

have decided that it is not reasonably practicable to provide edited copies, and these

documents are therefore exempted in full.

Documents do not exist (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 consulted with relevant NDIA staff in the Technical Advice and Practice Improvement

Branch, Service Guidance and Specialised Service Delivery Branches who could be

reasonably expected to be able to identify documents within the scope of your request.

Despite these search efforts, I am satisfied that the following document referred to in your

request could not be found or do not exist:

• Specialised Resolution Team referral and intake guidance

This is because senior staff within the Specialised Service Delivery Branch have advised me

there is no specific documented referral or intake guidance for the Specialised Resolution

Team.

I am satisfied that all reasonable steps have been taken to locate the document you have

requested and that the document cannot be found or do not exist. I have therefore decided

to refuse your request for access to the documents in accordance with section 24A(1)

of the FOI Act.

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Conditionally exempt information contrary to the public interest

Relevant law

Under section 11A(5) of the FOI Act, access to a conditionally exempt document under

division 3 of Part IV of the FOI Act must be granted unless access to the document would,

on balance, be contrary to the public interest.

I have refused access to information located in documents 1-8 and 10-19 on the basis that

the information is conditionally exempt information under section 47E(d) of the FOI Act, and

that the disclosure of the information would, on balance, be contrary to the public interest.

Section 47E(d) of the FOI Act conditionally exempts a document from release 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 an agency.

Documents 1-8, 14 and 18 contain contact details of direct internal mailboxes intended for

NDIA and partner staff only. As these specialist mailboxes and website links are not

intended for public or general use, emails that are sent to these mailboxes can be effectively

allocated to particular subject matter experts within the NDIA. This facilitates the provision of

efficient and effective advice, where required. Were these mailboxes to be made public,

there is a reasonable likelihood of aggrieved members of the public seeking to gain

advantage over others, by using internal points of contact in place of the appropriate external

contact pathways. This could result in congestion of these mailboxes and reduce the ability

of staff to respond to targeted emails that require their subject matter expertise.

Any disclosure of these internal mailboxes and websites would, or could reasonably be

expected to, result in the need for the NDIA to change their internal communication methods

and procedures to ensure NDIA communication channels remain effective. I am satisfied this

is a substantial adverse effect on the proper and efficient operations of the NDIA.

Documents 10-17 contain internal guidance material provided by the Technical Advice and

Practice Improvement Branch (TAPIB) to support planning and access delegates to make

decisions to align with the NDIS Act 2013. The specialist technical guidance provides staff

with a framework for determining the appropriate level and quantity of supports to be

included in a participant’s plan and access eligibility. Disclosure of this information would

reveal the methodologies and decision-making frameworks used by the NDIA. Such

disclosure could prejudice the effectiveness of the Agency’s operational methods and

procedures and may reasonably be expected to require the NDIA to modify these

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methodologies to maintain the ongoing effectiveness, integrity, and sustainability of both the

Agency and the NDIS. The release of this information could enable providers to tailor or

manipulate recommendations and supporting evidence to align with known funding criteria,

thereby increasing the likelihood that particular supports or support levels would be

assessed as reasonable and necessary.

Furthermore, disclosure may increase the risk of participants receiving supports that are not

appropriately aligned with their actual circumstances or needs if provider reports or evidence

are adjusted to meet prescribed criteria rather than accurately reflect individual

requirements.

Accordingly, I conclude that the relevant information contained in documents 1-8 and 10-19

is conditionally exempt under section 47E(d) of the FOI Act.

Public interest considerations – section 47E

It is not enough that I have decided the documents contain information that is conditionally

exempt under section 47E(d) of the FOI Act. I must also decide whether the public interest

lies in favour of, or against, the release of that information.

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 factor 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)
• inform debate on a matter of public importance
• promote effective oversight of public expenditure

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

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• contribute to the administration of justice generally, including procedural fairness

I have decided to afford moderate weight to these 5 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 established internal

communication channels, points of contact, and 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.

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 the

information in question could reasonably be expected to:

• result in aggrieved members of the public using this information to seek to gain

  advantage over others
  

• impede the ability of specialist teams within the NDIA to efficiently respond to emails

    requiring their subject matter expertise
  

• negatively impact the NDIA customer service experience

• 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 conclude that this information is exempt from

release under section 47E(d) of the FOI Act.

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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

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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.

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