NDIS — FOI 25/26-2252 (LEXD 17357) & FOI 25/26-2253 (LEXD 17358): Notification of Decision | FOI release material

Our reference: FOI 25/26-2252 (LEXD 17357) & FOI 25/26-2253 (LEXD 17358)

GPO Box 700 Canberra ACT 2601 1800 800 110 15 April 2026 ndis.gov.au

By email: foi+request-14483-16953a2e@righttoknow.org.au

Dear Bob Buckley

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 26 February 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 requests.

Scope of your requests

You requested access to documents from the NDIS. Specifically, you requested access to:

FOI 25/26-2252

“…a) how the NDIS assesses or determines the status of “substantially reduced functional capacity” for autistic applicant’s for eligibility to the NDIS; and

b) how NDIS staff making these assessments are trained, guided, and instructed in assessing “substantially reduced functional capacity” status in relation to autism for NDIS applicants…“

FOI 25/26-2253

“…Further to my previous request, please can you also include information showing how “substantially reduced functional capacity” status is assessed/determined for autistic children who transition from the early intervention part of the NDIS (s25) to the “disability requirements” (s24) eligibility for NDIS supports…“

As your second request, was clearly tied to the previous, I have elected to process both requests simultaneously to avoid duplication of effort and provide you with a timely response to both requests.

Timeframe

On 6 April, you agreed to a 10-day extension of time under section 15AA of the FOI Act, making 7 April the new date by which to provide you with my decision.

On 8 April, I applied to the Office of the Australian Information Commissioner (OAIC) for an additional extension of time under section 15AC of the FOI Act. On 10 April, the OAIC granted a 10-day extension. This makes Friday, 17 April, the new date by which to provide my decision.

Search efforts

I consulted with NDIA staff in the Service Guidance Branch and the Scheme Eligibility Branch to locate additional documents relevant to your request.

I have identified 23 documents , which fall within the scope of your request

Decision on access to documents

I have decided to:

grant access to 22 documents in full.
grant access to 1 document in part.

Reasons for decision

I have decided that information will not be released as it comprises exempt information under section 47E(d), 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.

Additional Information

Documents which are publicly available are not considered documents for the purposes of the FOI Act, I have therefore not considered the following in making my decision.

The below links are used for external guidance and published on the NDIS website.

OG - Applying to the NDIS (15) (2).pdf

OG - Leaving the NDIS 0 (1).pdf

OG-Early-childhood-approach (1).pdf

FS eligibility reassessments (1).pdf

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

Attachment A

Schedule of Documents

FOI 25/26-2252 & FOI 25/26-2253

Document number	Page number	Description	Access Decision
1	1-12	Understand highly likely and commonly associated impairment categories-V1.0	FULL ACCESS
2	13-38	Make an access decision-v15	FULL ACCESS
3	39-55	Impairment categories guide -v5	FULL ACCESS
4	56-64	Record an assessment - PEDI-CAT-v7	FULL ACCESS
5	65-73	Understand disability requirements-v4	FULL ACCESS
6	74-81	Understand early intervention requirements-v5	FULL ACCESS
7	82-90	7. Applicant - record disability conditions and impairments-v10	FULL ACCESS
8	91-96	8. Record information from the DSM5 - Autism-v2	FULL ACCESS
9	97-103	9. Check eligibility - EI - Developmental delay-v7	FULL ACCESS
10	104-111	Check eligibility - List A condition-v6	FULL ACCESS
11	112-119	Check eligibility - List B condition-v4	FULL ACCESS
12	120-125	Descriptions of impairment categories-v1	FULL ACCESS

Document number	Page number	Description	Access Decision
13	126-132	Create a new functional capacity assessment case-v1	FULL ACCESS
14	133-140	Understand functional capacity assessments-v4	FULL ACCESS
15	141-148	Check eligibility — DIS — significant functional impact-v6	FULL ACCESS
16	149-155	Check eligibility - DIS — NDIS supports for life-v6	FULL ACCESS
17	156-165	What evidence of disability is required-v8	FULL ACCESS
18	166-172	Check eligibility - DIS — disability caused by an impairment-v8	FULL ACCESS
19	173-179	Check eligibility — DIS — likely permanence-v8	FULL ACCESS
20	180-189	When to refer the participant for an eligibility reassessment-v10	FULL ACCESS
21	190-200	Complete an eligibility reassessment referral-v6	FULL ACCESS
22	201-249	Access and ER Practice Guide NDIS Act 2013.pdf	FULL ACCESS
23	250-252	Access Assessor OneNote	PARTIAL ACCESS Exemption(s) claimed: s47E(d) — certain operations of agencies

Attachment B

Statement of Reasons

FOI 25/26-2252 & FOI-2253

Forms of access

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

I have decided that document 23 contains 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 and irrelevant 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 and irrelevant material removed.

Conditionally exempt information contrary to the public interest

Relevant law

Under the FOI Act, a person has a right to be given access to documents of an agency. However, the right of access is subject to limitations, including grounds for refusal of access.

Section 11A(5) of the FOI Act provides that access to a document covered by a conditional exemption must be provided unless disclosure would be contrary to the public interest.

I have refused access to information located in document 23 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.

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 an agency.

Reason

Document 23 contains an internal NDIA guidance resource to assist Access Assessor delegates with functional phone calls.

This guidance material supports Access delegates in determining section 24(1)(c) and in expanding on the primary information already provided through functional telephone calls.

Disclosure of this information could reasonably be expected to allow certain members of the public to gain an advantage over others by enabling them to prepare responses in advance.

Public interest considerations – section 47E(d)

It is not enough that I have decided that the document contains information that, if released, would, or could reasonable be expected to, affect the operations of the NDIA. I must also decide whether the public interest lies in favour of, or against, release.

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

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)

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
contribute to the administration of justice generally, including procedural fairness

I have decided to afford moderate weight to these three 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 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 Internal guidance resource could reasonably be expected to:

result in aggrieved members of the public using this information to seek to gain advantage over others

I have decided to afford significant weight to the above factor favouring nondisclosure.

Balancing the relevant factors

I am satisfied that the factor 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 have decided this information is conditionally exempt under section 47E(d) of the FOI Act. I have decided to refuse access to it.

Balancing the relevant factors

I am satisfied that the factors against disclosure of the information far 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 have decided this information is conditionally exempt under section 47E(d) of the FOI Act. I have decided to refuse access to this information.