NDIS correspondence: Notification of Decision - FOI 25/26-1635 | FOI release material

Our reference: FOI 25/26-1635 (LEXD 13934)

                                                        GPO Box 700
                                                                                 Canberra ACT 2601
                                                                            1800 800 110

                                                                                           ndis.gov.au

25 June 2026

Danielle Bell

By email: foi+request-14130-d408d111@righttoknow.org.au

Dear Danielle Bell

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 16 December 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 decision on your request.

Scope of your request

You have requested access to the following documents:

“I am requesting access to the evidence and/or guidelines your Technical Advisory

Branch uses to decide on who can access more than 10 hours of Dietitian therapy

(capacity building) in their plan.

I would also like information on why your ‘Practice Guide Nutrition Supports’ quote 5-

10 hours as best practice for Dietitian hours in an NDIS plan for participants needing

nutrition supports related to their disability. What informed this cap?“

The FOI Act provides 30 calendar days for the processing of an FOI request after it is received. As your valid FOI request was received on 16 December 2025 the original due date for your request was 15 January 2026.

I acknowledge that we have failed to meet the 30-day statutory deadline for providing you with a decision on this request for access to the Agency’s documents and apologise for the

delay. That deadline expired on 15 January 2026, making this matter now “deemed’ which enables you different rights (addressed in Attachment B hereunder) for a review.

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 1 document, which fall within the scope of your request.

The document was 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 within the Technical Advisory Branch who could be expected to be able to identify documents within the scope of the request.

I have decided to:

• grant access to 1 document 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 • 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.

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

I have decided that Document 1 contains material that is exempt from disclosure under the FOI Act.

I have also identified that Document 1 contains material that is irrelevant to

our request. The irrelevant material relates to names and contact details of NDIA staff.

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.

Personal privacy (section 47F)

Section 47F of the FOI Act conditionally exempts a document(s) if its disclosure would involve the unreasonable disclosure of personal information about any person (including a deceased person).

The conditionally exempt material contains references to the middle and last names of staff members which have not previously been disclosed to you.

Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents would involve unreasonable disclosure of personal information, regard must be had to:

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. any other matters that the agency considers relevant.

Against these criteria, I take the view that:

a. it is apparent from the information that an individual is identifiable; and

b. the information referred to above is not readily available from publicly accessible

sources.

With reference to the assessment above, it would be unreasonable to disclose publicly this personal information and is therefore conditionally exempt under section 47F(1) of the FOI Act.

Public interest considerations – section 47F

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 not considered any of the irrelevant factors as set out under section 11B(4) of the FOI Act in making this decision.

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 relevant information in Document 1 would promote the objects of the FOI Act by providing access to documents held by the government and/or providing access to information.

Against disclosure, I consider that disclosure of the relevant information in Document 1:

• would not contribute to the publication of information of sufficient public interest to justify the likely harm caused by release

• would not enhance Australia’s representative democracy in the ways described in section 11B(3) of the FOI Act

• would not inform any debate on a matter of public importance, or promote oversight of public expenditure.

While there is limited public interest in the disclosure of information conditionally exempt under section 47F of the FOI Act, the harm that would result from disclosure is that it could reasonably be expected to:

• affect an individual’s right to privacy by having their personal information in the public domain

In summary, 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. Accordingly, I have decided that the relevant information in Document 1 is exempt under section 47F of the FOI Act.

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 Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division

Attachment A

Schedule of Documents for FOI 25.26-1635

Document number	Page number	Description	Access Decision	Comments
1	1-8	Research Request — Bulimia and Anorexia Nervosa: Medicare Benefits Schedule Date: 24 January 2020	PARTIAL ACCESS Exemption claimed: s47F(1) — personal privacy	This document has been archived and is no longer in use by advisors. It contains outdated information.

Delivered by the

National Disability Insurance Agency 1

Attachment B 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:

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 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.