Our reference: FOI 25/26-2356 (LEXD 17987)
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au24 March 2026
Apple
By email: foi+request-14433-41d8f60a@righttoknow.org.au
Dear Apple
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 6 March 2026, in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the Freedom of
Information Act 1982 (FOI Act).
Scope of your request
You have requested access to the following documents:
… all current policies and templates used in deciding CDDA claims.
Decision on access to documents
I am authorised to make decisions under 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 on the basis
that I am satisfied they do not exist.
In reaching my decision, I took into account:
• your correspondence outing the particulars of your request;
• the FOI Act;
• the FOI Guidelines; and
• the terms of the National Disability Insurance Scheme Act 2013 (the NDIS Act) and
publicly available information regarding the Scheme for Compensation for Detriment
caused by Defective Administration (the CDDA scheme).
.
1Reasons for decision
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 the agency is satisfied that the document does not exist.
The CDDA scheme was administratively established in 1995 and was anchored in a Department of Finance circular, “Discretionary Compensation Mechanisms”. This circular provides that the scheme is not available to Commonwealth authorities and companies that have a separate legal identity to the Commonwealth. 1
Current information published by the Department of Finance confirms this, stating that the scheme provides a mechanism for non-corporate Commonwealth entities to compensate people who have experienced detriment as a result of a non-corporate Commonwealth entity’s defective administration.2
The Department of Finance also publishes a flipchart of Public Governance, Performance and Accountability Act 2013 Commonwealth entities and companies, which lists the NDIA as a corporate Commonwealth entity, that is, a Commonwealth entity that is a body corporate. 3
This is borne out by section 117(2) of the NDIS Act, which provides that the NDIA is a body corporate.
Because the NDIA is a body corporate, it is not subject to the CDDA scheme. The NDIA does not therefore hold any policies or templates used in deciding claims made under the scheme.
In the circumstances, I am satisfied that the documents to which you seek access do not exist. I have therefore decided to refuse access to your request in accordance with section 24A(1)(b)(ii) of the FOI 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
Helen Senior Freedom of Information Officer [HIL533] Information Access and Privacy Branch Reviews and Information Release Division
1 See Appendix A to Putting things right: compensating for defective administration. 2 See Scheme for Compensation for Detriment caused by Defective Administration (CDDA Scheme) | Department of Finance. 3 See Flipchart 2 February 2026 - FINAL.pdf.
2Attachment A 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 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 OAIC’s website via: OAIC Web Form, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
Online: OAIC Web Form
Post: GPO Box 5218, Sydney NSW 2001
Email: enquiries@oaic.gov.auPhone: 1300 363 992 (local call charge) Website: www.oaic.gov.au
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.
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