Our reference: FOI 24/25-0913
GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au
27 March 2025
David Wright
By email: foi+request-12517-f0b428bb@righttoknow.org.au
Dear David Wright
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 9 December 2024 (your correspondence), seeking 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 have requested access to the following documents:
“..I understand that the NDIAs Quality, Reporting Strategy and Training Team was at some point renamed the Continuous Improvement Team and absorbed into a new branch named the Legal Practice and Capability Branch, retaining responsibility for the management of guidance material for AAT case managers.
I seek any guidance material prepared by the Legal Practice and Capability Branch that mentions Applied Behaviour Analysis (ABA)…“
Extension of time
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 9 December 2024, the original due date for your request was 8 January 2025.
On 4 January 2025, you agreed via email to a 30-day extension of time under section 15AA of the FOI Act, making 7 February 2025 the new date to provide you with a decision on access.
As described in our email, the extension of time was requested because the agency is currently experiencing a high volume of FOI requests. I apologise for the delay this has caused in providing you with a decision.
Expiration of time
As we were not able to complete your application by the legislated due date of 8 February 2025, your application is regarded as a deemed refusal under section 15AC of the FOI Act.
Despite this, I have continued to process your application. I apologise for the delay and confirm that you retain your right to seek external review of this decision. Details are set out in Attachment B to this letter.
Searches conducted
I engaged in consultations with the following business area to obtain documents within their possession which may fall within the scope of your FOI request:
- Legal Practice and Capability Branch – Continuous Improvement Team
As a result of this search, two (2) documents were located, this search was undertaken between 4 February and 21 February 2025 and was overseen by senior staff within the business area.
An assessment of the documents by the FOI Team determined that one (1) of the documents located was irrelevant to the scope of your request as it was an obsolete document developed by the Quality, Strategy and Training Team, and your request was explicit for documents prepared by Teams within the Legal Practice and Capability Branch.
Decision
I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on this FOI request.
In total 1 document relevant to the scope of your request was located, I have decided to:
- Grant access to 1 document in full
Please note that the document is currently under review and therefore in draft form. The previous version of this document is the obsolete document developed by the Quality, Strategy and Training Team that was determined to be irrelevant to your request.
The decision in relation to each document is detailed in the schedule of documents at Attachment A.
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
Patrick (PHO293) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 24/25-0913
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-4 | Case Management Guide - Applied Behavioural Analysis (ABA) - Draft Undated |
FULL ACCESS |
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.