FOI 25.26 1266 Decision Notice of Decision | FOI release material

Our reference: FOI 25/26-1226 (LEXD 12090)

GPO Box 700

Canberra ACT 2601

1800 800 110 24 September 2026 ndis.gov.au

Meran

Right to Know

By email: foi+request-13986-446988c2@righttoknow.org.au

Dear Meran

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 8 November 2025, 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 requested access to the following documents:

“In accordance with the provisions of the Freedom of Information Act 1982, please

provide IN FULL all documents held by your Agency which are CURRENT, NON

PUBLICLY AVAILABLE, and address:

The exact data points which determine what the Agency accepts as “substantially reduced functional capacity” in each of the six areas mentioned in s24(1)(c):

communication, social interaction, learning, mobility, self-care & self-management.

(Example: The Agency has argued in ART that an individual who can crawl around their

home has mobility).

The evidence base (including but not limited to high quality research and expert testimony) upon which the Agency determines the threshold for “substantially reduced

functional capacity“ in each of the six areas previously mentioned.”

Extension of time

On 13 November 2025, you agreed to a 30-day extension of time under section 15AA of the

FOI Act, making 7 January 2026 the date by which to provide you with a decision on your

request.

Processing period

The date by which to provide you with a decision on your request was 7 January 2026. We

have been experiencing processing delays, and were unable to provide you with a decision

by this date. Consequently, your application is deemed to have been refused under section

15AC of the FOI Act.

I note that this access decision is being released to you after the due date, and I apologise

for the delay. In the interests of not causing any further delay, I have decided not to apply for

an extension from the Office of the Australian Information Commissioner (OAIC) under

section 15AC of the FOI Act. This means that you are unable to seek an internal review of

this decision. However, you are able to apply to the OAIC for an external review of this

decision. Please see Attachment C for more information about your rights of review.

Search efforts

searches were conducted of NDIA business systems, using all reasonable search terms that

could return documents relevant to your request. In addition, I have consulted with relevant

NDIA staff in the Technical Advice and Practice Improvement Branch who could be

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

As a result of these searches, I have identified 5 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 and refuse access to 1 document.

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 2

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.

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.

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

Saoirse (SFG115)

Senior Freedom of Information Officer

Information Access and Privacy Branch

Reviews and Information Release Division

National Disability Insurance Agency

Attachment A

Schedule of Documents

FOI 25/26-1226

Document    Page number                      Description                           Access Decision

number

Knowledge Article - Check eligibility – DIS – significant

1            1 – 4                                                       FULL ACCESS

functional impact v6.0

2           5 – 27        Knowledge Article - Make an access decision v15.0            FULL ACCESS

Knowledge Article - Understand disability requirements

3           28 – 31                                                      FULL ACCESS

v4.0

4           32 – 84         Operational Guideline - Applying to the NDIS v10.0            FULL ACCESS

REFUSE ACCESS

Exemption claimed:

5            N/A                   Advice Support Tool - Access

Section 47E(d) – Certain Operations of

Agencies

Attachment B

Statement of Reasons

FOI 25/26-1226

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 document 1 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)

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.

The NDIAs Advice Support Tools (the tools) are an internal resource that have been

developed for the exclusive use of Technical Advisors, allied Health Professionals engaged

by the NDIA to ensure consistency in the provision of advice to delegates of the NDIA. The

tools outline specific detail on how to determine if supports are reasonable and necessary

against a specific criterion, and the quantum / intensity / volume of the supports that a

participant should receive based on evidence provided – such as reports from therapists or

providers.

The disclosure of this information would reveal methodologies the NDIA uses to assist in

determining levels of support provided to NDIS participants, which is to better ensure that

participants receive supports that are reasonable and necessary. 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.

I am satisfied that the release of this information would potentially result in the public

disclosure of internal methodologies that, through improper use, would, or could, lead to a

distortion of funding levels that would substantially and adversely affect the integrity of the

NDIS and its financial sustainability. Accordingly, I have decided that the information in all 67

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

Public interest considerations – section 47E(d)

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.

Against disclosure, I consider that disclosure of the relevant information in the 67documents

would not contribute to the publication of information of sufficient public interest to justify the likely harm caused by release
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 47E(d) of the FOI Act, the harm that would result from disclosure is that it

could reasonably be expected to:

provide the world at large the criteria and threshold for decisions on access levels of supports, which could be used to manipulate justifications / recommendations for

prescribed supports for participants

risk the integrity of the decision-making framework used by Technical Advisors in the provision of recommendations for participants to receive supports that are reasonable

and necessary

hinder the ability of Agency decision-makers to comply with their obligations and make informed decisions, which, in turn, helps to ensure the financial stability and integrity of

the National Disability Insurance Scheme

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

Attachment C

Freedom of Information request – Your review rights

As your request is deemed to have been refused under section 15AC of the FOI Act

because of processing delays, you are unable to apply for an internal review of the decision.

However, if you have concern with any aspect of this decision, please contact the NDIA FOI

team by email at foi@ndis.gov.au, or 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 for 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 application form which is available on the OAIC’s

website: OAIC Review Application Form.

An application to the OAIC must be made within 60 calendar days from the date of the

deemed refusal decision, as set out in our letter to you (Notice of Decision). You may also

apply to the OAIC for an extension of this timeframe, from the date of the deemed refusal

decision until the date of your application for review.

Applications for review can be lodged with the OAIC in the following ways:

Online: OAIC Review Application Form

Post: Office of the Australian Information Commissioner

GPO Box 5218

SYDNEY NSW 2001

Email: enquiries@oaic.gov.au

Phone: 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 the 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 provided above.

Your complaint to the Ombudsman can be directed to:

Phone: 1300 362 072 (local call charge)

Email: ombudsman@ombudsman.gov.au