FOI 25.26 1962 Decision Notice of Decision | FOI release material

Our reference: FOI 25/26-1962 [LEXD 15494]

GPO Box 700 Canberra ACT 2601 1800 800 110 1 September 2026 ndis.gov.au

David Wright

By email: foi+request-14233-d2ceafxx@xxxxxxxxxxx.xxx.xx

Dear David Wright

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 29 January 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 request.

Scope of your request

You requested access to the following document(s):

“I request a copy of the current internal manuals, guidelines, or instructional documents used by NDIA staff and contractors to define and categorise participants into the 15 levels of function (often grouped into three bands: Levels 1–5, 6–10, and 11–15).

Specifically, I seek documents that outline:

The clinical or functional criteria used to assign a participant to each of the 15 specific levels.

Any Standard Operating Procedures or staff training materials that explain how assessment data (such as WHODAS or PEDI-CAT scores) is converted into these 15 numerical levels.

Explanations of each level of function, e.g. what participants at each level generally can/cannot do.”

Extension of time

On 4 February 2026, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 30 March 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 30 March 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

Reasonable 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 Scheme Eligibility Branch, Service Guidance Branch, Frontline Capability Branch, Technology and Data/Chief Information Officer Division, Actuarial Insights and Monitoring Branch, Technical Advice and Practice Improvement Branch and National New Starter Learning Program 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 2 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:

refuse access to 2 documents

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
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 the 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 the information would be contrary to the public interest, in accordance with section 11A(5) of the FOI Act.

I am also satisfied that some documents cannot be found or do not exist. As such, I am refusing access to those documents in accordance with section 24A of the FOI Act.

A detailed statement of reasons for my decision can be found at Attachment B.

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 fox@xxxx.xxx.xx.

Yours sincerely

Patrick (PHO293)

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 25/26-1962

Document number	Description	Access Decision	Comments
1	Screenshot – Level of Function Mapping Matrix	REFUSED ACCESS Exemption(s) claimed: s47E(d) – certain operations of agencies
2	Spreadsheet – Reference Packages	REFUSED ACCESS Exemption(s) claimed: s47E(d) – certain operations of agencies

Attachment B

Statement of Reasons

FOI 25/26-1962

Refusal of access to information

Documents do not exist (section 24A)

Section 24A of the FOI Act provides that an agency may refuse a request for access to a document if all reasonable steps have been taken to find the document, and the agency is satisfied that the document cannot be found or does not exist.

I have consulted with relevant NDIA staff in the Scheme Eligibility Branch, Service Guidance Branch, Frontline Capability Branch, Technology and Data/Chief Information Officer Division, Actuarial Insights and Monitoring Branch, Technical Advice and Practice Improvement Branch and National New Starter Learning Program who could be reasonably expected to be able to identify documents within the scope of your request.

Despite these search efforts, I am satisfied that the following documents referred to in your request could not be found or do not exist:

Any Standard Operating Procedures or staff training materials that explain how assessment data (such as WHODAS or PEDI-CAT scores) is converted into these 15 numerical levels.
Explanations of each level of function, e.g. what participants at each level generally can/cannot do.

A Level of Function is a way the NDIA standardises testing from various clinical assessment tools such as the WHODAS or PEDI-CAT as described in your request. This standardisation is performed in the backend of our systems such as PACE or CRM when these scores are inputted.

As such, there isn’t necessarily SOPs or training material that describe how assessment data is converted into a Level of Function score, as this is not a manual process performed by staff. I note that the documents located within the scope of your request do describe how assessment data is converted into a Level of Function score, however, given they are more technical in nature, I have considered they better fit the first point in the scope of your request.

Additionally, these consultations did not identify any documents that contain descriptions of what participants at each Level of Function can or cannot generally do.

This is because the Level of Function is not used by the Agency as a descriptive classification of a participant’s functional capacity. Rather it is a standardised score derived from functional assessment information and is used for specific operational and reporting purposes. When making decisions about a participant’s supports or circumstances, the Agency does not rely on a participant’s Level of Function score. Instead, each participant is considered on their individual circumstances, having regard to the evidence available, including reports and assessments provided by the participant’s relevant treating clinicians and other appropriate professionals.

Accordingly, the Agency does not hold documents that describe the typical abilities or limitations associated with each Level of Function, as this is not how the Level of Function is applied in practice.

As such, I am satisfied that all reasonable steps have been taken to locate the document(s) you have requested and that the document(s) cannot be found or do not exist. I have therefore decided to refuse your request for access to the document(s) in accordance with section 24A(1) of the FOI Act.

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 documents 1 and 2 on the basis that the information is conditionally exempt information under sections 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 from release 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.

Documents 1 and 2 contain information relating to certain operations of the NDIA, specifically, they contain detailed technical information describing the methodology used by the Agency to convert the results of multiple functional assessment tools into a standardised Level of Function score.

I consider that disclosure of these documents could reasonably be expected to have a substantial adverse effect on the proper and efficient conduct of the Agency’s operations. Public disclosure of the technical conversion methodology would reveal the specific processes used to derive a participant’s Level of Function score. This could enable individuals or organisations to tailor the presentation of assessment information with the aim of influencing the resulting score, undermining the integrity and reliability of the Agency’s functional assessment framework.

The Agency relies on the Level of Function methodology as a consistent and objective operational tool. If the integrity of that methodology were compromised, the Agency’s ability to use the resulting scores confidently for operational purposes, including internal reporting, would be diminished. This could reasonably be expected to require additional scrutiny of assessment information, reduce the efficiency of decision-making processes, and necessitate the review or redevelopment of the methodology to mitigate the effects of its disclosure. These consequences would have a substantial adverse effect on the proper and efficient conduct of the Agency’s operations.

Accordingly, I am satisfied that documents 1 to 2 are conditionally exempt under section 47E(d) of the FOI Act.

Public interest considerations – section 47E

It is not enough that I have decided the documents contains information that is conditionally exempt under sections 47E(d) of the FOI Act. I must also decide whether the public interest lies in favour of, or against, the release of that information.

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 factor 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:

promote transparency and accountability by providing greater insight into how functional assessment information is processed and converted into a standardised score.
Assist participant, providers and members of the public to better understand the Agency’s processes and how information is used for operational and reporting purposes.

I have decided to afford moderate weight to these 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.

As outlined above, disclosure could reasonably be expected to undermine the integrity of the methodology by making the technical basis of the scoring processes publicly available. This could affect the reliability and consistency of the resulting Level of Function scores and, consequently, the usefulness of those scores for the Agency’s operational and reporting functions.

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 the information in question could reasonably be expected to:

Undermine he reliability of Level of Function scores
Reduce the effectiveness of Level of function scores as an operational tool
Prejudice the Agency’s ability to maintain a consistent approach to functional assessment and reporting
Require the Agency to modify or review its methodology or processes if disclosure results in it no longer operating effectively for its intended purposes

I have decided to afford significant weight to these factors favouring nondisclosure.

Balancing the relevant factors

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.

With reference to the assessment above, I conclude that this information is exempt from release under section 47E(d) of the FOI Act.

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