NDIS — FOI 24/25-0756: Notification of Decision

Our reference: FOI 24/25-0756

GPO Box 700 Canberra ACT 2601 1800 800 110 19 February 2025 ndis.gov.au

Clementine Saber

By email: foi+request-12336-ee33b5b1@righttoknow.org.au

Dear Clementine Saber

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 17 November 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:

(1). Article “Understand functional capacity assessments”

(2). Article “Create a new functional capacity assessment case”

(3). An un-redacted copy of “SGP KP Publishing – Record assessment - WHODAS” that was previously released in FOI 24/25-0230

(4). All other internal articles, guidance, and standard operating procedures about functional capacity assessments (both general and about specific assessment tools)

(5). The “WHODAS2 Training Presentation” document

(6). All training materials provided or available to staff about functional capacity assessments (both general and about specific assessment tools)

Please include all identified documents in full. I consider all parts of a document to be relevant, except the surnames and contact details of staff, which can be removed

Extension of time

On 25 November 2024, you agreed via email to a 30-day extension of time under section 15AA of the FOI Act, making 17 January 2025 the new date to provide you with a decision on access.

Expiration of time

As we were not able to complete your application by the legislated due date of 17 January 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

The NDIA’s Frontline Capability and Service Guidance Branch conducted searches and located 34 documents relevant to the scope of your request.

Section 17(1)(c) of the FOI Act provides that an agency can produce a written document containing the requested information, by the use of a computer or other equipment that is ordinarily available for retrieving or collating stored information.

The Frontline Capability Branch located 2 eLearning modules with information relevant to your request, and as such, created 2 additional documents pursuant to section 17 of the FOI Act for the purposes of your request.

Decision

I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on this FOI request.

I have decided to:

• Grant access in full to 26 documents
• Grant access in part to 10 documents in accordance with section 22 – Access to edited copies with exempt or irrelevant matter deleted on the grounds that the redacted material is considered irrelevant to your request.

Section 22 – Access to edited copies with exempt or irrelevant material deleted

Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a document where the agency has decided to refuse access to an exempt document or that to give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access.

In your FOI request you considered surnames and contact details of NDIA staff to be irrelevant to your request. Additionally on 1 February 2025, you confirmed via email that you had no objections to limiting point 6 of your request to only information relevant to functional capacity assessment, with the caveat that we do not consider information on those pages irrelevant and also provide the title page, contents page, introduction/overview page and version history for each document.

I have identified irrelevant material in 10 documents and am satisfied that it is reasonably practicable to remove this material and release the documents to you in material form.

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 fox@xxxx.xxx.xx.

Yours sincerely

Patrick (PHO293) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division

Attachment A

Schedule of Documents for FOI 24/25-0756

Document number	Page number	Description	Access Decision	Comments
1	1-8	Knowledge Article (KA) - Understand functional capacity assessments Date: July 2023	FULL ACCESS
2	9-15	KA - Create a new functional capacity assessment case Date: December 2023	FULL ACCESS
3	16-23	KA - Record Assessment WHODAS Date: October 2023	FULL ACCESS
4	24-31	KA - Record Assessment - PEDI-CAT Date: 18 December 2023	FULL ACCESS
5	32-39	KA - Record a communication function classification score Date: July 2023	FULL ACCESS
6	40-47	KA - Record information - Disease steps assessment Date: July 2023	FULL ACCESS
7	48-55	KA - Record Information - Expanded disability status scale Date: July 2023	FULL ACCESS
8	56-62	KA - Record information - functional impact of hearing loss Date: July 2023	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.