IR 26.27 018 Decision Notice of Decision

Our reference: FOI 25/26-3705 [LEXD 25280] Internal Review Decision Reference: IR 26/27-018 [LEXD 30901]

GPO Box 700

Canberra ACT 2601

1800 800 110 28 September 2026 ndis.gov.au

Meaz

By email: foi+request-15013-b4455723@righttoknow.org.au

Dear Meaz

Freedom of Information request — Notice of Internal Review Decision

Thank you for your correspondence of 29 August 2026, in which you requested an internal

review of the decision made by the National Disability Insurance Agency (NDIA) on 28

August 2026 (Original Decision), in relation to your request for access to documents under

the Freedom of Information Act 1982 (FOI Act).

The purpose of this letter is to provide you with a decision on your request for internal review

of the original decision.

Original decision

On 28 August 2026, you were notified of the NDIA’s decision on your original request

(original decision). The original decision decided to:

• grant access to 5 documents in part Internal review

You have requested an internal review of the original decision on the following grounds:

“My review request is limited to the parts of my narrowed scope that remain

unanswered.

1. Autism intervention intensity / decision tools The released material confirms that NDIA guidance:

a. classifies early-childhood intervention need as high or medium-to-low; b. refers to an EC Early childhood intervention supports guide (EC Guide) containing

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recommended levels of support; and c. refers to the Planning Conversation Support

Tool for guidance about the level of specialist behavioural intervention support.

Please provide the relevant parts of those tools, and any other matrix, decision aid or

worked example, used to determine the frequency, duration or intensity of ABA,

ESDM, NDBI, PBS, parent coaching or multidisciplinary autism intervention.

2. Autism-specific guidance Please conduct further searches for any internal guidance concerning:

a. application of the May 2023 Behavioural interventions for children on the autism spectrum report in planning or internal review; b. whether ASD / DSM-5 support

levels affect intervention intensity, draft budgets, specialist referral or funding; c.

autism-specific justification or decision-reason guidance where recommended

supports are reduced, refused or funded below professional recommendations; and

d. any internal instruction identifying which Autism CRC guidance delegates use and how it is applied.

The released bundle does not identify ABA, ESDM, NDBI, ASD/DSM-5 or Autism

CRC guidance.

To the extent that any of the redacted worked examples concern autism, intensive

early intervention, or refusal/reduction of supports below professional

recommendations, please also reconsider those redactions.

3. If no such documents exist If the further searches confirm that no such autism-specific operational material

exists, please expressly confirm that the NDIA does not hold internal guidance

addressing the above matters, and that delegates rely on general early-childhood

guidance and the released research material instead.

I do not seek documents already released.”.

Relevant considerations

You have further requested that you be given access to any additional relevant documents

that may not have been released to you previously.

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Search efforts

We have consulted again with relevant NDIA staff in the Children’s Practice 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 confirm that no additional documents have been identified as

falling within the scope of your request. I also confirm that all documents falling within the

scope of your request were released to you previously.

Decision on your request for internal review

I am authorised to make internal review decisions under section 54C of the FOI Act. In doing

so, I can review and decide all issues raised in your FOI request, and exercise all the powers

available to the original decision maker. However, I am not bound by the original decision,

and I am required to make a fresh decision on your request.

have decided to affirm the original decision, being a decision to:

• grant access to 5 documents in part 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
• the operating environment and functions of the NDIA I am satisfied that the documents referenced in your internal review request 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 A.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at

Attachment B.

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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 Access and Privacy Branch

Reviews and Information Release Division

National Disability Insurance Agency

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Attachment A

Statement of Reasons

IR 26/27-018

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 Children’s Practice Branch 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 documents referred to in your request

could not be found or do not exist

The Children’s Practice Branch notified that the guidance that they write is for all children

younger than 9, and that there is no specific guidance developed for children with autism.

The also advised that there were no additional documents beyond those already provided as

part of the original consultation in the original response to FOI 25/26-3705.

I am satisfied that all reasonable steps have been taken to locate the documents you have

requested and that the documents 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.

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Attachment B

Freedom of Information request – Your review rights

Review by the Office of the Australian Information Commissioner

The FOI Act 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 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, within 60 days of receiving this letter: OAIC Review Application Form.

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

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