Our reference: FOI 24/25-0929
9 May 2025
Cat
By email: foi+request-12535-8b212a77@righttoknow.org.au
Dear Cat
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 10 December 2024, seeking access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).
I apologise for the delay in processing your request.
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. Policies, draft policies, technical advice and/or expert reports defining the “evidentiary standards required to be classified as a ‘therapy’ under the definition of NDIS supports.”
Triggers and/or threshold criteria for referring therapies, assistive technology, non-NDIS supports or other items/services to the Evidence Advisory Committee for review (e.g. as a potential addition to list of NDIS supports or list of eligible replacement supports).
Criteria to be met for addition to list of NDIS supports or list of eligible replacement supports following review by the Evidence Advisory Committee.“
Timeframe
A 30-day statutory period for processing your request commenced from 11 December 2024 in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was 9 January 2025. I note this time has lapsed and as a result we are deemed to have refused your request 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.
Points 1 & 2 of your request
Regarding points 2 and 3 of your request, I have consulted with Service Guidance Branch and Policy and Practice Branch who have both advised that no documentation exists for these points.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your request and the reasons for my decision are set out below.
I have identified 1 document, which falls within the scope of your request.
The document was identified by Service Guidance Branch who conducted searches of NDIA’s systems, using all reasonable search terms that could return documents relevant to your request, and consulting with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request.
I have decided to grant access to 1 document in full.
In reaching my decision, I took the following 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
- the NDIA’s operating environment and functions.
National Disability Insurance Scheme (NDIS) Evidence Advisory Committee (EAC)
The EAC was established by the Australian Government. It will give independent expert advice to government on the suitability of supports for funding under the NDIS. The EAC will be set up by July 2025 and meet several times each year. The Department of Social Services (DSS) will support the EAC and a cross-agency steering committee to develop a work plan each year.
I would encourage you to consider submitting any future requests to DSS for any documents related to the EAC that would be held by this department.
Release of documents
The document for release, as referred to in the Schedule of Documents at Attachment A, is enclosed.
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
Kate (KIM627) A/Assistant Director – Freedom of Information Non Personals Team Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 24/25-0929
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-24 | OG Therapy Supports (Draft) Date: 2 December 2024 |
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.