Our reference: FOI 25/26-0182 [ LEXD 1612 ]
GPO Box 700 Canberra ACT 2601 1800 800 110 31 October 2025 ndis.gov.au
Nicky T Right to Know
By email: foi+request-13433-126c89bc@righttoknow.org.au
Dear Nicky T
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 20 July 2025 (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:
“…All technical advice, official guidelines and assessment tools related to the following:-
Accepted professionals who will be able to complete a Vineland Recognition of allied health professionals not covered by AHPRA including social workers, speech pathologists and play therapists
Official guidance related to the inclusion or exclusion of play therapy in children’s NDIS plans.
Process used in determining the funding periods in plans (monthly, quartely etc).
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Justifications and assessment tools used to specify stated therapeutic disciplines within capacity building budgets.
Assessment tools and guidelines used to justify a ‘typical support package’ for a both child under 9 and adolescents with autism or intellectual disability, including internal operational guidelines, advice, memos and staff updates.
Documentation and advice guidelines provided by TAPID regarding assessing access decision, criteria for approving non typical support package for autistic children and adolescents…”
Date of this decision
On 23 July 2025, my colleague emailed you asking if you would agree to extending the time for processing your request by 30 days. You did not provide an answer in response to the request, meaning a due date of 19 August 2025 remained. We apologise for failing to meet this timeframe and confirm you retain your right to an external review of this decision.
Request Consultation
On 16 October, I sent you an email/letter initiating a consultation process under section 24AB of the FOI Act. I advised I intended to refuse access to your request on the grounds that your request is too large and would be a diversion of resources.
You were given a period of 14 days to respond to the letter and revise the scope of your request. That time has elapsed, and we have not received a response from you.
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 decided to refuse your request for access under section 24 of the FOI Act on the basis that, after having conducted a request consultation process, I am satisfied that the work involved in processing the request would substantially and unreasonably divert the NDIA’s resources from its other functions.
In making this decision, I have had regard to the resources that would have to be used for:
- (a) collating the documents within the NDIA’s systems;
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- (b) deciding whether to grant or refuse access to each document, or to grant access to an
edited copy of each document, including resources that would have to be used for:
- (i) examining each document; and/or
- (ii) consulting with other persons and/or bodies in relation to the request;
- (c) making copies and edited copies of each document; and
- (d) notifying a final decision on the request.
In reaching my decision, I have also considered:
- the particulars of your request
- the FOI Act; and
- the FOI Guidelines.
Reasons for decision
Practical refusal (section 24AA)
Section 24AA of the FOI Act provides that a practical refusal reason exists in relation to a request for a document if the work involved in processing the request would substantially and unreasonably divert the resources of an agency from its other functions.
Section 24A states that, if an agency is satisfied that a practical refusal reason exists in relation to a request, the agency must undertake a request consultation process under section 24AB, and, if, after that process, the agency is satisfied that the practical refusal reason still exists, it may refuse to give access to the documents sought.
As set out above, you were contacted on 16 October 2025 regarding the size of the scope of your request and provided with suggestions on how to narrow the scope of your request to a manageable size. You have not responded to that correspondence or contacted us to advise of an alternative scope. I am therefore satisfied that the practical refusal reason still exists, and I refuse access to the documents you are seeking.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment A.
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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
Rachelle Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
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ATTACHMENT A
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 Information Release, Privacy and Legal Operations 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 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.
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