Our reference: FOI 24/25-1662
24 June 2025
Emily Lacey Right to Know
By email: foi+request-12996-a987488e@righttoknow.org.au
Dear Emily Lacey
Freedom of Information request - Notification of Decision
Thank you for your correspondence of 2 April 2025, requesting 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 notify you of my decision on your application.
Scope of your request
You have requested access to the following documents:
...A list of Administrative Review Branch “Case Management Guide” document titles/details were released under FOI 24/25-0142. I am requesting a copy of the following documents from that list:
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Restrictive Practices File name: NDIA-ARB-GDE-013-DRAFT Date Created: September 2024 Date Published: Status: DRAFT
- (Please provide the document in full) –
Document title: AAT Case Management Guide: Restrictive Practices File name: NDIA-AAT CM-GDE-013-OBSOLETE Date Created: January 2023 Date Published: January 2023 Date Archived: 17 September 2024
Status: OBSOLETE
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Critical Incidents File name: NDIA-ARB-GDE-034-DRAFT Date Created: September 2024 Date Published: Status: DRAFT
- (Please provide the document in full, including any tracked changes or comments on the draft. If this draft copy of the document has been finalised, please provided that finalised version) –
Document title: Case Management Guide: Behaviour Supports File name: NDIA-ARB-GDE-012-DRAFT Date Created: September 2024 Date Published: Status: DRAFT
- (Please provide the document in full) –
Document title: AAT Case Management Guide: Behaviour Supports File name: NDIA-AAT CM-GDE-012-OBSOLETE Date Created: January 2023 Date Published: January 2023 Date Archived: 17 September 2024 Status: OBSOLETE…`
Processing timeframe
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory period for processing your request commenced from 3 April 2025. The due date for a decision on access was 2 May 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. I sincerely apologise for the delay and confirm that you retain your right to seek external review of this decision.
Disclosure Log documents provided
On 20 June 2025, I provided you with documents falling within scope of Parts 3, 4 and 5 of your request. These documents had previously been released in the context of Freedom of Information requests FOI 24/25-1362 and FOI 24/25-1490 and were listed on the NDIA’s disclosure log.
For the purposes of this decision, I am not considering those documents.
Search efforts
Relevant staff from NDIA’s Administrative Review Tribunal team conducted searches and identified two (2) documents falling within the scope of Parts 1 and 2 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 grant access to two (2) documents in full.
In reaching my decision, I took the following into account:
- your correspondence on 2 April, 10 June and 19 June 2025 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 and
- factors relevant to my assessment of whether or not disclosure would be in the public interest.
Release of documents
The documents for release, as referred to in the Schedule of Documents at Attachment A, are 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 foi@ndis.gov.au.
Yours sincerely
Helen (HIL533) Assistant Director Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 24/25-1662
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-5 | Case Management Guide – Restrictive Practices (Final) Date: 20 March 2025 |
FULL ACCESS |
| 2 | 6-9 | AAT Case Management Guide – Restrictive Practices (Obsolete) Date: 4 January 2023 |
FULL ACCESS |
Attachment B
Your review rights
Internal Review
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 also 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.