NDIS correspondence: Notice of varied revised decision under section 55G of the Freedom of Information Act 1982 - FOI 24/25-1088

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Our reference: FOI 24/25-1088 OAIC reference: MR25/01106

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

19 September 2025

Elias

By email: foi+request-12715-7be8a9ea@righttoknow.org.au and elias3.contact@gmail.com

Dear Elias,

Freedom of Information request — Notice of varied revised decision under section 55G of the Freedom of Information Act 1982

On 12 January 2025 we received your correspondence in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).

The purpose of this letter is to provide you with a revised decision on your request.

Scope of your initial request

You requested access to the following documents:

‘All current internal policies, knowledge articles, standard operating procedures, checklists, and templates pertaining to:

  1. Plan reassessment

  2. Plan variation

  3. ‘Check-in’ meetings/conversations

Please include all identified documents in full, I consider all parts of a document to be relevant. This also includes the ‘version control’ information for every document’.

You had revised the scope of your request to be for the following documents:

‘The title, file name and date published for each of the 163 documents identified during the preliminary search in FOI 24/25-1088’.

On 20 May 2025, we issued you a decision refusing access as no such document was located with this information and to create a document under section 17(1) of the FOI Act would substantially and unreasonably divert resources of the agency.

On 18 August 2025, we were notified that you applied to the Office of the Australian Information Commissioner (OAIC) for a review by the Information Commissioner (IC) of our decision.

Initial Decision

As noted, on 20 May 2025, we issued you a decision refusing access as no such document was located with this information and to create a document under section 17(1) of the FOI Act would substantially and unreasonably divert resources of the agency.

Revised decision under section 55G

Section 55G(1)(a) of the FOI Act provides that at any time during an IC review, an Agency may vary an access refusal decision in favour of the applicant by giving access to documents in accordance with the request (revised decision).

Section 55G(2) provides that an Agency must notify the IC of the revised decision, and that decision becomes the decision under review.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act, including revised decisions under s55G of that Act. My varied revised decision on your request and the reasons for my decision are set out below.

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. We have been able to produce a document containing the information you requested. I have, therefore, treated your request as if it were a request for access to this document in accordance with section 17(1)(c) of the FOI Act.

The document was created by consulting with Service Design Division who could be expected to be able to identify documents within the scope of the request.

Please note that documents were identified prior to scope being clarified. As such, there are duplications and documents owned by other business areas.

Some documents listed were not released at the time of your initial request or had been updated and released at a later date. As they were released after the FOI request was received, I have considered the OAIC guidelines on ‘Documents in existence’ as to whether to include them, and I have decided to include them as a courtesy.

I have decided to grant access to the document in full

In reaching my decision, I took the following into account:

  • your correspondence outlining the revised 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 the Service Design Division
  • factors relevant to my assessment of whether or not disclosure would be in the public interest
  • the NDIA’s operating environment and functions.

Release of documents

The document for release, as referred to in the Schedule of Documents at Attachment A, is enclosed.

In accordance with section 55G(2) of the FOI Act, I will be providing the OAIC with a copy of this revised decision.

If you determine that you are satisfied with this revised decision and do not need to proceed with the Information Commissioner (IC) review, please let the OAIC know.

If you would like clarification on any aspect of my decision, please do not hesitate to contact me by email at foi@ndis.gov.au.

Yours sincerely

SussanJ.

Sussan (SJL495) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division

Attachment A

Schedule of Documents for FOI 24/25-1088

Document number Page number Description Access Decision Comments
1 1-15 List of resources FULL ACCESS Document created under section 17 of the FOI Act