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NDIS correspondence: Notice of Decision - FOI 24/25-1219

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Our reference: FOI 24/25-1219

GPO Box 700 Canberra ACT 2601 1800 800 110 11 April 2024 ndis.gov.au

Gemma Jones

By email: foi+request-12802-39a46363@righttoknow.org.au

Dear Gemma Jones

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 3 February 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:

“I am requesting access under the Freedom of Information Act 1982 (FOI Act) to the following documents:

Any documents that define or provide guidance on the key indicators for determining the provision of 2:1 support for participants who are children with profound disabilities.

The TAB internal guidelines for determining eligibility and need for 2:1 support for children with profound disabilities under the NDIS.

The Standard Operating Procedure (SOP) relevant to the assessment and determination of 2:1 support for children with profound disabilities.”

Expiration of time

The FOI Act provides 30 calendar days for the processing of an FOI request after it is received. As your valid FOI request was received on 3 February 2025, the original due date for your request was 5 March 2025.

On 17 February and 26 February 2025, we emailed you seeking your agreement to a 30-day extension of time pursuant to 15AA of the FOI Act; to date we have not received a response to these requests.

On 3 March 2025, we submitted a request to the Office of the Australian Information Commissioner (OAIC) for an extension of time pursuant to 15AB of the FOI Act. On 5 March 2025, we received a decision from the OAIC to decline our extension request.

Therefore, the due date to provide you with a decision on your request remains 5 March 2025, and as we were not able to complete your application by this legislated due date, your application is regarded as a deemed refusal 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. Details are set out in Attachment B to this letter.

Searches conducted

Searches were conducted by the following business areas for documents relevant to the scope of your FOI request:

  • Technical Advice and Practice Improvement Branch (TAPIB); and
  • Service Design;
  • Children’s Strategy and Services

Decision

I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on this FOI request.

After reviewing all advice and information provided, I have determined that documents relevant to the scope of your request cannot be located or do not exist. As such, I have decided to refuse access to information relevant to the scope of your request pursuant to 24A of the FOI Act, details of why are set out in my statement of reasons 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.

Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at fox@xxxx.xxx.xx.

Yours sincerely

Patrick (PHO293) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division

Attachment A

Statement of Reasons

FOI 24/25-1219

REFUSAL UNDER 24A

I have refused access to the information you requested under section 24A of the FOI Act on the basis that documents are unlocatable or do not exist.

Relevant Law

Under the FOI Act, a person has a right to be given access to documents of an agency. However, the right of access is subject to limitations, including grounds for refusal of access. Section 24A of the FOI Act states 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.

Searches for documents

I engaged in consultations with the following business areas to obtain documents within their possession which may fall within the scope of your FOI request:

  • Technical Advice and Practice Improvement Branch (TAPIB); and
  • Service Design;

As a result of these searches 17 documents were located, these searches were conducted between 17 February and 25 February 2025 and were overseen by senior staff.

On 18 February 2025, we were advised that the following business area may also have documents in their possession which may fall within the scope of your request, and a subsequent search consultation was sent to:

  • Children’s Strategy and Services

As a result of this search, one document was located, this search was conducted between 18 February and 26 February 2025 and was overseen by senior staff.

In total, 18 documents were located by the above business areas. After reviewing these documents, I have determined that they do not fall within the scope of your request.

Interpretation of Scope

In processing your request, I have interpreted the scope to be for documents that are specific to 2:1 supports for children with profound disabilities. Where documents have been located that only meet some of these criteria, I have considered them out of scope of your request.

Review of Documents and Advice by Business Areas

TAPIB

Advice provided by TAPIB was that they do not hold documents that meet the specific criteria of the scope of your request. They did however provide twelve (12) documents for consideration, stating that they met some of the criteria, but were general documents that provide guidance for all participants.

I have reviewed these documents and agree with the assessment that they only meet some of the criteria of your request and, therefore, fall outside its scope.

Service Design

Advice provided by Service Guidance was that they do not hold documents that meet the specific criteria of the scope of your request. They did however provide five (5) documents for consideration, stating their operational guidelines provide content for decision making to include supports, and that these may fall within part of the scope of your request.

Four (4) of the documents provided are publicly available. I have reviewed these documents and have determined they do not fall within the scope of your request given they are not specific to its criteria; however, I am providing them to you administratively in the form of links below.

The remaining document provides guidance regarding early connections. I have reviewed this document and note that it refers to children with profound disabilities stating they need a priority response to ensure they receive appropriate and timely supports but makes no mention of 2:1 supports. Therefore, after consideration of the above, I have determined that this document falls outside the scope of your request.

Publicly Available Documents

[Early childhood approach | NDIS](Early childhood approach | NDIS)

[Reasonable and necessary supports | NDIS](Reasonable and necessary supports | NDIS)

[Creating your plan | NDIS](Creating your plan | NDIS)

[Mainstream and community supports | NDIS](Mainstream and community supports | NDIS)

Children’s Strategy and Services

Advice provided by Children’s Strategy and Services was that they do not hold documents that meet the specific criteria of the scope of your request. They did however provide one (1) document for consideration, stating that it meets some of the criteria, specifically about 2:1 support.

I have reviewed the document and note that the only mention of 2:1 supports is regarding assistance for participants who experience seizures. Therefore, after consideration of the above, I have determined that this document falls outside the scope of your request.

Decision

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

  • Your correspondence of 3 February 2025 outlining the scope of your request
  • The provisions of the FOI Act including ss 15 and 24A
  • The FOI Guidelines published under section 93A of the FOI Act, particularly parts 3.89 to 3.94 regarding sufficiency of search
  • Consultation with relevant officers and business areas of the NDIA

Based on the search results from the relevant business areas and consultation with subject matter experts, I am satisfied that sufficient searches were performed, and no documents were located that fall within the scope of your request.

I therefore refuse access to the information under section 24A of the FOI Act on the basis that the information cannot be found or does not exist.

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 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:

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:

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.