Our reference: FOI 24/25-0231
GPO Box 700
Canberra ACT 2601
1800 800 110
23 October 2024
ndis.gov.au
Gabriel
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Gabriel
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 22 August 2024, in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the
Freedom of
Information Act 1982 (FOI Act).
Scope of your request
You requested access to the following:
“…any internal NDIS documents which provide guidance on when funding can be
provided to assist adult participants attending formal education."
Extension of time
On 18 September 2024, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, extending the due date to 23 October 2024 to provide a decision on request.
Document Search
I have identified 8 documents, which fall within the scope of your request.
The documents were identified by conducting searches of NDIA’s systems, using all
reasonable search terms that could return documents relevant to your request, and
consulting with NDIA staff who could identify documents within the scope of the request.
Decision on access to documents
After examining the documents, I have decided to:
grant access to 7 documents in full
grant access to 1 document in part
I made this decision as an authorised FOI decision maker under section 23(1) of the FOI Act.
Reasons for decision
I have decided that some information will not be released as it comprises Information that is
conditionally exempt under 47E(d) of the FOI Act, information where disclosure would be
contrary to the public interest.
A detailed statement of the reasons for my decision is at
Attachment A.
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Release of documents
A schedule of documents for release can be found at
Attachment B.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment C.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at xxx@xxxx.xxx.xx.
Yours sincerely
Kate (KIM627)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Statement of Reasons
FOI 24-25-0231
_________________________________________________________________________
Decision
In reaching my decision, I have considered the following:
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
relevant case law concerning the operation of the FOI Act
consultation with NDIA staff
factors relevant to whether, or not disclosure would be in the public interest
the NDIA’s operating environment and functions.
Relevant Law
Under the FOI Act, a person has a legally enforceable right to obtain access to a document
of an agency, however a decision maker must decide whether access to a conditionally
exempt document would, on balance, be contrary to the public interest.
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act conditionally exempts a document(s) if its disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of the operations of an agency.
Document 8 contains information relating to certain operations of the NDIA, specifically:
internal guidance to staff on methodologies used to determination levels of support and
associated financial amounts to ensure participants receive supports that are reasonable
and necessary.
Any disclosure resulting in the prejudice of the effectiveness of the Agency’s operational
procedures would, or could reasonably be expected to, result in the need for the Agency to
change those procedures to maintain the effectiveness and sustainability of the Agency and
the Scheme.
I am satisfied that the release of this information would potentially result in the public
disclosure of internal methodologies that, through improper use, would, or could, lead to a
distortion of funding levels that would substantially and adversely affect the integrity of the
NDIS.
Accordingly, I find that disclosure of this information would or could reasonably be expected
to have a substantial adverse effect on the operations of the Agency and is therefore
conditionally exempt under section 47E(d) of the FOI Act.
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Public interest considerations
Section 11A(5) of the FOI Act provides that access to a document covered by a conditional
exemption must be provided unless disclosure would be contrary to the public interest.
Irrelevant factors
I have examined the irrelevant factors in section 11B(4) of the FOI Act and I am satisfied I
have not considered any irrelevant factors in reaching my decision.
Factors favouring disclosure
In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI
Act, and I have determined that disclosure of the relevant information in document 8 would
promote the objects of the FOI Act by providing access to documents held by the
government and providing access to information.
Factors weighing against disclosure
The FOI Act does not list any factors weighing against disclosure. These factors will depend
on the circumstances. However, the inclusion of the exemptions and conditional exemptions
in the FOI Act recognises that harm may result from the disclosure of some types of
documents in certain circumstances.
In favour of non-disclosure, I have determined that disclosure of the information: would not
contribute to the publication of information of sufficient public interest to justify the likely
harm caused by release
inform debate on a matter of public importance, or
promote oversight of public expenditure.
On balance
I am satisfied that disclosure of the information I have redacted from the document would be
contrary to the public interest. I therefore conclude that it is exempt from
disclosure.
Accordingly, I have decided to release most of the information with the contrary to the public
interest information removed pursuant to section 47E(d) of the FOI Act.
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Attachment B
Schedule of Documents for FOI 24/25-0231
Document
Page
Description
Access Decision
number
number
1 1-17
Our Guidelines - Work and Study v4
FULL ACCESS
Date: 20 December 2023
2 18-25
Our Guidelines – Mainstream and Community Supports Overview v1
FULL ACCESS
Date: 24 August 2021
3 26-59
Our Guidelines – Mainstream and Community Supports Interfaces v6
FULL ACCESS
Date: 2 May 2024
4 60-67
Our Guidelines – Community Connections v2
FULL ACCESS
Date: 22 December 2023
5 68-95
Our Guidelines – Including Specific Types of Supports in Plans
FULL ACCESS
Date: 15 December 2020
6 96-140
Our Guidelines – Reasonable and Necessary Supports v6
FULL ACCESS
Date: 20 December 2023
7 141-154
Knowledge Article - Understand Work and Study Supports v3
FULL ACCESS
Date: 8 August 2024
8 155-163
Knowledge Article - Understand Transport Supports v4
PARTIAL ACCESS
Exemption claimed:
Date: 19 July 2024
s47E(d) – certain operations of
agencies
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Attachment C
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review
will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in
writing, within 30 days of receipt of this letter.
No form is required for an application for internal review, but to assist the review process,
you should clearly outline your grounds for review (that is, the reasons why you disagree
with the decision). Applications for internal review can be lodged by email to xxx@xxxx.xxx.xx
or sent by post to:
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 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:
xxxxxxxxx@xxxx.xxx.xx
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:
xxxxxxxxx@xxxxxxxxx.xxx.xx
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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