Our reference: FOI 24/25 - 0473
GPO Box 700
Canberra ACT 2601
1800 800 110
5 February 2025
ndis.gov.au
Melissa O’Connell
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Melissa O’Connell
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 7 October 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).
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:
“This is a freedom of information request for 13 TAB documents from the list
* Manual therapy to address neuromusculoskeletal function
* Effect of manual therapy on neuromusculoskeletal function
* NAPA therapy
* Osteopathy
* Telehealth - Effective Outcomes for the delivery of Speech Pathology
* Lokomat therapy
* Availability of pools and exercise programs in the community
* Cost comparison of Computer and Fitness products
* Seizure monitoring devices
* Seizure device costs and response dog accuracy
* Guide dogs for vision impaired adolescents
* Accreditation of assistance animals trainers
* Reducing ABA over time”
Extension of time
On 16 October 2024, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 6 December 2024 the new date to provide you with a decision on access. I
note this time has lapsed and as a result, we are deemed to have refused your request
under section 15AC of the 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.
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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.
Searches for documents were conducted by the Technical Advisory Branch (TAB) and 10
documents responsive to your application were located. The purpose of these documents
was to provide information to assist advisors in the provision of advice. Please be advised
that the documents in their current form may not reflect current processes or understanding
of subject matter within TAB.
Further, TAB research officers conduct literature reviews of publicly available academic
research and allied health information – they are employed as APS employees.
TAB have confirmed that some of the documents you have requested are part of a single
document, or been renamed, being:
-
‘Effect of manual therapy on neuromusculoskeletal function’ is renamed to ‘Manual
therapy on neuromusculoskeletal function’
-
‘Seizure monitoring devices’ and ‘Seizure device costs and response dog accuracy’
have been amalgamated into ‘Epilepsy and Seizure Monitoring Systems’
-
‘Accreditation of assistance animal trainers’ is renamed to ‘Accreditation of
Assistance Animals’
The document ‘Literature Review – Reducing Applied Behaviour Analysis over time’, which
falls within the scope of your FOI request, has been previously requested under FOI 24/25-
0514. This document is publicly available on the NDIA’s disclosure log
FOI Disclosure log |
NDIS. For your convenience, I have also attached a copy of this document from the
disclosure log.
I have decided to grant partial access to 10 documents.
In reaching my decision, I took the following into account:
• your correspondence 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
• relevant case law concerning the operation of the FOI Act
• consultation with relevant NDIA staff
• factors relevant to my assessment of whether disclosure would be in the public interest
• the NDIA’s operating environment and functions.
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Reasons for decision
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act conditionally exempts a document 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.
The disclosure of this information would reveal methodologies the NDIA uses to assist in
determining levels of support provided to NDIS participants, which is to better ensure that
participants receive supports that are reasonable and necessary. Any disclosure resulting in
the prejudice of the effectiveness of the Agency’s operational methods and procedures
would, or could reasonably be expected to, result in the need for the Agency to change
those methods and procedures to ensure the future effectiveness and sustainability of the
Agency and the Scheme.
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.
Personal privacy (section 47F)
Section 47F of the FOI Act conditionally exempts a document(s) if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a
deceased person).
Document 8 contains information which contains personal information of third parties.
Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents
would involve unreasonable disclosure of personal information, regard must be had to:
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources; and
d. any other matters that the agency considers relevant.
Against these criteria, I take the view that:
• it is apparent from the information that an individual is identifiable; and
• the information referred to above is not readily available from publicly accessible
sources.
I therefore conclude that it would be unreasonable to disclose publicly this personal
information and is therefore conditionally exempt under section 47F(1) of the FOI Act.
Public interest considerations – section 47E(d) and 47F 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.
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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.
Against disclosure, I consider that disclosure of the relevant information in Document 8:
• would not contribute to the publication of information of sufficient public interest to
justify the likely harm caused by release
• would not enhance Australia’s representative democracy in the ways described in
section 11B(3) of the FOI Act
• would not inform any debate on a matter of public importance, or promote oversight of
public expenditure.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
While there is limited public interest in the disclosure of information conditionally exempt
under sections 47E(d) and 47F of the FOI Act, the harm that would result from disclosure is
that it could reasonably be expected to:
• prejudice the ability of the Agency to provide guidance to staff and to decision makers
in classifying applicants based on support needs in order to comply with their
obligations and make informed decisions in relation to the quantum of funding to add
to each reasonable and necessary support, which, in turn, helps to ensure the financial
stability and integrity of the NDIS
• affect an individual’s right to privacy by having their personal information in the
public domain
In summary, I am satisfied that the factors against disclosure of the information outweigh the
factors in favour of disclosure and that, on balance, it would be contrary to the public interest
to release this information to you. Accordingly, I have decided that the relevant information in
Document 8 is exempt under sections 47E and 47F of the FOI Act.
Access to edited copies with exempt or irrelevant material deleted (section 22)
Section 22 of the FOI Act allows an Agency to redact information from documents if that
information would reasonably be regarded as irrelevant to a request for access.
I have identified that the 10 documents contain material that is irrelevant to your request.
The irrelevant material relates to names and contact details of NDIA staff which you
consented to remove from the scope of your request.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt and irrelevant material from the documents. I have concluded that it is
reasonably practicable to do so. Accordingly, I have prepared an edited copy of the
documents with the exempt and irrelevant material removed.
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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
xxx@xxxx.xxx.xx. Yours sincerely
Lia (LML799)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Schedule of Documents for FOI 24/25-0473
Doc
Page
Description
Access Decision
Comments
number
number
Research paper:
PARTIAL ACCESS
• The purpose of this document is
1
1-29
Manual therapy to
to provide information to assist
address
Irrelevant material
advisors in the provision of
neuromusculoskeletal removed under section
advice to delegates.
function
22 of the FOI Act
• May not reflect current
processes or understanding of
Date: 8 August 2023
subject matter within TAB
• TAB research officers conduct
literature reviews of publicly
available academic research and
allied health information – they
are employed as APS employees
• TAB researchers are not
delegates
Research request:
PARTIAL ACCESS
• The purpose of this document is
2
30-64
NAPA therapy
to provide information to assist
Irrelevant material
advisors in the provision of
removed under section
advice to delegates.
Date: 26 November
22 of the FOI Act
• May not reflect current
2020
processes or understanding of
subject matter within TAB
• TAB research officers conduct
literature reviews of publicly
available academic research and
allied health information – they
are employed as APS employees
• TAB researchers are not
delegates
Research paper:
PARTIAL ACCESS
• The purpose of this document is
3
65-72
Osteopathy
Irrelevant material
to provide information to assist
removed under section
advisors in the provision of
Date: 31 October
22 of the FOI Act
advice to delegates.
2023
• May not reflect current
processes or understanding of
subject matter within TAB
• TAB research officers conduct
literature reviews of publicly
available academic research and
allied health information – they
are employed as APS employees
• TAB researchers are not
delegates
Research request:
PARTIAL ACCESS
• The purpose of this document is
4
73-79
Delivery of Speech
to provide information to assist
Doc
Page
Description
Access Decision
Comments
number
number
Pathology Support via
Irrelevant material
advisors in the provision of
Telehealth
removed under section
advice to delegates.
22 of the FOI Act
• May not reflect current
Date: 20 July 2020
processes or understanding of
subject matter within TAB
• TAB research officers conduct
literature reviews of publicly
available academic research and
allied health information – they
are employed as APS employees
• TAB researchers are not
delegates
Research Paper:
PARTIAL ACCESS
• The purpose of this document is
5
80-93
Lokomat Therapy and
to provide information to assist
robot assisted gait
Irrelevant material
advisors in the provision of
training
removed under section
advice to delegates.
22 of the FOI Act
• May not reflect current
Date: 22 October
processes or understanding of
2022
subject matter within TAB
• TAB research officers conduct
literature reviews of publicly
available academic research and
allied health information – they
are employed as APS employees
• TAB researchers are not
delegates
Research request:
PARTIAL ACCESS
• The purpose of this document is
6
94-97
Availability of
to provide information to assist
hydrotherapy,
Irrelevant material
advisors in the provision of
swimming pool,
removed under section
advice to delegates.
outside exercise
22 of the FOI Act
• May not reflect current
programs and social
processes or understanding of
engagement activities
subject matter within TAB
• TAB research officers conduct
Date: 13 August 2020
literature reviews of publicly
available academic research and
allied health information – they
are employed as APS employees
• TAB researchers are not
delegates
Research request:
PARTIAL ACCESS
• The purpose of this document is
7
98-100
Computer and Fitness
to provide information to assist
Price Comparison
Irrelevant material
advisors in the provision of
removed under section
advice to delegates.
Date: 29 July 2019
22 of the FOI Act
• May not reflect current
processes or understanding of
subject matter within TAB
• TAB research officers conduct
literature reviews of publicly
7
Doc
Page
Description
Access Decision
Comments
number
number
available academic research and
allied health information – they
are employed as APS employees
• TAB researchers are not
delegates
Research request:
PARTIAL ACCESS
• The purpose of this document is
8
101-130
Epilepsy and Seizure
to provide information to assist
Monitoring Systems
Irrelevant material
advisors in the provision of
removed under section
advice to delegates.
Date: December 2019
22 of the FOI Act
• May not reflect current
processes or understanding of
Exemption(s) claimed:
subject matter within TAB
• TAB research officers conduct
s47E(d) – certain
literature reviews of publicly
operations of agencies
available academic research and
s47F – personal
allied health information – they
privacy
are employed as APS employees
• TAB researchers are not
delegates
Focussed Response:
PARTIAL ACCESS
• The purpose of this document is
9
131-136
Guide Dogs for Vision
to provide information to assist
Impaired Adolescents
Irrelevant material
advisors in the provision of
removed under section
advice to delegates.
Date: 2 May 2023
22 of the FOI Act
• May not reflect current
processes or understanding of
subject matter within TAB
• TAB research officers conduct
literature reviews of publicly
available academic research and
allied health information – they
are employed as APS employees
• TAB researchers are not
delegates
Research Request:
PARTIAL ACCESS
• The purpose of this document is
10
137-153
Accreditation of
to provide information to assist
Assistance Animals
Irrelevant material
advisors in the provision of
removed under section
advice to delegates.
Date: 5 May 2022
22 of the FOI Act
• May not reflect current
processes or understanding of
subject matter within TAB
• TAB research officers conduct
literature reviews of publicly
available academic research and
allied health information – they
are employed as APS employees
• TAB researchers are not
delegates
8
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
xxx@xxxx.xxx.xx or by post:
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 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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