Our reference: FOI 24/25-0515
GPO Box 700
Canberra ACT 2601
1800 800 110
21 February 2025
ndis.gov.au
Emily Lacey
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Emily Lacey
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 11 November 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 fol owing documents:
“…I agree for the surnames and contact details of any staff to be redacted, but
please otherwise provide the documents in their entirety.
1. A copy of all internal NDIA "intranet" pages regarding the Technical Advisory
Branch (TAB).
2. Al documents providing NDIA staff guidance on how to request advice from the
TAB.
3. Al documents regarding “mandatory referral” to the TAB.
4. Al “TAB checklist” documents.
5. Al TAB referral/request submission templates and forms.
6. Al TAB advice/report templates and forms…”
On the 12 December 2024, you have revised the scope of your request to be for the
following documents:
“…1. A copy of the 11 main internal NDIA "intranet" pages regarding the Technical
Advisory Branch (TAB).
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2. Knowledge Article titled “Create a Technical Advice Case” and Intranet content on
Requesting Advice page.
3. “Mandatory Advice Requests” content on Intranet Page, including any linked
intranet pages.
4. TAB Checklists on Intranet page.
5. TAB referral/request submission templates and forms.
6. TAB advice/report templates and forms.
7. Knowledge Article titled “Complete the risk matrix for a technical advice case”.
8. Knowledge Article titled “Review and action returned technical advice case”.
9. Whatever main article or intranet page explains what "TAB Digest" is and how to
find/use it…”
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.
I have identified 24 documents, which fall within the scope of your request.
These 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 relevant NDIA staff who could be expected to be able to identify documents
within the scope of the request.
During the time that your request was being processed, an update was made to the TAPIB
intranet site. However, the update did not affect the content, only the layout of the intranet
site was updated.
I have decided to:
• grant access to 5 documents in full
• grant access to 13 documents in part
• refuse access to 6 documents in full.
In reaching my decision, I took the fol owing 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
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• the FOI Guidelines published under section 93A of the FOI Act
• consultation with relevant NDIA staff
• factors relevant to my assessment of whether or not disclosure would be in the public
interest
• the NDIA’s operating environment and functions.
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.
Documents 1, 4-14, 16,17, 21-24 contains information relating to certain operations of the
NDIA, specifically:
Internal guidance given to staff in relation to the quantum of supports to include within a
participant’s plan in determining the level of supports a participant may require.
The disclosure of this information would reveal methodologies the NDIA uses. 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.
The release of this information could enable providers to manipulate their justifications /
recommendations for prescribed supports or levels of support for participants to indicate they
are likely to be reasonable and necessary for the NDIS to fund.
Additionally, the release of this information would increase the risk that participants may be
inappropriately serviced with supports if providers are manipulating their evidence or reports
for participant circumstances or needs, to meet the criteria.
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 substantial y and adversely affect the integrity of the
NDIS and its financial sustainability. Accordingly, I have decided that the relevant information
in Documents 1, 4-14, 16,17, 21-24 is conditionally exempt under section 47E(d) of the FOI
Act.
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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).
The conditionally exempt material contains references to the names of staff members which
have not previously been disclosed to you.
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:
a. it is apparent from the information that an individual is identifiable; and
b. the information referred to above is not readily available from publicly accessible
sources.
With reference to the assessment above, it would be unreasonable to disclose publicly this
personal information and is therefore conditional y 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.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
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 within these
Documents would promote the objects of the FOI Act by providing access to documents held
by the government.
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Against disclosure, I consider that disclosure of the relevant information within these
Documents:
• 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.
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 protect established contact points and procedures
of the Agency
• prejudice the ability of the Agency to protect the security and integrity of information held
in the Agency
• 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
within these Documents is exempt under sections 47E(d) and 47F of the FOI Act.
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.
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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)
A/g Assistant Director
Freedom of Information
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Schedule of Documents for FOI 24/25-0515
Document
Page
Description
Access Decision
Comments
number
number
1
1-8
Knowledge Article – Create a technical
advice case
PARTIAL ACESS
Exemption claimed:
Date: 26 September 2024
s47E(d) – certain operations of agencies
2
9-16
Knowledge Article – complete the risk matrix
for a technical advice case
FULL RELEASE
Date: 27 September 2023
3
17-22
Knowledge Article – Review and action
returned technical advice case
FULL RELEASE
Date: 25 September 2023
4
23-25
TAPIB Home Intranet Page
PARTIAL ACCESS
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
s47F – personal privacy
5
26
TAPIB Assistive Technology Intranet Page
PARTIAL ACCESS
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
s47F – personal privacy
1
Document
Page
Description
Access Decision
Comments
number
number
6
27-28
Core, Capacity building and Mainstream
Interface Supports Intranet Page
PARTIAL ACCESS
Exemption claimed:
Date: Not Applicable
s47E(d) – certain operations of agencies
s47F – personal privacy
7
29-30
Disability Related Health Supports Intranet
Page
PARTIAL ACCESS
Exemption claimed:
Date: Not Applicable
s47E(d) – certain operations of agencies
8
31
Home Modifications Intranet Page
PARTIAL ACCESS
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
s47F – personal privacy
9
32-33
Requesting Advice Intranet Page
PARTIAL ACCESS
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
10
34-35
Requesting Replacement Supports Intranet
Page
PARTIAL ACCESS
Exemption claimed:
Date: Not Applicable
s47E(d) – certain operations of agencies
11
36-38
TAPIB Advisors Intranet Page
PARTIAL ACCESS
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
s47F – personal privacy
8
Document
Page
Description
Access Decision
Comments
number
number
12
39
TAPIB Digest – Published Advice Intranet
Page
PARTIAL ACCESS
Exemption claimed:
Date: Not Applicable
s47E(d) – certain operations of agencies
s47F – personal privacy
13
40-41
Technical Advice & Practice Improvement
Branch Services Intranet Page
PARTIAL ACCESS
Exemption claimed:
Date: Not Applicable
s47E(d) – certain operations of agencies
14
42
Vehicle Modifications Intranet Page
PARTIAL ACCESS
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
s47F – personal privacy
15
43
Site Contents Intranet Page
PARTIAL ACCESS
Date: Not Applicable
Exemption claimed:
s47F – personal privacy
16
44-94
Mandatory Advice Requests Confluence Page
ACCESS REFUSED
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
17
95-97
TAPIB Digest Confluence Page
ACCESS REFUSED
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
9
Document
Page
Description
Access Decision
Comments
number
number
18
98-100
S34 (streamlined) – TAPIB Technical Advice
Template
FULL ACCESS
Date: Not Applicable
19
101-106
S34 (With Detail) – TAPIB Technical Advice
Template
FULL ACCESS
Date: Not Applicable
20
107-112
S24 & S34 – TAPIB Technical Advice
Template
FULL ACCESS
Date: Not Applicable
21
113-116
TAB Assistive Technology Checklist
ACCESS REFUSED
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
22
117-120
TAB Behaviour Support and Restrictive
Practice Checklist
(No Longer Published)
ACCESS REFUSED
Exemption claimed:
Date: Not Applicable
s47E(d) – certain operations of agencies
23
121-123
TAB Home Modifications Checklist
ACCESS REFUSED
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
10
Document
Page
Description
Access Decision
Comments
number
number
24
124-126
TAB Vehicle Modifications Checklist
ACCESS REFUSED
Date: Not Applicable
Exemption claimed:
s47E(d) – certain operations of agencies
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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 cal 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 wil 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 cal 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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