Our reference: FOI 24/25-0913
GPO Box 700
Canberra ACT 2601
27 March 2025
1800 800 110
ndis.gov.au
David Wright
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 9 December 2024
(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 fol owing documents:
“..I understand that the NDIAs Quality, Reporting Strategy and Training Team was at
some point renamed the Continuous Improvement Team and absorbed into a new
branch named the Legal Practice and Capability Branch, retaining responsibility for
the management of guidance material for AAT case managers.
I seek any guidance material prepared by the Legal Practice and Capability Branch
that mentions Applied Behaviour Analysis (ABA)..."
Extension 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 9 December 2024, the original due date
for your request was 8 January 2025.
On 4 January 2025, you agreed via email to a 30-day extension of time under section 15AA
of the FOI Act, making 7 February 2025 the new date to provide you with a decision on
access.
As described in our email, the extension of time was requested because the agency is
currently experiencing a high volume of FOI requests. I apologise for the delay this has
caused in providing you with a decision.
Expiration of time
As we were not able to complete your application by the legislated due date of 8 February
2025, 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.
1
Searches conducted
I engaged in consultations with the following business area to obtain documents within their
possession which may fall within the scope of your FOI request:
• Legal Practice and Capability Branch – Continuous Improvement Team
As a result of this search, two (2) documents were located, this search was undertaken
between 4 February and 21 February 2025 and was overseen by senior staff within the
business area.
An assessment of the documents by the FOI Team determined that one (1) of the
documents located was irrelevant to the scope of your request as it was an obsolete
document developed by the Quality, Strategy and Training Team, and your request was
explicit for documents prepared by Teams within the Legal Practice and Capability Branch.
Decision
I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on
this FOI request.
In total 1 document relevant to the scope of your request was located, I have decided to:
• Grant access to 1 document in full
Please note that the document is currently under review and therefore in draft form. The
previous version of this document is the obsolete document developed by the Quality,
Strategy and Training Team that was determined to be irrelevant to your request.
The decision in relation to each document is detailed in the schedule of documents 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 xxx@xxxx.xxx.xx.
Yours sincerely
Patrick (PHO293)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
2
Attachment A
Schedule of Documents for FOI 24/25-0913
Document
Page
Description
Access Decision
number
number
1
1-4
Case Management Guide - Applied Behavioural Analysis (ABA) - Draft
FULL ACCESS
Undated
1
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.
1
