Our reference: FOI 24/25-0953
GPO Box 700
Canberra ACT 2601
1800 800 110
28 February 2025
ndis.gov.au
Clementine Saber
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Clementine Saber
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 13 December 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:
"I'm writing to request access to documents under the Freedom of Information Act
1982:
(1). All knowledge articles and standard operating procedures on Replacement
Supports. Please provide the most recent version of each document, whether this is
a final or draft version. If it is a draft please include any comments or tracked
changes for the document.
(2). All internal documents which decision-makers can consult during the decision-
making process that list, provide examples, or otherwise outline what is (or is not)
typically or definitively considered an NDIS Replacement Support.
Please include all identified documents in full. I consider all parts of a document to be
relevant, except the surnames and contact details of staff, which can be removed."
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Processing period
We have been experiencing processing delays and were not able to provide you with our
decision by the due date. Consequently, we are deemed to have refused your application
under section 15AC of the FOI Act. I sincerely apologise for the delay in releasing this
decision to you.
We have continued processing your request. In the interests of not causing any further
delays, I have decided not to apply for an extension to the processing period from the Office
of the Australian Information Commissioner (OAIC) under section 15AC of the FOI Act to
protect your internal review rights. However, your right to apply for an external review with
the Office of the Australian Information Commissioner remains protected. Please see
Attachment B for more information about your rights of review.
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 3 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.
I have decided to grant access to 3 documents in full
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
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.
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Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are enclosed. Further Information that may be of interest can be found on the NDIA Website
Creating your plan | NDIS and Reviewing our decisions | NDIS.
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 24/25-0953
Document
Page
Description
Access Decision
Comments
number
number
1
1-11
Knowledge Article - Check criteria
FULL ACCESS
for a replacement support
application – Version 1.0
Date: 09/10/2024
2
12-26
Knowledge Article - Create and
FULL ACCESS
action a request for a replacement
support – Version 1.0
Date: 01/10/2024
3
27-40
Knowledge Article - Make fund
FULL ACCESS
management decision – Version
12.0
Date: 02/10/2024
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 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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