Our reference: FOI 24/25-1219
GPO Box 700
Canberra ACT 2601
1800 800 110
11 April 2024
ndis.gov.au
Gemma Jones
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Gemma Jones
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 3 February 2025
(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 following documents:
“I am requesting access under the Freedom of Information Act 1982 (FOI Act) to the
following documents:
Any documents that define or provide guidance on the key indicators for determining
the provision of 2:1 support for participants who are children with profound disabilities.
The TAB internal guidelines for determining eligibility and need for 2:1 support for
children with profound disabilities under the NDIS.
The Standard Operating Procedure (SOP) relevant to the assessment and
determination of 2:1 support for children with profound disabilities.”
Expiration 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 3 February 2025, the original due date
for your request was 5 March 2025.
On 17 February and 26 February 2025, we emailed you seeking your agreement to a 30-day
extension of time pursuant to 15AA of the FOI Act; to date we have not received a response
to these requests.
On 3 March 2025, we submitted a request to the Office of the Australian Information
Commissioner (OAIC) for an extension of time pursuant to 15AB of the FOI Act. On 5 March
2025, we received a decision from the OAIC to decline our extension request.
Therefore, the due date to provide you with a decision on your request remains 5 March
2025, and as we were not able to complete your application by this legislated due date, your
application is regarded as a deemed refusal under section 15AC of the FOI Act.
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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.
Searches conducted
Searches were conducted by the following business areas for documents relevant to the
scope of your FOI request:
Technical Advice and Practice Improvement Branch (TAPIB); and
Service
Design;
Children’s Strategy and Services
Decision
I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on
this FOI request.
After reviewing all advice and information provided, I have determined that documents
relevant to the scope of your request cannot be located or do not exist. As such, I have
decided to refuse access to information relevant to the scope of your request pursuant to
24A of the FOI Act, details of why are set out in my statement of reasons 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
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Attachment A
Statement of Reasons
FOI 24/25-1219
_________________________________________________________________________
REFUSAL UNDER 24A
I have refused access to the information you requested under section 24A of the FOI Act on
the basis that documents are unlocatable or do not exist.
Relevant Law
Under the FOI Act, a person has a right to be given access to documents of an agency.
However, the right of access is subject to limitations, including grounds for refusal of access.
Section 24A of the FOI Act states that an agency may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the agency is
satisfied that the document cannot be found or does not exist.
Searches for documents
I engaged in consultations with the following business areas to obtain documents within their
possession which may fall within the scope of your FOI request:
Technical Advice and Practice Improvement Branch (TAPIB); and
Service
Design;
As a result of these searches 17 documents were located, these searches were conducted
between 17 February and 25 February 2025 and were overseen by senior staff.
On 18 February 2025, we were advised that the following business area may also have
documents in their possession which may fall within the scope of your request, and a
subsequent search consultation was sent to:
Children’s Strategy and Services
As a result of this search, one document was located, this search was conducted between
18 February and 26 February 2025 and was overseen by senior staff.
In total, 18 documents were located by the above business areas. After reviewing these
documents, I have determined that they do not fall within the scope of your request.
Interpretation of Scope
In processing your request, I have interpreted the scope to be for documents that are
specific to 2:1 supports for children with profound disabilities. Where documents have been
located that only meet some of these criteria, I have considered them out of scope of your
request.
Review of Documents and Advice by Business Areas
TAPIB
Advice provided by TAPIB was that they do not hold documents that meet the specific
criteria of the scope of your request. They did however provide twelve (12) documents for
consideration, stating that they met some of the criteria, but were general documents that
provide guidance for all participants.
I have reviewed these documents and agree with the assessment that they only meet some
of the criteria of your request and, therefore, fall outside its scope.
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Service Design
Advice provided by Service Guidance was that they do not hold documents that meet the
specific criteria of the scope of your request. They did however provide five (5) documents
for consideration, stating their operational guidelines provide content for decision making to
include supports, and that these may fall within part of the scope of your request.
Four (4) of the documents provided are publicly available. I have reviewed these documents
and have determined they do not fall within the scope of your request given they are not
specific to its criteria; however, I am providing them to you administratively in the form of
links below.
The remaining document provides guidance regarding early connections. I have reviewed
this document and note that it refers to children with profound disabilities stating they need a
priority response to ensure they receive appropriate and timely supports but makes no
mention of 2:1 supports. Therefore, after consideration of the above, I have determined that
this document falls outside the scope of your request.
Publicly Available Documents
Early childhood approach | NDIS
Reasonable and necessary supports | NDIS
Creating your plan | NDIS
Mainstream and community supports | NDIS
Children’s Strategy and Services
Advice provided by Children’s Strategy and Services was that they do not hold documents
that meet the specific criteria of the scope of your request. They did however provide one (1)
document for consideration, stating that it meets some of the criteria, specifically about 2:1
support.
I have reviewed the document and note that the only mention of 2:1 supports is regarding
assistance for participants who experience seizures. Therefore, after consideration of the
above, I have determined that this document falls outside the scope of your request.
Decision
In reaching my decision, I took the following into account:
Your correspondence of 3 February 2025 outlining the scope of your request
The provisions of the FOI Act including ss 15 and 24A
The FOI Guidelines published under section 93A of the FOI Act, particularly parts
3.89 to 3.94 regarding sufficiency of search
Consultation with relevant officers and business areas of the NDIA
Based on the search results from the relevant business areas and consultation with subject
matter experts, I am satisfied that sufficient searches were performed, and no documents
were located that fall within the scope of your request.
I therefore refuse access to the information under section 24A of the FOI Act on the basis
that the information cannot be found or does not exist.
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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
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release 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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