NDIA impairment advice

Currently waiting for a response from National Disability Insurance Agency, they should respond promptly and normally no later than (details).

Perfectly Normal Applicant

Dear National Disability Insurance Agency,

I request a copy of all documents that:
1. Contain current advice or guidance or similar on the definition of ‘impairment’ (as used in the Act), and
2. Are not publicly available, and
3. Are not advice et al to a specific individual (for example, an email in response to a question is not included; a reference document in Teams is, even if the reference document is not a formal SOP).

Where a document is in scope the request is for the whole document, not just the portion relating to impairment

I agree to the exclusion of non-SES details and applicant/participant personal information

Yours faithfully,

Me

foi, National Disability Insurance Agency

Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team. 
 
Please note: due to a high volume of requests, our ability to respond to
you in a timely manner may be affected. We will action your request as
soon as possible and will endeavour to process your matter within the
legislative deadlines. We may need to seek your agreement to an extension
of time. We appreciate your understanding if this is required. 
 
Participant Information 
Did you know the NDIA has other ways to access the documents and
information that we hold? 
 
 
Participants, Guardians and Nominees can obtain copies of some participant
information through our National Contact Centre (NCC). For more
information about what’s available through the NCC, please contact 1800
800 110. 
 
 
Please visit our [1]Access to Information webpage to find out more about
accessing information through: 

* The [2]Participant Information Access (PIA) scheme 
 
* The [3]Information Publication Scheme (IPS) 
 
* The [4]myplace portal for participants    
 
* The [5]myplace portal for providers 

Access to Data 
 
You can also request data and statistics. Please visit our [6]Data and
insights webpage page for further information. 
 
 
If you are able to obtain your information from a source listed above, you
can withdraw your FOI request by emailing [7][NDIA request email] 
 
Further Information 
 
Information about how to make an FOI request can be found on our website:
[8]Freedom of Information 
 
 
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]ndis.gov.au.
Alternatively, you can also contact us by phoning 1800 800 110. 
 
 
Kind regards    
 
 
Freedom of Information Team  
Complaints Management & FOI Branch 
General Counsel Division  
National Disability Insurance Agency  
E [11][NDIA request email]   
   
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.  

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References

Visible links
1. https://www.ndis.gov.au/about-us/policie...
2. https://www.ndis.gov.au/about-us/policie...
3. https://www.ndis.gov.au/about-us/policie...
4. https://www.ndis.gov.au/participants/usi...
5. https://www.ndis.gov.au/providers/workin...
6. https://data.ndis.gov.au/
7. mailto:[NDIA request email]
8. https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
10. https://www.ndis.gov.au/
11. mailto:[NDIA request email]

foi, National Disability Insurance Agency

3 Attachments

Dear Me

 

Freedom of Information Request: Acknowledgement

 

Thank you for your request of 6 March 2025, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).

 

Scope of your Request

 

You have requested access to:

 

“ I request a copy of all documents that:

 

1. Contain current advice or guidance or similar on the definition of
‘impairment’ (as used in the Act), and

 

2. Are not publicly available, and

 

3. Are not advice et al to a specific individual (for example, an email in
response to a question is not included; a reference document in Teams is,
even if the reference document is not a formal SOP).

 

Where a document is in scope the request is for the whole document, not
just the portion relating to impairment

 

I agree to the exclusion of non-SES details and applicant/participant
personal information.”

 

Irrelevant Information

 

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 note that you have agreed to the exclusion of non-SES contact details,
consequently, NDIA staff members’ middle names, surnames and contact
details will be regarded as irrelevant under section 22 of the FOI Act.

 

Processing Timeframes

 

In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 7 March 2025. This
30-day period expires on 5 April 2025.

 

The 30-day period can be extended in a number of ways, including with your
agreement.

 

Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. I am therefore seeking your agreement to a 30-day
extension of time under section 15AA of the FOI Act. If you agree to this
extension, the new due date for us to decide on your request will be 5 May
2025.

 

If you do not agree and we are unable to process your request within the
30-day period expiring on 5 April 2025, we will be deemed to have refused
your request and you will not have a right to seek internal review of that
decision. You will, however, retain your right to external review by the
Australian Information Commissioner.

 

Please let us know if you agree by 18 March 2025.

 

Disclosure Log

 

Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.

 

If you have any concerns about the publication of the documents you have
requested, please contact me.

 

Next steps

 

Your request will be allocated to an authorised FOI decision-maker. The
decision-maker may need to contact you to discuss a range of matters,
including refining the scope of your request.

 

We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.

 

In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].

 

Regards

 

Mykal

Freedom of Information Officer

Complaints Management & FOI Branch

General Counsel Division

National Disability Insurance Agency

E [2][NDIA request email]

 

[3]NDIA logo

[4]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[5]Aboriginal and Torres Strait Islander flags graphic

 

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Perfectly Normal Applicant

Dear foi,

Ordinarily I would agree to the extension but I would like the documents in the timeframe. I’d prefer OAIC review of deemed refusal to be available in 30 days not 60.

You’re welcome to apply to OAIC for extension but I understand understaffing is not an accepted reason

May I suggest NDIA does not seek an extension, plugs away at it, and hopefully the NDIA decision, albeit out of time, is before the OAIC gets to it

Yours sincerely,

Me

foi, National Disability Insurance Agency

5 Attachments

Dear Me

 

Thank you for your request. 

Clarification of Scope
Your original request is:

 

“…I request a copy of all documents that:

1. Contain current advice or guidance or similar on the definition of
‘impairment’ (as used in the Act), and

2. Are not publicly available, and

3. Are not advice et al to a specific individual (for example, an email in
response to a question is not included; a reference document in Teams is,
even if the reference document is not a formal SOP).

Where a document is in scope the request is for the whole document, not
just the portion relating to impairment

I agree to the exclusion of non-SES details and applicant/participant
personal information…”

Noting that the word ‘impairment’ is referenced 62 times within the NDIS
Act 2013, I consider the scope of your request to be quite broad and
thereby may attract a large number of responsive documents.   As per
section 15(2)(b) of the FOI Act, a FOI request must provide enough detail
to enable an officer of the Agency to identify the document.  To assist me
with conducting searches for documents, I request that you identify which
particular topics of impairment you are seeking by 1 April 2025. 

Administrative release of documents
During preliminary searches, I conducted a key-word search of the [1]NDIS
FOI Disclosure Log using the term ‘impairment’ and found several published
FOI decision documents.  Two published decisions were released recently -
FOI 24/25-0754 (release date 04/02/2025) and FOI 24/25-0883 (release date
13/03/2025), which may be of interest to you.  In particular, FOI
24/25-0883 provides the current Impairment Categories Guide which provides
guidance for understanding the impairment categories.  I have attached
these for your convenience.

If you find that your enquiry is satisfied in this case, please notify me
of your agreement to withdraw your FOI request, by 1 April 2025.

Please contact me at [2][NDIA request email] with any questions.

 

Kind regards

 

Ramya [RMO 260]

Senior Freedom of Information Officer

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [3][NDIA request email]

[4]NDIA logo

[5]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[6]Aboriginal and Torres Strait Islander flags graphic

 

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Perfectly Normal Applicant

Dear Ramya

Thanks for your email

I will look at the other FOIs, that’s really helpful

I’m not sure why multiple mentions of ‘impairment’ in the Act makes the scope broad - it would be highly unusual for the same word to mean different things in the same Act.

Nonetheless, if it assists, I narrow the request to:
- Only relate to ‘impairment’ as used in s 24
- Not include documents already released under 0883 and 0754

Regards

Yours sincerely,

Perfectly Normal Applicant

foi, National Disability Insurance Agency

3 Attachments

Dear Me,

 

Many thanks for your response regarding the scope.

Also, I am pleased that the FOI disclosure log documents may be helpful to
you.  The FOI disclosure log is a great resource of published documents
and well worth checking through prior to submitting new FOI requests.

 

With the due date of 5 April fast approaching and the need to commence
searches for your revised scope, can I kindly request you reconsider your
decision on the 30-day extension of time?  That way, your internal review
rights of this request are preserved. 

Please reach out to me at [1][NDIA request email] with any questions.

 

Kind regards

Ramya [RMO 260]

Senior Freedom of Information Officer

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [2][NDIA request email]

[3]NDIA logo

[4]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[5]Aboriginal and Torres Strait Islander flags graphic

 

 

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Perfectly Normal Applicant

Dear Ramya

On the extension: ok. Mainly because you/NDIA seem to be meaningfully helpful with FOI (cf the rest of the Cth).

OAIC for deemed refusal would otherwise be satisfactory

Regards

Yours sincerely,

Perfectly Normal Applicant

foi, National Disability Insurance Agency

3 Attachments

Dear Me,

 

Many thanks for your prompt response and agreement to a 30-day extension
of time for this matter.  Please be advised that the new due date for
decision on access is 5 May 2025.

 

I will proceed with processing your request as per the agreed revised
scope.

 

If you have any further questions, please reach out to me at
[1][NDIA request email].

 

Kind regards

 

Ramya [RMO 260]

Senior Freedom of Information Officer

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [2][NDIA request email]

[3]NDIA logo

[4]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[5]Aboriginal and Torres Strait Islander flags graphic

show quoted sections