Our Reference: FOI 21/22-0047

FOI 21/22-0047: Number of times the phrase “your request in its current form would substantially and unreasonably divert the resources of the NDIA from its other operations due to its size” was used in a practical refusal decision between 1 January 2021 and 14 July 2021

Scope

Please provide a tally of the total number of times the NDIA have used the specific expression “your request in its current form would substantially and unreasonably divert the resources of the NDIA from its other operations due to its size” as grounds for failing to process, respond to or refuse FOI requests for the calendar year 2021. That is, from 1 January 2021, until 14 July 2021, how many times has the phrase and reason for not providing FOI information been justified or responded to using the phrase “your request in its current form would substantially and unreasonably divert the resources of the NDIA from its other operations due to its size. “.

This includes all the times this specific phrase has been used during Senate Estimates and related government oversight or state/commonwealth enquiries, during the same time period.

Response

The National Disability Insurance Agency processes and responds to all requests in line with the Freedom of Information Act 1982 (Cth) (FOI Act). The NDIA does not fail to respond or process matters.

In line with the FOI Act, there are circumstances where a request may be refused.

For the period of 1 January to 14 July 2021, the total number of times the specific phrase outlined in the scope above was used in a practical refusal decision was 2.

The specific phrase outlined in the scope is only used by the Freedom of Information Team (FOI Team) when a practical refusal reason exists, and the FOI Team issues a notice of request consultation process as per section 24AB of the FOI Act and/or makes a practical refusal decision.

The specific phrase is not used during Senate Estimates, Parliamentary or other government inquiries outlined in the scope.

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