Schedule of Documents for FOI 24/25-XXXX
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1-2 | Document Title Date: DD Month YYYY |
FULL ACCESS | Document created under section 17 of the FOI Act |
| 2 | 3-4 | Email Subject: verbatim subject line Date: date of email |
PARTIAL ACCESS Exemption(s) claimed: s47C - deliberative processes s47E(c) - certain operation of agencies s47E(d) - certain operations of agencies s47F - personal privacy s47G - business information |
Irrelevant material removed under section 22 of the FOI Act |
| 2.1 | 5-6 | Attachment to Document 2 Report XYZ |
||
| 2.1.1 | 7-8 | Attachment to Document 2.1 Attachment A to Report XYZ |
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Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review process, you should clearly outline your grounds for review (that is, the reasons why you disagree with the decision). Applications for internal review can be lodged by email to xxx@xxxx.xxv.au or sent by post to:
Freedom of Information Section Complaints Management and 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) for a review of this decision.
If you wish to have the decision reviewed by the OAIC, you may apply for review within 60 days of receiving this letter.
You can apply to the OAIC for review in the following ways:
Online: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Email: enquiries@oaic.gov.au
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 the NDIA took in relation to your request. The Ombudsman will consult with the OAIC before investigating a complaint about the handling of an FOI request.
You can make a complaint to the OAIC using the contact details identified above, or to the Ombudsman by:
Phone: 1300 362 072 (local call charge) Email: ombudsman@ombudsman.gov.au
Your complaint should set out the grounds on which you consider the OAIC or the Ombudsman should investigate the NDIA’s handling of your FOI request.
— PAGE TEXT END –
Freedom of Information request - Notification of Decision
Thank you for your correspondence of [Date Month Year], requesting 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 notify you of my decision on your application.
Scope of your request
- For personal: You have requested access to following documents from [your] NDIS file [the NDIS file of no salutation) First and Last name (CRM Ref: XXXXXXXX):
- ’[Verbatim request]
If applicable: Expiration of time
The due date for a decision on access for your request was 24 June 2024. As we did not provide you with a decision by the due date, we are deemed to have refused you access to the documents you requested (section 15AC of the FOI Act). The effect of this is that you do not have a right seek an internal review of my decision. However, I confirm that you retain your right to seek external review by the Office of the Australian Information Commissioner (OAIC).
Search efforts
For personal: I have conducted a search of your NDIS file [the NDIS file of First name Last name’s] and I have identified XX document(s), (including attachments), which fall within the scope of your request.
For non-personal: The NDIA’s XXXXX team conducted a search and identified X documents within the scope of your request.
Results of third party consultations
As advised in my letter of dd month 2017, I decided it was necessary to consult under section 27 / 27A of the FOI Act with a third party OR [number of third parties] third parties who I reasonably believed might have concerns about the disclosure of some of the matter contained in the documents.
Insert if no response received from third party:
Under sections 27 and 27A of the FOI Act, I must take reasonably practicable steps to obtain the views of a person, organisation or proprietor of the undertaking to ascertain if they might reasonably wish to make a contention that the document is exempt under section 47 or conditionally exempt under section 47G or 47F of the FOI Act. I have not received a response from the third party in question OR [(insert how many) of the third parties] and have proceeded to make a decision about access to the responsive documents without any comments from the third party OR those third parties. To date, the consultation letters have not been returned unclaimed.
Insert if response received from third party (no objection):
On dd month 2017, I received a response from the third party OR [(insert how many) of the third parties] advising that they do not object to the disclosure of the subject documents provided for consultation.
Insert if response received from third party (objection):
A response was received on dd month 2017 from the third party in question OR [(insert how many) of the third parties] advising that they do object to the disclosure of the subject documents on the basis of the following [exemption/s] AND/OR [public interest refusal/s]:
- [describe exemption or public interest refusal in full];
- [describe exemption or public interest refusal in full].
Disagree with third party - I have considered the objection of the third party OR objections of the third parties and examined the relevant sections of the FOI Act to determine if disclosure of the subject information is subject to any exemption or public interest refusal. Following this examination, I do not agree with the third party’s OR parties’ argument for exemption/s AND/OR conditional exemptions and believe the matter at issue does not satisfy the requirements of the exemption/s OR conditional exemptions/public interest refusal/s under [insert sections or provisions] of the FOI Act. Accordingly, I have decided to grant full OR partial access to these subject documents.
Please refer to the section ‘Access Arrangements’ in this decision notice for advice on the deferral of access to these documents.
OR
Agree with third party -
I have considered the objection of the third party OR objections of the third parties and examined the relevant sections of the FOI Act to determine if disclosure of the subject information is subject to any exemption or conditional exemptions/public interest refusal. Following this examination, I agree with the third party’s OR parties’ argument for [exemption/s] AND/OR [public interest refusal/s] and believe the matter at issue satisfies the requirements of the [exemption/s] OR [public interest refusal/s] under [insert section/s or provision/s] of the FOI Act. Accordingly, I have decided to refuse access to these subject documents.
Decision on access to documents
I have decided to grant full access to all X documents.
I made this decision as an authorised FOI decision maker under section 23(1) of the FOI Act.
Access to edited copies with exempt or irrelevant material deleted
If applicable: I have identified that Documents XX contains material that is irrelevant to your request. The irrelevant material relates to names and/or contact details of NDIA staff which you have agreed to out of scope from your request.
Although I have decided to provide full access to the information requested, the removal of the irrelevant information makes the documents a partial release.
Accordingly, I have prepared an edited copy of the documents with the irrelevant material removed.1
Release of documents
The documents for release, as referred to in the Schedule of Documents at Attachment A, is/are attached.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment B.
If you have any enquiries about this matter, please contact me by email at foi@ndis.gov.au.
Yours sincerely
Name Senior Freedom of Information Officer Government, Risk & Legal – Complaints Management and FOI General Counsel Division
1 Section 22 of the FOI Act.
Attachment A
Schedule of Documents for FOI 24/25-XXXX
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1-2 | Document Title Date: DD Month YYYY | FULL ACCESS | |
| FULL ACCESS | Irrelevant material removed under section 22 of the FOI Act |
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision.
If you wish to seek an internal review of the decision, you must apply for the review, in writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review process, you should clearly outline your grounds for review (that is, the reasons why you disagree with the decision). Applications for internal review can be lodged by email to xxx@xxxx.xxv.au or sent by post to:
Freedom of Information Section Complaints Management and 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 also 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: enquiries@oaic.gov.auPhone: 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: ombudsman@ombudsman.gov.au
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.