DOCUMENT 5
Our reference: FOI 24/25-XXxX
GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au
Name
By email: email
Dear Name
Freedom of Information request - Notification of Decision
Thank you for your correspondence of [Date Month Year], 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 notify you of my decision on your application.
Scope of your request
For personal: You requested access to following documents from [your] NDIS file [the NDIS file of no salutation) First and Last name (CRM Ref: XXXXXXXxX):
‘[Verbatim request]” (Please insert [sic] after any spelling or grammatical mistakes in the original quoted request.)
For non-personal: You requested access to the following documents:
“[Verbatim request]” (Please insert [sic] after any spelling or grammatical mistakes in the original quoted request.)
If applicable: | confirm your email dated (insert date) where you agreed to the following revised scope:
‘[Verbatim revised request]” (Please insert [sic] after any spelling or grammatical mistakes in the quoted request.)
If applicable: | am satisfied that you have the authority to receive the requested information on behalf of [First and Last name].
The purpose of this letter is to notify you of my decision on your application.
If applicable: Extension of time
On XXX, you agreed to an XX-day extension of time under section 15AA of the FOI Act, making DD Month YYYY the new date to provide you with a decision on access.
On XXX, the Office of the Australia Information Commissioner (OAIC) granted us an XX-day extension of time under section 15AB of the FOI Act, making DD Month YYYY the new date to provide you with a decision on access.
Expiration of time
A 30-day statutory period for processing your request commenced from XXXXX, in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was
Delivered by the National Disability Insurance Agency
XXXXX.
I note this time has lapsed and as a result we are deemed to have refused your request under section 15AC of the FOI Act.
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.
Search efforts
Staff in the NDIA’s Scalable Integrity Responses Branch conducted searches for documents and advised they did not locate any documents relevant to the scope of your request. I have set out the reasons for this outcome in Attachment A to this letter.
Decision on access to documents
In summary, I have decided to refuse access to the information you have requested on the basis that the documents are non-existent or unlocatable pursuant to section 24A of the FOI Act.
I made this decision as an authorised FOI decision maker under section 23(1) of the FOI Act.
I have provided a detailed statement of the reasons for my decision in Attachment A to this decision notice.
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
Statement of Reasons
Attachment A
Refused information
I have refused access to the information you requested under section 24A of the FOI Act on the basis that documents containing such information 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
After reviewing the scope of your FOI application, I identified the need to make enquiries with the NDIA’s XXXXX for documents relevant to the scope of your request.
Provide an explanation as provided by the business unit that is specific to the scope
Conclusion
Based on the information I received from XXXX, I consider there are reasonable grounds to be satisfied that documents containing the information you seek do not exist. I therefore refuse access to the information under section 24A of the FOI Act on the basis that the information is non-existent or does not exist.
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 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 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.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 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.