DOCUMENT 28

Freedom of Information request — Notification of Decision

Thank you for your correspondence of [Date Month Year], in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).

Scope of your request

If applicable / After consultation with you on DATE, the scope of your request was confirmed in our email ON DATE/of the same day. You have requested access to the following documents:

• “Original Request.” (Please insert [sic] after any spelling or grammatical mistakes in the original quoted request.) OR Your email, which outlines the scope of your request is at Attachment X.

If applicable: You have requested access to information about (Participant Name).

If applicable: I am satisfied that you have the authority to receive the requested information on behalf of (Participant Name).

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.

Decision on access to documents

I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your request and the reasons for my decision are set out below.

I have decided to refuse your request for access under section 24A of the FOI Act. The reasons for my decision are set out below.

In reaching my decision, I took the following into account:

• Your correspondence outlining the scope of your request the FOI Act
• The FOI Guidelines published under section 93A of the FOI Act
• Consultation with relevant officers of the NDIA
• The NDIA’s operating environment and functions.

Reasons for decision - Refuse a request for access (section 24A)

Section 24A of the FOI Act provides 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.

I have conducted searches of the NDIA’s documents management systems and made enquiries with NDIA staff. These enquiries have revealed that the NDIA is not in possession of documents matching the scope of your request. This is because [insert reason].

I am satisfied that all reasonable steps have been taken to locate the documents you have requested and that the documents cannot be found or do not exist [pick one or both]. I have, therefore, decided to refuse access to your request in accordance with section 24A(1)(b)(ii) of the FOI Act.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment A.

Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.

Yours sincerely

First name

Designation

Complaints Management & FOI Branch

General Counsel Division

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