Our reference: FOI 24/25-1472 Your reference: MR25/00665
8 July 2025
Melih Sayan Assistant Review Advisor Office of the Australian Information Commissioner
By email: foidr@oaic.gov.au
Dear Melih Sayan
Submissions to the Information Commissioner
Thank you for your correspondence of 10 June 2025 in which you requested submissions as the applicant contends the searches conducted were insufficient and not all documents in the scope were located by NDIA.
The purpose of this letter is to provide you with the information and submissions requested in that correspondence.
Background
On 6 March 2025 the applicant requested access to the following documents held by the NDIA:
“ I request a quote of all documents that:
Contain current advice or guidance or similar on the definition of ‘permanent’ (as used in the Act), and
Are not publicly available, and
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“
Consultation to revise scope under s 24AB
After our Scheme Eligibility Branch advised the applicant’s scope was too broad, we consulted with the applicant under section 24AB of the Freedom of Information Act 1982 (FOI Act), to consider narrowing the scope.
On 16 April 2025, we emailed the applicant the consultation letter and on the same day, they replied narrowing part of the scope to the following:
“I agree to revise the scope to add:
“and,
The document is a work instruction, or
The document is a SOP, or
The document instructs staff how to use or apply the word ‘permanent’ from the Act.”
Evidence of Searches
Where relevant documents would be located
Based on the terms of the FOI request, documents could reasonably be expected to be located by consulting with staff in the below line areas:
- Scheme Eligibility Branch
- Service Guidance and Practice
- Frontline Capability
Original Searches
The FOI Decision Maker sent a consult to the following branches requesting searches for documents relevant to all parts of the applicant’s request:
- Scheme Eligibility Branch
- Service Guidance and Practice
- Frontline Capability
We consulted with the Scheme Eligibility Branch with the initial FOI request. They advised the request was too broad and after consulting with the applicant, the FOI scope was revised to the following:
“I request a copy of all documents that:
Contain current advice or guidance or similar on the definition of ‘permanent’ (as used in the Act), and
Are not publicly available, and
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).
The document is a work instruction, or
The document is a SOP, or
The document instructs staff how to use or apply the word ‘permanent’ from the Act.
Where a document is in scope the request is for the whole document, not just the portion relating to impairment”
After notifying the branch of the amended scope, they were able to conduct searches and located relevant documents which were released to the applicant with exemptions applied.
Service Guidance and Practice located one document which was released to the applicant.
Frontline Capability initially advised that documents could be with Service Guidance and Practice Branch, who we had already reached out to as noted above. Frontline Capability also conducted searches on the amended scope and confirmed ‘there are no guidance materials surrounding the concept and application of “permanent” in our training materials’.
Additional Searches
On 10 June 2025, OAIC advised us by email that the applicant had considered our decision of 14 May 2025 and wished to continue with the IC review on the basis that they contend the searches conducted were insufficient and all relevant documents in scope of the review were not located by the Agency.
With that in mind, we reached out to the following branch that may have documents to conduct searches:
- Policy and Practise Leadership
On 3 July 2025, Policy and Practice Leadership replied advising that ‘the team have conducted searches with a Nil result’.
Reasons as to why no further documents exist
As detailed above, all relevant locations where documents would be located have been searched by FOI officers and staff members from relevant line areas.
All relevant documents have already been provided, and no other documents exist.
Submissions
It is the Agency’s position that it has taken all reasonable steps to identify documents relevant to the applicant’s request. Paragraphs 3.88 and 3.99 of the Guidelines issued by OAIC also provide guidance on what constitutes ‘all reasonable steps’.
Multiple searches were conducted with all line areas that could be expected to hold documents. These searches were overseen and endorsed by senior staff in the relevant areas.
With reference to where documents would be located and the searches conducted, the Agency submits that its searches for documents relevant to the applicant’s request satisfy the requirements to take all reasonable steps to find a document and that those searches were ‘appropriate or suitable to the circumstance or purpose’.
By conducting multiple search consults with relevant line areas and requesting that they advise of any other line areas that may be able to provide documents in line with the FOI scope, the NDIA has taken ‘comprehensive steps to locate documents’.
The additional searches and the subsequent release of information show a commitment by the Agency to resolve this matter and provide the applicant with the information they are seeking. The FOI Team have exhausted all search efforts and were unable to locate any further documents or information relevant to the applicant’s request. The Agency therefore submits that no other documents exist within the scope of the FOI request.
Should you require anything further in relation to this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.
Yours sincerely,
Sussan (SJL495) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division