Freedom of Information request — Request consultation process

Thank you for your correspondence of 6 September 2024, in which you requested access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).

Scope of your request

You have requested access to the following documents:

“I am seeking copies of correspondence/phone call logs, emails relating to how to manage ME/CFS between July 2023 to September 2024...

  I do not require a copy of the TAB reference document for ME/CFS…”

On 26 December 2024, you have revised the scope of your request to be for the following documents:

“…I am seeking information/correspondence between the NDIA and other parties (e.g. NDIA planners. the NDIA TAB. external advisors e.g. researchers, medical personal, allied health personal etc.) on how to manage ME/CFS that is dated/received/written between July 2023 to 6 September 2024.”

Internal Consultation

Based on the revised scope, I initiated a search for documents within the following NDIA business areas:

Technical Advice and Practice Improvement Branch (TAPIB)
Policy and Practice Leadership

At the conclusion of my searches, senior staff in the aforementioned business areas advised that the NDIA does not provide medical advice on ‘how to manage’ particular conditions. The business areas also highlighted that further specification, and limits are required for terms mentioned in your scope.

Practical refusal reason

As a result of my enquiries, I am satisfied that your request did not satisfy section 15(2)(b) of the FOI Act, as the terms of your request were too broad, and we were unable to identify the specific documents sought.

I therefore intend to refuse your request on the basis of a ‘practical refusal reason’ under section 24AA of the FOI Act. A practical refusal reason exists if the following applies:

* The request does not satisfy the requirement in section 15(2)(b) of the FOI Act, which requires an FOI applicant to provide such information concerning the document/s they are seeking access to, to enable the Agency to be able to identify it or them.

In reaching this view, I have taken account the following:

* The internal advice from TAPIB and Policy and Practice Leadership, who are the subject matter experts within the NDIA.

However, before I make a final decision, I am writing to provide you with an opportunity to revise your request.1 This is called a ‘request consultation process’ as set out under section 24AB of the FOI Act.

I am authorised to make this decision under section 23(1) of the FOI Act.

Request consultation process

In circumstances where an Agency is considering a practical refusal, it is required to undertake a request consultation process under section 24AB of the FOI Act. The purpose of this letter is to initiate that process. You now have 14 days to do one of the following:

* Withdraw your request;
* Make a revised request; or
* Indicate that you do not wish to revise the request (in which case the current scope of your request will stand).

If you do not do one of the three things listed above during the consultation period, your request will be processed on the basis of the current scope, and it is likely to be refused on the basis that your request did not satisfy section 15(2)(b) of the FOI Act.

During this period, you are welcome to seek assistance to revise your request. If you revise your request in a way that adequately addresses the practical refusal reason outlined above, we will recommence processing it.

To assist you with removing the practical refusal, I suggest you:

* Provide specifications for the type of document sought;
* Provide specifications on third parties you are interested in.

1 Section 24AB of the FOI Act.

Clarify what is meant by “how to manage” with the advice provided by the business areas provided above.

I acknowledge that it is the agency’s requirement to assist an applicant to rectify their scope issues. However, there is an expectation that an applicant clearly describes the details of the documents they want to access, to allow a decision maker to identify the documents, and for the agency to be able to conduct searches for the documents.

Please note that the time taken to consult with you regarding the scope of your request is not taken into account for the purposes of calculating the timeframe for processing your request.

If you wish to discuss this process, please contact me by email at foi@ndis.gov.au.

If you do not contact me within this period, that is by 19 May 2025, then we will continue to process your request with the current scope of request.

Please do not hesitate to contact me if you have any questions.

Yours sincerely

Wendy (WNN633) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division