NDIS — FOI 24/25-0507: Notification of Decision

Our reference: FOI 24/25-0507

4 March 2025

Paul Carter

By email: foi+request-12154-c0492400@righttoknow.org.au

Dear Paul Carter

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 10 October 2024, seeking access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).

I apologise for the delay in processing your request.

The purpose of this letter is to provide you with a decision on your request.

Scope of your request

You have requested access to the following documents:

“All guidance and policy for staff in the NDIA Complaints Management & FOI Branch on identifying, reviewing and processing documents for FOI and PIA requests

• All guidance and policy for staff in other NDIA business line areas on identifying, reviewing and processing documents for FOI and PIA requests

• All guidance for staff in any NDIA business area about navigating the NDIS business system and database/s for any purpose

• The FAQ referred to in FOI-2 23/24-1100 on page 23 of 61 “If you are unsure of what advice the FOI team requires, please refer to the attached FAQ, or contact the FOI decision maker for clarification.”

You have revised the scope of your request to be for the following documents:

“- The FAQ referred to in FOI-2 23/24-1100 on page 23 of 61 “If you are unsure of what advice the FOI team requires, please refer to the attached FAQ, or contact the FOI decision maker for clarification

• The file names and titles of all “2024 Documents: 38” and “13 FOI training videos” listed in the FOI 24/25-0507 request consultation process letter (6 February 2025) And the following types of documents that are used by the NDIA Complaints Management & FOI Branch for FOI and PIA requests:

• All current SOPS, task cards and guides in pdf/word format
• All current decision letter templates

• All current forms and templates used in consulting with other business divisions”

Timeframe

A 30-day statutory period for processing your request commenced from 10 October 2024 in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was 11 December 2024. 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.

Extension of time

On 22 October 2024, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 11 December 2024 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.

Section 17(1)(c) of the FOI Act provides that an agency can produce a written document containing the requested information, by the use of a computer or other equipment that is ordinarily available for retrieving or collating stored information. We have been able to produce a document containing the information you requested. I have, therefore, treated your request as if it were a request for access to this document in accordance with section 17(1)(c) of the FOI Act.

I have identified 24 documents, which fall within the scope of your request.

The documents were identified by the Information Access Branch who conducted searches of NDIA’s systems, using all reasonable search terms that could return documents relevant to your request, and consulting with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request.

I have decided to grant access to 24 documents in full.

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

• your correspondence outlining the scope of your request • the nature and content of the documents falling within the scope of your request • the FOI Act • the FOI Guidelines published under section 93A of the FOI Act • consultation with relevant NDIA staff • the NDIA’s operating environment and functions.

Disclosure documents

Please be advised that the following segment of your request pertains to a recent release of documents that has been uploaded to our disclosure log. This will be provided to you along with this decision bundle:

...* All current decision letter templates...

Release of documents

The documents for release, as referred to in the Schedule of Documents at Attachment A, are enclosed.

Rights of review

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

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

Yours sincerely

Cooper (CHH674) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division

Attachment A

Schedule of Documents for FOI 24/25-0507

Attachment B

Your review rights

As this matter was a deemed refusal, internal review of this decision is not an option. However, if you have concern with any aspect of this decision, please contact the NDIA FOI team by email foi@ndis.gov.au or by post:

Freedom of Information Section Complaints Management & 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) 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.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 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.