Freedom of Information request - Notification of Decision
Thank you for your correspondence of 28 September 2024, 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
You requested access to the following documents:
“...further information or documents researched or used by TAB to advise on ratios of supports for participants more recent than the 2021 Research document FOI 24/25-0013 "Ratios of Support" Please supply any documents in regard to both in the home and the community...”The purpose of this letter is to notify you of my decision on your application.
Extension of time
On 4 October 2024, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 27 November 2024 the new date to provide you with a decision on access.
Search efforts
Staff in the NDIA’s Technical Advice and Practice Improvement Branch (TAPIB) 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
Cooper (CHH674) Senior Freedom of Information Officer Government, Risk & Legal – Complaints Management and FOI General Counsel Division
Attachment A
Statement of Reasons
FOI Application 24.25-0416
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 Technical Advice and Practice Improvement Branch (TAPIB) for documents relevant to the scope of your request.
The line area has advised that there are not have any relevant research documents more recent than the 2021 paper mentioned in your request.
Conclusion: Based on the information I received from TAPIB, 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 a 24A of the FOI Act on the basis that the information is does not exist.
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Attachment B
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.