NDIS correspondence: Notification of Decision - FOI 24/25-0959

Our reference: FOI 24/25-0959

GPO Box 700 Canberra ACT 2601 8 March 2025 1800 800 110 ndis.gov.au

Dan Collins

By email: foi+request-12622-d0162377@righttoknow.org.au

Dear Dan Collins

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 14 December 2024 (your correspondence), 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 provide you with a decision on your request.

Scope of your request

You have requested access to the following documents:

–…Dear National Disability Insurance Agency, As per the Freedom of Information Act I am requesting access to the below documents:

The official NDIS webpage titled ‘Frequently asked questions about legislation’ (available at https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ndis.gov. au%2Fchanges-ndis-legislation%2Ffrequently-asked-questions-about- legislation&data=05%7C02%7Cfoi%40ndis.gov.au%7C6a45542991444c2b6a5b08d d1c077be1%7Ccd778b65752d454a87cfb9990fe58993%7C0%7C0%7C6386975408 22488083%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiI wLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C6000 0%7C%7C%7C&sdata=XZ9ztJ3aJvBz6L8Th4JBVamk9yvRrUNAKoCdxd3B03w%3 D&reserved=0) has been updated several times since its creation and publication to add, change, and remove content.

– I am requesting a copy of each version of this FAQ webpage that was published between 14 December 2024 and its initial publication date.

 I don't know what format you use to archive these on your end, but I am willing to

receive the documents in any format that is available. I can see that the current live page can be downloaded using the website’s built-in ‘Save page as PDF’ function, if that is an option, that would be great…”

Processing Timeframes

The FOI Act provides 30 calendar days for the processing of a FOI request after it is received. As your valid FOI request was received on 14 December 2024, the original due date to provide you with a decision was 13 January 2025.

On 10 January 2025, you agreed via email to a 30-day extension of time under section 15AA of the FOI Act, making 12 February 2025 the new date to provide you with a decision on access.

As described in our email, the extension of time was requested because the agency is currently experiencing a high volume of FOI requests. I apologise for the delay this has caused in providing you with a decision.

As we were not able to complete your application by the legislated due date of 12 February 2025, your application is regarded as a deemed refusal 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. Details are set out in Attachment B to this letter.

Searches Conducted

I engaged with consultations with the following business area to obtain documents within their possession which may fall within the scope of your FOI request:

• Online Team

As a result of this search, thirteen (13) documents were located, this search was undertaken between 22 February and 28 February 2025. An assessment of the documents by the FOI Team determined that all 13 documents fall within the scope of your request.

Decision

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.

In total, 13 documents relevant to the scope of your request were located, I have decided to:

• Grant access to 13 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 decision in relation to each document is detailed in the schedule of documents at Attachment A.

Review Rights

Your rights to see 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

Patrick (PHO293) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division

Attachment A

Schedule of Documents for FOI 24/25-0959

Document number	Page number	Description	Access Decision
1	1-5	NDIA Website - Frequently Asked Questions About Legislation Date: 6 September 2024	FULL ACCESS
2	6-14	NDIA Website - Frequently Asked Questions About Legislation Date: 13 September 2024	FULL ACCESS
3	15-24	NDIA Website - Frequently Asked Questions About Legislation Date: 20 September 2024	FULL ACCESS
4	25-40	NDIA Website - Frequently Asked Questions About Legislation Date: 3 October 2024	FULL ACCESS
5	41-59	NDIA Website - Frequently Asked Questions About Legislation Date: 9 October 2024	FULL ACCESS
6	60-79	NDIA Website - Frequently Asked Questions About Legislation Date: 14 October 2024	FULL ACCESS
7	80-100	NDIA Website - Frequently Asked Questions About Legislation Date: 18 October 2024	FULL ACCESS
8	101-123	NDIA Website - Frequently Asked Questions About Legislation Date: 29 October 2024	FULL ACCESS
9	124-147	NDIA Website - Frequently Asked Questions About Legislation Date: 13 November 2024	FULL ACCESS

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 Information Release, Privacy and Legal Operations Reviews and Information Release 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.