Our reference: FOI 24/25-1236
30 April 2025
Stuart Right to Know
By email: foi+request-12812-29cd096b@righttoknow.org.au
Dear Stuart
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 5 February 2025, 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 requested access to the following documents:
...Please provide the following figures for these quarters: • FY 2023-24 Q2 (1 Oct 2023 – 31 Dec 2023) • FY 2024-25 Q2 (1 Oct 2024 – 31 Dec 2024)
- The total number of access requests carried over (outstanding) from the previous quarter.
- The total number of access requests received during the quarter.
- The total number of access requests still awaiting an eligibility decision (outstanding) at the end of the quarter.
- The total number of access decisions made during the quarter where the applicant was found to be eligible.
- The total number of access decisions made during the quarter where the applicant was found to be not-eligible.
- The total number of access requests closed without a decision (ie. withdrawn, applicant deceased, administrative error).
And the following figures for only FY 2024-25 Q2 (1 Oct 2024 – 31 Dec 2024):
- The total number of access decisions or requests for more information made during the quarter, and; a). The number of those decisions/requests made within 21 days of receiving the access request. b). The number of those decisions/requests made within 22 to 60 days of receiving the access request. c). The number of those decisions/requests made within 61 to 111 days of receiving the access request. d). The number of those decisions/requests made 112 or more days after receiving the access request.
- The total number of access decisions or requests for more information made during the quarter, after more information had been provided, and; a). The number of those decisions/requests made within 14 days of receiving the additional information. b). The number of those decisions/requests made within 15 to 40 days of receiving the additional information. c). The number of those decisions/requests made within 41 to 104 days of receiving the additional information. d). The number of those decisions/requests made 105 or more days after receiving the additional information
...
Timeframe
A 30-day statutory period for processing your request commenced from 5 February 2025 in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was 6 March 2025.
On 12 February 2025, you agreed via email to a 30-day extension of time under section 15AA of the FOI Act, making 6 April 2025 the new date to provide you with a decision on access.
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.
Searches conducted
Searches were conducted by the Analytics, Data and Actuarial (ADA) Division for documents relevant to the scope of your FOI request.
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(s) containing some of 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.
As a result of this search, one (1) document was located, this search was undertaken between 17 March and 07 April 2025 and was overseen by senior staff.
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.
I have decided to grant access to one (1) document in full.
In addition, ADA have advised the NDIA does not have existing data specific to the metrics for point 8 of your request, The total number of access requests closed without a decision (ie. withdrawn, applicant deceased, administrative error).
Therefore, I have decided to refuse access to information relevant to this part of your request pursuant to 24A of the FOI act on the basis that documents cannot be located or do not exist.
The decision in relation to each document is detailed in the schedule of documents at Attachment A.
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
Kate (KIM627) A/Assistant Director Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 24/25-1236
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1 | Section 17 Document – Data and Analytics – Access Requests and Decisions | Full Access | Document created under section 17 of the FOI Act |
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.