Freedom of Information request — Notification of Decision
Thank you for your correspondence of 24 July 2024, seeking 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 originally requested access to the following documents:
- Any and all documents, including but not limited to emails, memos, reports, presentations, and meeting minutes, that contain information about or reference to a
- The NDIA CEO; or
- Any of the NDIA Deputy CEOs And sent to:
- The majority of NDIA employees; or
- All of the employees in any one NDIA division or branch. The time frame for this request is from 1 January 2023 to the date of this application. (24 July 2024).” I confirmed with you on 29 August 2024, that this revised scope had negated the reason for a practical refusal decision under s24AB of the FOI Act.
Extension of time
On 6 September 2024, you agreed to a 14-day extension of time under section 15AA of the FOI Act, making 20 September 2024 the new date to provide you with a decision on access. Since I anticipated needing more time to process your request, I sought your agreement to a further 10-day extension of time, which you agreed to on 19 September 2024, thus, moving the new date to provide you with a decision to 30 September 2024.
As your request was in the final processing stages, I emailed you on 30 September 2024 and sought a further 6-day extension of time. I confirm you responded that day, agreeing to only a 4-day extension of time, making the 4 October 2024 the new date to provide you with a decision. I acknowledge that this time has lapsed and as a result we are deemed to have refused your request under section 15AC of the FOI Act.
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.
Search Efforts
Staff in the NDIA’s Service Delivery Group conducted searches for documents and advised they had located 4 documents relevant to the scope of your request.
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. I have decided to grant access to each of the 4 documents in part.
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have identified that Documents 1 to 4 contain material that is irrelevant to your request. The irrelevant material can be described as the names and contact details of NDIA staff, internal email addresses and information which does not relate to the Nothing Before February 2024 campaign.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to delete the irrelevant material from the documents and have concluded that it is reasonably practicable to do so. Accordingly, I have prepared an edited copy of the documents with the exempt and irrelevant material removed.
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,
Wendy (WNN633) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division
Attachment A
Schedule of Documents for FOI 24/25-0101
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1-2 | Email Subject: Info: ‘Nothing before February 24’ initiative Date: 29 April 2024 |
PARTIAL ACCESS | Irrelevant material removed under section 22 of the FOI Act |
| 2 | 3-6 | Email Subject: A message from the CEO |
For Agency staff and partners Date: 27 May 2024 |
PARTIAL ACCESS |
| 3 | 7-10 | Email Subject: For info: Service Delivery group update Date: 7 June 2024 |
PARTIAL ACCESS | Irrelevant material removed under section 22 of the FOI Act |
| 4 | 11-12 | Email Subject: A message from the CEO |
For Agency staff and partners Date: 17 June 2024 |
PARTIAL ACCESS |
Attachment B
Your review rights
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.