NDIS — FOI 24/25-0855: Notification of Decision

Our reference: FOI 24/25-0855

19 March 2024

David Wright

By email: foi+request-12415-06d74008@righttoknow.org.au

Dear David Wright

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 29 November 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:

“FOI 24/25-0514 (document 1) contains the research paper ‘Applied behaviour analysis and positive behaviour support’.

Page 1 of the document provides the following information about the preparation and approval of the document (with surnames redacted):

Requestor: Kim Endorsed by (EL1 or above): Naomi Researcher: Aaron Cleared by: Shane

I request all communications by or with Kim, Naomi, Aaron and Shane - amongst themselves, or by any of these people with anyone else at the NDIA - concerning this research paper.

I also request all draft copies of the paper which were prepared prior to its final approval.

Surnames are not relevant to my request - they can be redacted from any documents provided to me.”

Extension of time

The FOI Act provides 30 calendar days for the processing of an FOI request after it is received. As your valid FOI request was received on 29 November 2024, the original due date for your request was 29 December 2024.

On 9 December 2024, you agreed via email to a 30-day extension of time under section 15AA of the FOI Act, making 28 January 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.

Expiration of time

As we were not able to complete your application by the legislated due date of 29 January 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 in consultations with the following business area to obtain documents within their possession which may fall within the scope of your FOI request:

• Technical Advice and Practice Improvement Branch

As a result of this search, 11 documents were located relevant to the scope of your request. This search was undertaken between 14 February and 24 February 2025 and was overseen by senior staff within the business area.

I was also notified that Kim no longer works for the agency, therefore I also engaged in consultations with the following business area for searches of the agencies email server for documents which may fall within the scope of your request:

• Cyber Security Operations

A search was performed on the email server using the following parameters:

• All emails to or from Kim
• Keywords of ‘Applied behaviour Analysis and Positive Behaviour Support’ or ‘RES 246’ or ‘ABA and positive behaviour support’
• Timeframe of 15/06/2022 to 31/08/2022

As a result of this search, 10 documents were located relevant to the scope of your request. This search was undertaken between 24 February and 3 March 2025.

Decision

I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on this FOI request.

In total 21 documents relevant to the scope of your request have been located, I have decided to:

• Grant access in part to 21 documents in accordance with section 22 – Access to edited copies with exempt or irrelevant matter deleted on the grounds that the deleted material is irrelevant to your request.
• Remove irrelevant material in accordance with section 22 of the FOI Act

Section 22 – Access to edited copies with exempt or irrelevant material deleted

Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a document where the agency has decided to refuse access to an exempt document or that to

give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access.

On 9 December 2024, you confirmed via email that you had no objections to surnames and contact details of NDIS staff being considered irrelevant to the scope of your request.

I have identified irrelevant material in 21 documents and am satisfied that it is reasonably practicable to remove this material and release the documents to you in material form.

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 fox@xxxx.xxx.xx.

Yours sincerely

Patrick (PHO293) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division

Attachment A

Schedule of Documents for FOI 24/25-0855

Document number	Page number	Description	Access Decision	Comments
1	1	Email Subject: RE: RES 246 Scope of ABA Date: 7 July 2022	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act
2	2	Email Subject: RES 246 Scope of ABA Date: 7 July 2022	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act
3	3	Email Subject: RES 246 ABA and Positive behaviour support Date: 21 July 2022	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act
4	4	Email Subject: RE: RES 246 ABA and Positive behaviour support Date: 22 July 2022	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act
5	5	Email Subject: Cleared: RES 246 Applied Behaviour Analysis and Positive Behaviour Support Date: 25 July 2022	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act
5.1	6-14	Attachment to Document 5 Research Paper - Applied behaviour analysis and positive behaviour support v1 Date: 25 July 2022	PARTIAL ACCESS	Irrelevant material removed under section 22 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 the matter becoming deemed.

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.