Our reference: FOI 24/25-1217
27 March 2025
Gabriel
By email: foi+request-12800-56f45403@righttoknow.org.au
Dear Gabriel
Freedom of Information request — Request consultation process
Thank you for your correspondence of 2 February 2025, in which you requested 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 have requested access to the following documents:
I am seeking access to documents related to the implementation and utilization of Artificial Intelligence (AI) within the National Disability Insurance Agency (NDIA).
Specifically, I request the following:
Policies and Frameworks: Documents outlining the NDIA’s policies, guidelines, or frameworks governing the development, deployment, and oversight of AI-enabled algorithms and technologies.
Meeting Records: Minutes, agendas, and related materials from discussions or meetings concerning the role of AI in NDIA processes.
Project Documentation: Records detailing AI-driven projects or initiatives undertaken by the NDIA, including project proposals, progress reports, evaluations, and outcomes.
Risk Assessment and Mitigation: Documents pertaining to risk assessments, ethical considerations, and mitigation strategies associated with the integration of AI technologies in NDIA processes.
Training and Support Materials: Materials developed to train NDIA staff on the use of AI based technologies, including manuals, guidelines, or educational content.
Names and Descriptions of AI Systems: The specific names, versions, and descriptions of AI systems or algorithms currently utilized or developed by the NDIA.
Practical refusal
I am authorised to make decisions under section 23(1) of the FOI Act.
I am writing to advise that the work involved in processing your request in its current form would substantially and unreasonably divert the resources of the NDIA from its other operations due to its broad scope. This is called a ‘practical refusal reason’ under section 24AA of the FOI Act.
On this basis, I intend to refuse your request. However, before I make a final decision, I am writing to provide you with an opportunity to revise your request. This is called a ‘request consultation process’ as set out under section 24AB of the FOI Act. You have 14 days to respond to this notice in one of the ways set out below.
A preliminary consultation occurred to identify which areas of the agency would likely be in possession of documents that may be in scope of your request. Three areas were identified, the NDIA’s Office of the Chief Information Officer Division, Data and Analytics and the National Contact Centre. The advice from these business areas have confirmed that the scope of your request is too broad, and that processing it in its current form would cause a diversion of the agency’s resources.
In particular, your request for Meeting Records and Project Documentation would require an agency wide search to locate any possible meeting record or project document produced by staff outside of the above noted areas that references AI.
As a result, I am of the view that the work involved in the processing of this request would substantially and unreasonably divert the resources of the NDIA from its other operations.
Request consultation process
You now have an opportunity to revise your request to enable it to proceed.
Revising your request can mean narrowing the scope of the request to make it more manageable or explaining in more detail the documents you wish to access. For example, by providing more specific information about exactly what documents you are interested in, the NDIA will be able to pinpoint the documents more quickly and avoid using excessive resources to process documents you are not interested in.
To reduce the scope of your request, you might like to consider rephrasing your request to:
I seek access to the following documents, for the time period 1 January 2024 to the date of receipt of my FOI request:
- NDIA’s policies and guidelines governing the development, deployment, and oversight of AI-enabled algorithms and technologies
- Mandatory Training material for NDIA staff on the use of AI based technologies, (example: manuals, guidelines, or educational content)
- Names, versions, and descriptions of AI systems currently authorised for use by NDIA staff
The Digital Transformation Agency (DTA) are currently coordinating APS trials of generative AI to explore safe and responsible use cases for government, for the period from January to June 2024. To access the information you seek it may be more suited to direct your query to this agency, details are available here Freedom of information | Digital Transformation Agency.
Alternatively, you may like to propose and alternative scope.
You have 14 days from the date you receive this letter to contact me and do one of the following:
a. withdraw your request b. make a revised request c. indicate that you do not wish to revise the request.
During this period, you are welcome to seek assistance to revise your request. If you revise your request in a way that adequately addresses the practical refusal reason outlined above, we will recommence processing it.
Please note that the time taken to consult with you regarding the scope of your request is not taken into account for the purposes of the timeframe for processing your request.
You can contact me by email at foi@ndis.gov.au.
Alternatively, you can reply in writing to the following address:
Freedom of Information Section Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division National Disability Insurance Agency GPO Box 700 CANBERRA ACT 2601
If you do not contact me within this period, that is by 10 April 2025, your FOI request will be taken to have been withdrawn under subsection 24AB(7) and will not be dealt with any further.
Please do not hesitate to contact me if you have any questions.
Yours sincerely
Kate (KIM 627) A/Assistant Director – Freedom of Information Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division