Our reference: FOI 24/25-1610
OAIC reference: MR25/00850
27 May 2025
Emily Lacey Right to Know
By email: foi+request-12970-27e799f4@righttoknow.org.au
Dear Emily Lacey
Freedom of Information request — Notice of revised decision under section 55G of the Freedom of Information Act 1982
Thank you for your correspondence of 26 March 2025, in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).
The purpose of this letter is to provide you with a revised decision on your request.
Scope of your request You have requested access to the following documents:
“1. A complete list of all “research” documents held by the NDIA Technical Advisory and Practice Improvement Branch, created between 5 May 2024 and 26 March 2025 (inclusive). Please include the follow details for each item:
- Document title.
- File name.
- Date published/created.
- Version number.
- Whether it is “APPROVED” or “DRAFT”.“
Processing period The original due date for our access decision on your FOI request was 28 April 2025. We have been experiencing processing delays and were not able to provide you with our decision by the due date. Consequently, your application was regarded as a deemed refusal under section 15AC of the FOI Act. We sincerely apologise for this.
We note that you have now applied to the Office of the Australian Information Commissioner (OAIC) for a review by the Information Commissioner (IC) of our deemed refusal.
Revised decision under section 55G Section 55G(1)(a) of the FOI Act provides that at any time during an IC review, an Agency may vary an access refusal decision in favour of the applicant by giving access to documents in accordance with the request (revised decision).
Section 55G(2) provides that an Agency must notify the IC of the revised decision, and that decision becomes the decision under review.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act, including revised decisions under s55G of that Act. My revised decision on your request and the reasons for my decision are set out below.
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 containing 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.
I have identified one (1) document, which fall within the scope of your request.
This document was identified by conducting searches of NDIA’s systems, using all reasonable search terms that could return documents relevant to your request, and consulting with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request.
I have decided to grant access to 1 document 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
- the notice of IC review
- consultation with relevant NDIA staff
- factors relevant to my assessment of whether or not disclosure would be in the public interest
- the NDIA’s operating environment and functions.
Release of documents The documents for release, as referred to in the Schedule of Documents at Attachment A, are enclosed.
In accordance with section 55G(2) of the FOI Act, I will be providing the IC with a copy of this revised decision.
If you determine that you are satisfied with this revised decision and do not require this decision to be reviewed further by the IC, please let the Agency and the OAIC know.
If you would like clarification on any aspect of my decision, please do not hesitate to contact me by email at foi@ndis.gov.au.
Yours sincerely
Kate (KIM627) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 24/25-1610 / MR25/00850
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1 | Section 17 Document – TAPIB – Research titles Date: 14 May 2025 |
FULL ACCESS | Document created under section 17 of the FOI Act |
Delivered by the
National Disability Insurance Agency