NDIA Accountability Project

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Freedom of Information request — Notification of Decision

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Our reference: FOI 21/22-0720

                                                        GPO Box 700
                                                                                 Canberra ACT 2601
                                                                            1800 800 110

27 January 2022 ndis.gov.au

Mark By email: foi+request-8206-49cd6ce2@righttoknow.org.au

Dear Mark

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 17 December 2021, in which you requested 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 documents about the National Disability Insurance Scheme (NDIS). Specifically, you requested access to:

“Does the NDIA have separate teams to deal with new access requests and ongoing access request eligibility? If so, how many APS are assigned to each respectively?”

On 17 January 2022 the Office of the Information Commissioner granted the NDIA an additional 15 days to process your request, making 31 January 2022 the new due date to provide you a decision on access.

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.

The information you requested was not available in a separate written document at the time of your request. However, we have been able to produce a document containing the information you have requested. I have therefore treated your request as if it were a request for access to this document in accordance with section 17 of the FOI Act. I have decided to grant access to one document in full

In reaching my decision, I took into account the following materials:

  • 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
  • relevant case law concerning the operation of the FOI Act
  • consultation with relevant NDIA staff
  • factors relevant to my assessment of whether or not disclosure would be in the public interest, and
  • the NDIA’s operating environment and functions.

Release of documents

                                                                                     1

The document for release, as referred to in the Schedule of Documents at Attachment A, is 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

Peter Senior Freedom of Information Officer Parliamentary, Ministerial & FOI Branch Government Division

Attachment A

Schedule of Documents for FOI 21/22-0720

Document number Page number Description Access Decision Comments
1 1 Document containing information regarding NDIA staff responsible for Scheme access decisions FULL ACCESS Document created under section 17 of the FOI Act.

Attachment B

Your review rights

Internal Review

The FOI Act gives you the right to apply for an internal review of this decision. The review will be conducted by a different person to the person who made the original decision.

If you wish to seek an internal review of the decision, you must apply for the review, in writing, within 30 days of receipt of this letter.

No particular form is required for an application for internal review, but to assist the review process, you should clearly outline your grounds for review (that is, the reasons why you disagree with the decision). Applications for internal review can be lodged by email to foi@ndis.gov.au or sent by post to:

Freedom of Information Section Parliamentary, Ministerial & FOI Branch Government Division National Disability Insurance Agency GPO Box 700 CANBERRA ACT 2601

Review by the Office of the Australian Information Commissioner

The FOI Act also 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:

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:

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