Freedom of Information request — Request consultation process

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Our reference: FOI 20/21-0885

                                                   GPO Box 700
                                                                          Canberra ACT 2601
                                                                     1800 800 110

                                                                                    ndis.gov.au

9 July 2021

Shirley By email: foi+request-7497-176487e2@righttoknow.org.au

Dear Shirley

Freedom of Information request — Request consultation process

Thank you for your correspondence of 13 June 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).

Scope of your request You have requested access to documents about the National Disability Insurance Scheme (NDIS). Specifically, you requested access to:

“…a copy of all references, citations and all underlying sources of the NDIA’s ‘Insurance Principles’ cited in the NDIA Corporate Plan 2019-2023 [1]. …copies of all the research, analysis, assessment, evaluation, risk methodology and supporting evidence that determined the NDIA’s Strategic risks cited in the NDIA’s 2019-2023 Corporate Plan [1]. That is, all documentation and information that went into the formation and calculation of said ‘strategic risks’.”

Practical refusal I am authorised to make decisions under the FOI Act.

I am writing to advise that 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 size. 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 processes 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.

Why I intend to refuse your request I have conducted a preliminary search for documents which are likely to be relevant to your request. This search has revealed that the NDIA is in possession of more than 75,200 individual documents matching the scope of your request, not including any attachments which may be contained within those documents.

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.

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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.

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; or

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

If you do not contact me within this period, that is by 5:00pm 23 July 2021, 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

Ausilia Woodhead Assistant Director Parliamentary, Ministerial & FOI Branch Government Division