Freedom of Information request — Notification of Decision
Thank you for your correspondence of 14 October 2024, 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 decision on your request.
Scope of your request
You have requested access to the following documents:
“…Please provide these documents - “The Coalition’s Freedom of Information (FOI) requests unveiled records that $6,982,898 was paid to nine providers in the 2023 calendar year to subsidise holidays such as cruises and African safaris…”
Processing period
I apologise for the delay in releasing this decision to you. We have been experiencing processing delays and were not able to provide you with our decision by the due date.
Consequently, we are deemed to have refused your application under section 15AC of the FOI Act. In the interests of not causing any further delays, I have decided not to apply for an extension to the processing period from the Office of the Australian Information Commissioner (OAIC) under section 15AC of the FOI Act to protect your internal review rights. However, your right to apply for an external review with the Office of the Australian Information Commissioner remains protected. Please see Attachment B for more information about your rights of review.
Decision on access to documents
On 5 December 2024 you were advised via email that we had recently released a document that aligns with the scope of your request. Noting that we provided you with a document containing the information you requested, we sought your consent to withdraw your FOI request. To date, we have not received a response to this request, as such we are required under the FOI Act to proceed with providing you a decision on your FOI request.
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.
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 1 document, which falls 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
- 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 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
Kate (KIM627) A/g Assistant Director Freedom of Information Complaints Management & FOI Branch General Counsel Division
Schedule of Documents for FOI 24/25-0539
Attachment A
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1-3 | S17 Document - summary table - NDIS Cruise Holiday Suppliers - total number of invoices and total payments Date: 01 January 2023 - 31 December 2023 | FULL ACCESS | Document created under section 17 of the FOI Act |
Delivered by the National Disability Insurance Agency
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 receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
* Online: [www.oaic.gov.au](http://www.oaic.gov.au)
* Post: GPO Box 5218, Sydney NSW 2001
* Email: [enquiries@oaic.gov.au](mailto: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](mailto: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.