Freedom of Information request — Notice of Decision

Thank you for your correspondence of 2 February 2025 (your correspondence), seeking 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 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.”

Following a 24AB request for consultation process, you confirmed via email on 31 March 2025 to the following revised scope:

“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”

Processing Timeframes

The FOI Act provides 30 calendar days for the processing of an FOI request after it is received. As your valid FOI request was received on 2 February 2025, the original due date for your request was 4 March 2025.

On 5 February 2025, you agreed via email to a 30-day extension of time under section 15AA of the FOI Act, making 3 April 2025 the new date to provide you with a decision on access.

As described in our 24AB request for consultation notice of 27 March 2025, 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. As you responded to this notice on 31 March 2025, the new date to provide you with a decision on access changed to 7 April 2025.

As we were unable to provide you with a decision on your request by the legislated due date, your application is regarded as a deemed refusal under section 15AC of the FOI Act. Despite this, I have continued to process your application. I apologise for the delay and confirm that you retain your right to seek external review of this decision. Details are set out in Attachment C to this letter.

Searches conducted

Searches were conducted by the following business area for documents relevant to the scope of your FOI request:

Office of the Chief Information Officer

As a result of this search, three (3) documents were located, this search was undertaken between 3 April and 8 April 2025 and was overseen by senior staff.

Decision

I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on this FOI request.

I have decided to:

Grant access in full to 1 document
Grant access in part to 2 documents in accordance with section 22 – Access to edited copies with exempt or irrelevant matter deleted on the grounds that the deleted material considered exempt under 47E(d) – Public interest conditional exemptions – certain operations of agencies, of the FOI Act; and
Remove irrelevant material in accordance with section 22 of the FOI Act

Section 22 – Access to edited copies with exempt or irrelevant material deleted

Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a document where the agency has decided to refuse access to an exempt document or that to

give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access.

On 5 February 2025, you confirmed via email that you had no objections to surnames and contact details of NDIS staff being considered irrelevant to the scope of your request.

I have identified both exempt and irrelevant material in 2 documents and am satisfied that it is reasonably practicable to remove this material and release the documents to you in material form.

The decision in relation to each document is detailed in the schedule of documents at Attachment A.

A statement of reasons for this decision are set out in Attachment B.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment C.

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/Assistant Director – Freedom of Information Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division

Attachment A

Schedule of Documents for FOI 24/25-1217

Document number	Page number	Description	Access Decision	Comments
1	1-9	Use of Artificial Intelligence, Generative AI, and Machine Learning - Interim Policy Date: April 2024	FULL ACCESS
2	10-25	Attachment B - AI in action: Microsoft CoPilot Enhancing Productivity and Collaboration Date: Undated	PARTIAL ACCESS	Irrelevant material removed under section 22 of the FOI Act
2.1	26-28	Attachment A - CoPilot for Microsoft 365 trial Factsheet Date: Undated	PARTIAL ACCESS Exemptions claimed: s47E(d) – certain operations of agencies

Attachment B

Statement of Reasons

FOI 24/25-1217

REFUSAL UNDER 47E(d)

Certain operations of agencies (section 47E(d))

Section 47E(d) of the FOI Act states:

A document is a conditionally exempt if its disclosure under this act would, or could reasonably be expected to, do any of the following: (d) have a substantial adverse effect on the proper and efficient conduct of the operations of an agency.

The FOI Guidelines, at paragraph 6.115, states:

The predicted effect must bear on the agency’s ‘proper and efficient’ operations, that is, the agency is undertaking its operations in an expected manner.

The documents within the scope of your request contain an internal email address for the NDIA which is not publicly available. This internal email address allows agency staff to identify and communicate with other areas of the agency and are therefore vital to the proper and efficient conduct of the NDIA’s operations.

I am satisfied that disclosure of this information would result in a reasonable likelihood that aggrieved members of the public would utilise them to circumvent appropriate, publicly available points of contact with the agency. If this were to occur, it would affect the NDIA’s ability to address grievances and complaints in a structured and efficient manner. Such an outcome would be both substantial and adverse.

Accordingly, I consider the release of this information would reasonably have a substantial adverse effect on the proper and efficient conduct of the agency and is exempt under 47E(d) of the FOI Act.

PUBLIC INTEREST FACTORS

Public interest considerations – Section 47E

Section 11A(5) of the FOI Act states:

The agency or Minister must give the person access to the document if it is conditionally exempt at a particular time unless (in the circumstances) access to the document at that time would, on balance, be contrary to the public interest.

Irrelevant factors

I have examined the irrelevant factors in section 11B(4) of the FOI Act and I am satisfied I have not taken into account any irrelevant factors in reaching my decision.

Factors favouring disclosure

I have considered the factors favouring disclosure as set out in section 11B(3) of the FOI Act. The relevant factors being whether access to the document would:

(a) promote the objects of this Act (including all the matters set out in section 3 and 3A);
(b) inform debate on a matter of public importance;
(c) promote effective oversight of public expenditure

In favour of disclosure, I have considered these factors and have determined that disclosure of the information in the documents would promote the objects of the FOI Act (including all matters set out in sections 3 and 3A).

This is because providing access to documents held by the NDIA allows for increased scrutiny, discussion, comment, and review of government held information.

I have therefore decided to afford significant weight to this factor in favouring disclosure of the document to you.

Factors weighing against disclosure

The FOI Act does not list any factors weighing against disclosure. These factors will depend on the circumstances. However, the inclusion of the exemptions and conditional exemptions in the FOI Act recognises that harm may result from the disclosure of some types of documents in certain circumstances.

Paragraph 6.233 of the FOI guidelines provides a non-exhaustive list of public interest factors against disclosure. The factors I find relevant to this request are that release of this information could reasonably be expected to prejudice:

the management function of an agency

While I accept that there is a public interest in allowing scrutiny, discussion, comment and review of information held by the NDIA, there is also a strong public interest in ensuring proper and effective communication within the agency.

On balance

I am satisfied, based on the above, the public interest factors against disclosure outweigh the factors for disclosure, and that, on balance, it is against the public interest to release the information to you. Accordingly, I find that the information is exempt under section 47E(d) of the FOI Act.

Attachment C

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
Post: GPO Box 5218, Sydney NSW 2001
Email: 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

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.