Freedom of Information request — Notification of Decision

Thank you for your correspondence of 5 August 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:

• Care/Supervision hours for a 3.5 yr. old and 2 yr. old.
• Expected abilities and challenges for children under 5
• Chiropractor & Chiropractic
• Feeding program for Avoidant Restrictive Food Intake disorder
• Benefits of foot orthotics for ASD

Extension of time

On 28 August 2024, you agreed to a 7-day extension of time under section 15AA of the FOI Act, making 18 September 2024 the new date to provide you with 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.

Search Efforts

Searches for documents were conducted by the Technical Advisory Branch (TAB) and 5 documents responsive to your application were located. The purpose of these documents was to provide information to assist advisors in the provision of advice to delegates. Please be advised that the documents in their current form may not reflect current processes or understanding of subject matter within TAPIB.

TAPIB research officers conduct literature reviews of publicly available academic research and allied health information – they are employed as APS employees.

I have decided to grant partial access to 5 documents.

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

Reasons for decision

Personal privacy (section 47F)

Section 47F of the FOI Act conditionally exempts a documents if its disclosure would involve the unreasonable disclosure of personal information about any person (including a deceased person).

I have identified material in the documents falling within scope of your request which contains personal information that relates to the names and contact details of NDIA staff members.

Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents would involve unreasonable disclosure of personal information, regard must be had to: a. the extent to which the information is well known;

Public interest considerations – section 47F

Section 11A(5) of the FOI Act provides that access to a document covered by a conditional exemption must be provided unless disclosure would be contrary to the public interest.

I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI Act in making this decision.

In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI Act, and I have determined that disclosure of the relevant information in Documents 1-5 would promote the objects of the FOI Act by providing access to documents held by the government.

Against disclosure, I consider that disclosure of the relevant information in Documents 1-5:

• would not contribute to the publication of information of sufficient public interest to justify the likely harm caused by release

• would not enhance Australia’s representative democracy in the ways described in section 11B(3) of the FOI Act

• would not inform any debate on a matter of public importance, or promote oversight of public expenditure.

While there is limited public interest in the disclosure of information conditionally exempt under section 47F of the FOI Act, the harm that would result from disclosure is that it could

Release of documents

The documents for release, as referred to in the Schedule of Documents at Attachment A, are 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

Billie (BLN494) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division

Attachment A

Schedule of Documents for FOI 24/25-0145

Document number	Page number	Description	Access Decision
1	1-4	Research Paper – Care/Supervision hours for a 3.5 yr. old and 2 yr. old.	PARTIAL ACCESS Exemption claimed: s47F – personal privacy
2	1-17	Research Paper – Expected abilities and challenges for children under 5	PARTIAL ACCESS Exemption claimed: s47F – personal privacy
3	1-10	Research Paper – Chiropractor & Chiropractic	PARTIAL ACCESS Exemption claimed: s47F – personal privacy
4	1-44	Research Paper – Feeding program for Avoidant Restrictive Food Intake disorder	PARTIAL ACCESS Exemption claimed: s47F – personal privacy
5	1-10	Research Paper - Benefits of foot orthotics for ASD	PARTIAL ACCESS Exemption claimed: s47F – personal privacy

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 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 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:

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.