Our reference: FOI 24/25-0861
GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au
29 April 2025
Dan Collins
By email: foi+request-12423-2d7492c5@righttoknow.org.au
Dear Dan Collins
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 1 December 2024, seeking access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).
I apologise for the delay in processing your request.
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:
“As per the Freedom of Information Act I am requesting access in full to any documents
pertaining to the Agency’s FOI Disclosure Log publishing policy, rules, guides and
procedures.”
Timeframe
A 30-day statutory period for processing your request commenced from 2 December 2024 in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was 31 January 2025. I note this time has lapsed and as a result we are deemed to have refused your request 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.
Extension of time
On 11 December 2024, you agreed to a 30-day extension of time under section 15AA of the FOI Act, making 31 January 2025 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.
I have identified 3 documents, which fall within the scope of your request.
The documents were 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 3 documents 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
- the NDIA’s operating environment and functions.
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 fox@xxxx.xxx.xx.
Yours sincerely
Kate (KIM627) A/Assistant Director – Freedom of Information Non Personals Team Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division
Attachment A
Schedule of Documents for FOI 24/25-0861
| Document number | Page number | Description | Access Decision |
|---|---|---|---|
| 1 | 1-2 | How to lodge a disclosure log request Undated |
FULL ACCESS |
| 2 | 3-10 | SOP - Releasing FOI Disclosure Log documents Date: 4 December 2023 |
FULL ACCESS |
| 3 | 11-14 | SOP - Disclosure log audit (Draft) Date: 29 January 2024 |
FULL ACCESS |
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
- 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.