Our reference: FOI 24/25-1238
GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au
24 April 2025
Stuart
By email: foi+request-12815-391e971b@righttoknow.org.au
Dear Stuart
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 6 February 2025, 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:
“Please provide the following figures for these quarters:
. FY 2022-23 Q3 (1 Jan 2023 - 31 Mar 2023) *
. FY 2022-23 Q4 (1 Apr 2023 - 30 Jun 2023) *
. FY 2023-24 Q1 (1 July 2023 - 30 Sep 2023) *
. FY 2023-24 Q2 (1 Oct 2023 - 31 Dec 2023) *
. FY 2023-24 Q3 (1 Jan 2024 - 31 Mar 2024)
. FY 2023-24 Q4 (1 Apr 2024 - 30 Jun 2024)
. FY 2024-25 Q1 (1 July 2024 - 30 Sep 2024)
. FY 2024-25 Q2 (1 Oct 2024 - 31 Dec 2024)
- I recognise that data recording in SAP CRM was more limited than in the current PACE system. If the specific figures requested in sub-points 2.a, 3.a-c, 5.a-e, and 6.a are unavailable for any period before January 1, 2024, those periods may be excluded from addressing those sub-points.
The total number of internal review requests carried over (outstanding) from the previous quarter.
The total number of internal review requests received during the quarter; and:
a). A breakdown of those requests by reviewable decision type, as identified by the
“Item” number and “Column 1” provision description found in Section 99(1) of the NDIS Act.
- The total number of internal review decisions made during the quarter; and, the number of decisions:
a). Confirming the reviewable decision (NDIS Act s100(6)(a))
b). Varying the reviewable decision (NDIS Act s100(6)(b))
c). Setting aside the reviewable decision and substituting a new decision (NDIS Act s100(6)(c))
-
The total number of internal review requests closed without a decision during the quarter; and, a list of reasons why this may occur.
-
The total number of internal review decisions made during the quarter; and, the number of those decisions made:
a). Within 60 days
b). 61 to 90 days
c). 91 to 120 days
d). 121 to 160 days
e). 161 days or more
- The total number of internal review requests still awaiting decision (outstanding) at the end of the quarter; and, of those:
a). How many of the requests had been awaiting decision for 91 or more days?“
Timeframe
A 30-day statutory period for processing your request commenced from 6 February 2025 in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was 7 April 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.
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.
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 some of 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 fall within the scope of your request.
The document was identified by the ADA Branch who conducted 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
- the NDIA’s operating environment and functions.
Further information
The line area (ADA) has advised that they are only able to produce some of the information that you have requested. In relation to your request for a breakdown of the quarterly figures, the ADA have advised that they can only produce numbers at a total level and not by the breakdown requested.
- The total number of internal review requests closed without a decision during the quarter; and, a list of reasons why this may occur.
ADA have advised that they are unable to produce these figures as it is not currently possible to differentiate between requests that are withdrawn due to administrative error and those that are legitimate requests that are closed without a decision.
- The total number of internal review decisions made during the quarter; and, the number of those decisions made:
a). Within 60 days
b). 61 to 90 days
c). 91 to 120 days
d). 121 to 160 days
e). 161 days or more
- The total number of internal review requests still awaiting decision (outstanding) at the end of the quarter; and, of those:
a). How many of the requests had been awaiting decision for 91 or more days?
ADA have advised that they only have existing data related to timeframes for internal reviews recorded in the PACE system and split by “within 60 days” and “over 60 days”.
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 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 24/25-1238
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1 | Created Document Date: 7 April 2025 |
FULL ACCESS | Document created under section 17 of the FOI Act |
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.