Freedom of Information request — Notification of Decision

Thank you for your correspondence of 19 September 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:

“…all Tab research documents and any other internal documents titled or including a scope of research of one or more of the following: - Developmental coordination disorder (DCD) - Autism/Autism Spectrum Disorder/ASD and motor impairments - Dyslexia or specific learning difficulty with reading - Dysgraphia or specific learning difficulty with written expression - Dyscalculia or specific learning difficulty with mathematics - Motor dysgraphia - Hypermobility - Dyspraxia…”

Processing time

On 03 October 2024, you agreed to a 15-day extension of time under section 15AA of the FOI Act, making 05 November 2024 the new date to provide you with a decision on access.

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

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 19 documents, which fall within the scope of your request.

These documents were identified by consulting with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request and reviewing identical requests listed on our Disclosure Log.

I have decided to grant access to 19 documents in part.

In reaching my decision, I took the following into account (delete as appropriate):

• 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.

Reasons for decision

Personal privacy (section 47F)

Section 47F of the FOI Act conditionally exempts a document 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 of a third party / third parties.

The conditionally exempt material contains references to the middle names / details of personal leave or employment conditions of staff members which have not previously been disclosed to you.

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; b. whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the document; c. the availability of the information from publicly accessible sources; and d. any other matters that the agency considers relevant.

Against these criteria, I take the view that:

• it is apparent from the information that an individual is identifiable; and
• the information referred to above is not readily available from publicly accessible sources.

With reference to the assessment above, it would be unreasonable to disclose publicly this personal information and is therefore conditionally exempt under section 47F(1) of the FOI Act.

In summary, I am satisfied that the factors against disclosure of the information outweigh the factors in favour of disclosure and that, on balance, it would be contrary to the public interest to release this information to you. Accordingly, I have decided that the relevant information in Documents 1 to 21 is exempt under section 47F of the FOI Act.

Documents

Please be advised that all documents relevant to your request, have previously been requested under the FOI Act. These documents are publicly available on the NDIA’s disclosure log (FOI Disclosure log | NDIS). We have provided these to you as an attachment to our email dated 03 October 2024 and 23 October 2024. However, as no response was received, we have reattached these documents for your convenience.

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) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division National Disability Insurance Agency

Schedule of Documents for FOI 24/25-0380

Document number	Number of Pages	Description	Access Decision	Comments
1	11	Research Paper – Autistic burnout Date: 12 March 2024	PARTIAL ACCESS Exemption(s) claimed: s47F – personal privacy	-
2	14	Research Paper – Effective management of auditory differences in people with autism Date: 16 February 2023	PARTIAL ACCESS Exemption(s) claimed: s47F – personal privacy	-
3	6	Research Paper – Applied Behaviour Analysis for adults with ASD Date: 14 February 2022	PARTIAL ACCESS Exemption(s) claimed: s47F – personal privacy	-
4	15	Research Request – Updated Literature Review: Sensory products / weighted items for participants with autism Date: 14 May 2020	PARTIAL ACCESS Exemption(s) claimed: s47F – personal privacy	-
5	17	Research Request – Expected abilities / Challenges for children <5 Date: Not Applicable	PARTIAL ACCESS Exemption(s) claimed: s47F – personal privacy	-
6	4	Research Paper – Cognitive Behaviour Therapy for Emotional Regulation in Children with Autism Date: 17 October 2022	PARTIAL ACCESS Exemption(s) claimed: s47F – personal privacy	-

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.