OFFICIAL: SENSITIVE
Our reference: FOI 24/25-0896
14 February 2025
Jane Doe
By email: foi+request-12497-ed590fd2@righttoknow.org.au
Dear Jane Doe
Freedom of Information request — Request consultation process
Thank you for your correspondence of 6 December 2024, in which you requested access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).
Scope of your request
You have requested access to the following documents:
*“I am seeking the following documents related to the decision to reduce the funding for Music Therapy:
- Research and/or evidence used to inform the decision
- Internal correspondence related to this decision
- Documents and/or correspondence of consultation with peak bodies, including the Australian Music Therapy Association”*
Practical refusal
I am authorised to make decisions under section 23(1) of the FOI Act.
I am writing to advise that the work involved in processing part of your request in its current form would substantially and unreasonably divert the resources of the NDIA from its other operations due to its size. This is called a ‘practical refusal reason’ under section 24AA of the FOI Act.
On this basis, I intend to partially refuse your request, specific to your point of ‘Internal correspondence related to this decision.’ I do want to note this is only a partial refusal, and that the rest of your request will be processed as per your above requested scope.
However, before I make a final decision, I am writing to provide you with an opportunity to revise part of your request. This is called a ‘request consultation process’ as set out under section 24AB of the FOI Act. You have 14 days to respond to this notice in one of the ways set out below.
Why I intend to refuse your request
OFFICIAL: SENSITIVE
OFFICIAL: SENSITIVE
We have recently received advice from another NDIS business area, who have conducted their preliminary search for documents which are likely to be relevant to part of your request.
This search has revealed that the NDIS is in possession of more than 1,200 individual documents that may be relevant to the scope of your request for ‘A internal correspondence related to this decision’, not including any attachments which may be contained within those documents.
On my reasonable estimate, I consider there is more than 1,200 pages worth of material that falls within the scope of your request as currently worded, not including any attachments which may be contained within those documents. At a conservative estimate of 1 minute per page, this would take an FOI officer more than 20 hours to simply review and collate the documents.
The documents that are assessed as being within scope of part of your request will then need to be reviewed for any sensitivities and possible exemption under the FOI Act and scheduled, we will need to consider any consultations and carry these out if required, a decision will need to be made on each document, and a decision letter prepared. This will significantly increase the hours that it will take an FOI officer to process your request.
As a result, I am of the view that the work involved in the processing of this request would substantially and unreasonably divert the resources of the NDIS from its other operations.
Request consultation process
You now have an opportunity to revise your request to enable it to proceed.
Reviewing your request can mean excluding parts of your requested scope such as email correspondence which will allow us to process the remainder of your requests promptly. You are also able to narrow the scope of the request it more manageable or explain in more detail the documents you wish to access.
To reduce the scope of your request, you might like to consider:
- Excluding Email Correspondence from your request
- Email Communication with/or from specific teams or areas of the NDIS
- Email Communication with specific date ranges
You have 14 days from the date you receive this letter to contact me and do one of the following:
a. Withdraw part of your request b. make a revised request c. indicate that you do not wish to partially revise the request.
During this period, you are welcome to seek assistance to revise your request. If you revise your request in a way that adequately addresses the practical reason outlined above, we will recommence processing the partial scope of internal correspondence related to this decision.
Please note that 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.
You can contact me at [FOI consultant email address]
More information on how to revise your writing is available at: [link to FOI revision guidance]
OFFICIAL: SENSITIVE
OFFICIAL: SENSITIVE
Freedom of Information Section Complaints Management & FOI Branch General Counsel Division National Disability Insurance Agency GPO Box 700 CANBERRA ACT 2601
If you do not contact me within this period, that is by 28 February 2025, your FOI request will continue to be processed as per your original scope, which may entail a practical refusal for the documents specific to point Any correspondence between the NDIA and the Minister for the NDIS or other stakeholders regarding these changes. of your request.
Please do not hesitate to contact me if you have any questions.
Yours sincerely
redacted: s22
Beau (BJA068) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division
OFFICIAL: SENSITIVE
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