NDIA Accountability Project

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Freedom of Information request - Notification of Decision

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Freedom of Information request - Notification of Decision

Thank you for your correspondence of 6 September 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).

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 requested access to the following documents:

“….I am seeking copies of correspondence/phone call logs, emails relating to how to manage ME/CFS between July 2023 to September 2024…”

On 26 December 2024, you revised the scope of your request to the following:

“…information/correspondence between the NDIA and other parties (e.g. NDIA planners. the NDIA TAB. external advisors e.g. researchers, medical personal, allied health personal etc.) on how to manage ME/CFS that is dated/received/written between July 2023 to 6 September 2024.”

Internal Consultation

Based on the revised scope, I initiated a search for documents within the following NDIA business areas:

  • Policy and Practice Leadership

At the conclusion of my searches, senior staff in the aforementioned business areas advised that the NDIA does not provide medical advice on ‘how to manage’ particular conditions. The business areas also highlighted that further specification, and limits are required for terms mentioned in your scope.

Request Consultation

On 5 May 2025, I sent you an email with a letter initiating a consultation process under section 24AB of the FOI Act. In my letter I advised you that I intended to refuse access to your request on the grounds that your request does not satisfy the requirement in section 15(2)(b) of the FOI Act, which requires an FOI applicant to provide such information concerning the document/s they are seeking access to, to enable the Agency to be able to identify them. My letter, which I have attached separately from this decision notice, detailed the reasons for my view.

To date, I have not received a response from you and have continued to process your request based on your original scope.

Timeframe

The FOI Act provides 30 calendar days for the processing of an FOI request after it is received. As your valid FOI request was received on 6 September 2024, the original due date for your FOI request was 7 October 2024.

I acknowledge that this time has lapsed and as a result we are deemed to have refused your request under section 15AC of the FOI Act. The effect of this is that you do not have a right seek an internal review of my decision. However, I confirm that you retain your right to seek external review by the Office of the Australian Information Commissioner (OAIC).

I note that despite this, I have continued processing your request and I extend my apologies for the delay in providing you with a decision on access.

Decision on access to documents

Taking into consideration that you have not responded to the consultation process, I have decided to refuse your request pursuant to section 24(1)(b) of the FOI Act on the grounds that a practical refusal reason exists as per 24AA(1)(b).

I made this decision as a delegated decision maker under section 23(1) of the FOI Act.

Reasons for decision

A detailed statement of reasons for my decision can be found at Attachment A.

Rights of review

Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment B.

If you have any enquiries about this matter, please contact me by email at foi@ndis.gov.au.

Yours sincerely,

Wendy (WNN633) Senior Freedom of Information Officer Information Release, Privacy and Legal Operations Branch Reviews and Information Release Division

Attachment A

Statement of Reasons

FOI Application 24/25-0303

Practical refusal reason

Relevant law – s24AA

A practical refusal reason exists in relation to a request for documents if the request does not satisfy the requirement in paragraph 15(2)(b) (identification of documents).

Upon receipt of your Freedom of Information request, I noted that further clarity was required from you regarding the scope of your request. On 11 November 2024, I emailed you to confirm the type of documents you were seeking for this request and sought your agreement to a proposed scope which would encompass the documents you were seeking.

On 26 December 2024, you responded to my email and opted to revise the scope of your request to the following:

…information/correspondence between the NDIA and other parties (e.g. NDIA planners, the NDIA TAB, external advisors e.g. researchers, medical personal, allied health personal etc.) on how to manage ME/CFS that is dated/received/written between July 2023 to 6 September 2024.

Request Consultation On 5 May 2025, I wrote to you advising that, based on the scope of your request and advice from senior staff within the Policy and Practice Leadership, your request required further clarification. The scope was considered too broad to conduct effective document searches, and as such, a practical refusal reason was identified under the FOI Act.

I also advised, in circumstances where an Agency is considering a practical refusal, it is required to undertake a request consultation process under section 24AB of the FOI Act. I invited you to do one of the following things within the 14-day consultation period:

  • withdraw your request;
  • make a revised request; or
  • indicate that you do not wish to revise the request (in which case the current scope of your request will stand).

During this period, I advised that you were welcome to seek assistance in revising your request, in a way that adequately addresses the practical refusal reason outlined above.

I confirm, to date, I have not received a response from you during the consultation process, and I am satisfied that a practical refusal reason still exists. I therefore refuse your request on the basis of a ‘practical refusal reason’ under section 24(1)(b) of the FOI Act.

1 24AA(1)(b) 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
    • Information Release, Privacy and Legal Operations Branch
      • Reviews and Information Release 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 review within 60 days of receiving this letter.

You can apply to the OAIC for review 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 the NDIA took in relation to your request. The Ombudsman will consult with the OAIC before investigating a complaint about the handling of an FOI request.

You can make a complaint to the OAIC using the contact details identified above, or to the Ombudsman by:

* Phone: 1300 362 072 (local call charge)
* Email: ombudsman@ombudsman.gov.au

Your complaint should set out the grounds on which you consider the OAIC or the Ombudsman should investigate the NDIA’s handling of your FOI request.