NDIA Accountability Project

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NDIS correspondence: Request Consultation - FOI 24/25-0515

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OFFICIAL: SENSITIVE

Our reference: FOI 24/25-0515

12 December 2024

Emily Lacey

By email: foi+request-12162-0f04077f@righttoknow.org.au

Dear Emily Lacey

Freedom of Information request — Request consultation process

Thank you for your correspondence of 12 October 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:

“1. A copy of all internal NDIA "intranet" pages regarding the Technical Advisory Branch (TAB).

2. All documents providing NDIA staff guidance on how to request advice from the TAB.

3. All documents regarding “mandatory referral” to the TAB.

4. All “TAB checklist” documents.

5. All TAB referral/request submission templates and forms.

6. All TAB advice/report templates and forms.”

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 your request in its current form would substantially and unreasonably divert the resources of the NDIA from its other operations due to its size and broad scope. This is called a ‘practical refusal reason’ under section 24AA of the FOI Act.

On this basis, I intend to refuse your request. However, before I make a final decision, I am writing to provide you with an opportunity to revise 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.

Delivered by the National Disability Insurance Agency

OFFICIAL: SENSITIVE

Why I intend to refuse your request

I have initiated a preliminary consultation with the Technical Advisory Branch (TAB) who are the custodians of the documents you seek access to. They have advised that the potential for broadness and quantity of documents within scope of your request is mostly related to the first three points:

  • **1. A copy of all internal NDIA

OFFICIAL: SENSITIVE

To reduce the scope of your request, you might like to consider the proposed rescope below:

  1. A copy of the 11 main internal NDIA “intranet” pages regarding the Technical Advisory Branch (TAB).
  2. Knowledge Article titled Create a Technical Advice Case and Intranet content on Requesting Advice page
  3. Mandatory Advice Requests content on Intranet Page, including any linked intranet pages
  4. TAB Checklists on Intranet page
  5. TAB referral/request submission templates and forms.
  6. TAB advice/report templates and forms.

You have 14 days from the date you receive this letter to contact me and do one of the following: a. withdraw your request b. make a revised request c. indicate that you do not wish to revise the request.

If you do not do one of the three things listed above during the consultation period, your request will be processed on the basis of the current scope, and it is likely to be refused on the basis that processing it would represent a substantial and unreasonable diversion of the Agency’s resources.

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 refusal reason outlined above, we will recommence processing it.

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 by email at foi@ndis.gov.au.

Alternatively, you can reply in writing to the following address:

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 18 December 2024, your FOI request will be taken to have been withdrawn under subsection 24AB(7) and will not be dealt with any further.

OFFICIAL: SENSITIVE

Please do not hesitate to contact me if you have any questions.

Yours sincerely

Kate (KIM 627) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division