NDIA Accountability Project

This project is in DRAFT

Freedom of Information request — Notification of Decision

‹ PrevPage 1 of 5 · Source p. 1Next ›

Our reference: FOI 21/22-0584

                                                        GPO Box 700
                                                                                 Canberra ACT 2601
                                                                            1800 800 110

20 January 2022 ndis.gov.au

Janus By email: foi+request-8142-8f085da1@righttoknow.org.au

Dear Janus

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 28 November 2021, in which you requested 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.

I sincerely apologise for the delay in providing you a decision on access.

Scope of your request

You have requested access to documents about the National Disability Insurance Scheme (NDIS). Specifically, you requested access to:

“NDIA’s Financial Delegations. Including a copy of the current Accountable Authority Instructions (AAI).”

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 one document which falls within the scope of your request.

The document was identified by conducting searches of NDIA’s systems, using all easonable 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 one document in part.

In reaching my decision, I took into account the following materials:  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.

                                                                                     1

Access to edited copies with exempt or irrelevant material deleted (section 22)

I have identified that the document falling within the scope of your request contains material that is irrelevant to your request. The irrelevant material relates to information which is not relevant to the subject matter of your request.

In accordance with section 22 of the FOI Act, I have considered whether it is possible to delete the irrelevant material from the document and have concluded that it is reasonably practicable to do so. Accordingly, I have prepared an edited copy of the document with the irrelevant material removed.

Reasons for decision

Certain operations of agencies (section 47E(d))

Section 47E(d) of the FOI Act conditionally exempts a document if its disclosure would, or could reasonably be expected to, have a substantial adverse effect on the proper and efficient conduct of the operations of an agency.

The document within the scope of your request contains information relating to certain operations of the NDIA. Specifically, internal points of contact, for use only by NDIA staff when seeking advice from other business areas within the Agency.

Disclosing such internal contact emails may jeopardise the use of single points of contact used by NDIA in their work. I am satisfied that there is a reasonable likelihood of aggrieved members of the public seeking to gain advantage over others by using internal points of contact in place of the appropriate points of contact. Therefore, I am of the view that the release of this information could, or would reasonably have an adverse effect on the proper and efficient conduct of the operations of the Agency, including the Agency’s ability to conduct its operations in a timely and efficient way; and is therefore exempt from release under section 47E(d).

Public interest considerations – section 47E(d)

Under the FOI Act, access to a document covered by a conditional exemption must be provided unless disclosure would be contrary to the public interest.

After considering the public interest factors outlined in section 11B(3) of the FOI Act, I have determined that disclosure of the material identified as subject to conditional exemptions would provide access to information relating to the applicant. However, I have considered that:

  • disclosure of the information would not contribute to the publication of information of sufficient public interest to justify the likely harm caused by release
  • disclosure of the information would not enhance Australia’s representative democracy in the ways described in section 11B(3) of the FOI Act
  • disclosure of the information would not inform any debate on a matter of public importance or promote oversight of public expenditure.

While there is limited public interest in the disclosure of information conditionally exempt under section 47E(d) the harm that would result from disclosure is that it could reasonably be expected to prejudice the NDIA’s ability to protect established contact points and procedures currently in place to assist employees in working in a timely and effective manner.

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.

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 foi@ndis.gov.au.

Yours sincerely

Peter Senior Freedom of Information Officer Parliamentary, Ministerial & FOI Branch Government Division

Attachment A

Schedule of Documents for FOI 21/22-0584

Document number Page number Description Access Decision Comments
1 1-15 Accountable Authority Instructions and Financial Authorisations Dated: September 2021 PARTIAL ACCESS
Exemption claimed: s47E(d) – certain operations of agencies		 Irrelevant material removed in accordance with section 22 of the FOI Act.

Attachment B

Your review rights

Internal Review

The FOI Act gives you the right to apply for an internal review of this decision. The review will be conducted by a different person to the person who made the original decision.

If you wish to seek an internal review of the decision, you must apply for the review, in writing, within 30 days of receipt of this letter.

No particular form is required for an application for internal review, but to assist the review process, you should clearly outline your grounds for review (that is, the reasons why you disagree with the decision). Applications for internal review can be lodged by email to foi@ndis.gov.au or sent by post to:

Freedom of Information Section Parliamentary, Ministerial & FOI Branch Government Division National Disability Insurance Agency GPO Box 700 CANBERRA ACT 2601

Review by the Office of the Australian Information Commissioner

The FOI Act also 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:

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:

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