Freedom of Information request — Notification of Decision

Our reference: FOI 20/21-0797

GPO Box 700 Canberra ACT 2601 1800 800 110

27 July 2021 ndis.gov.au

Brian Cooper By email: foi+request-7351-16f18c7c@righttoknow.org.au

Dear Brian Cooper

Thank you for your correspondence of 28 May 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.

Scope of your request

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

“1 Why does the NDIA use the Modified Monash Method for reporting CaLD and Indigenous participant numbers? 2 I require a copy of all documents and or policies used to determine the reporting framework.”

On 22 June 2021, you agreed to grant the NDIA an additional 30 days to process your request for information, making the new due date for your request 28 July 2021.

Decision on access to documents

I am authorised to make decisions under the FOI Act. My decision on your request and the reasons for my decision are set out below.

Some of the information you requested was not available in a separate written document at the time of your request. However, we have been able to produce a document containing the information you have requested. I have therefore treated your request as if it were a request for access to this document in accordance with section 17 of the FOI Act.

I have identified two documents, which fall within the scope of your request.

The documents were identified by conducting searches of NDIA’s systems, using all reasonable search terms that could return documents relevant to your request, and consulting with relevant NDIA staff who could be expected to be able to create a document under section 17 of the FOI Act, which would satisfy the scope of your request.

I have decided to grant access to two documents in full.

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; and
consultation with relevant NDIA staff.

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

Ausilia Woodhead Assistant Director Parliamentary, Ministerial & FOI Branch Government Division

Attachment A

Schedule of Documents for FOI 20/21-0797

Document number	Page number	Description	Access Decision	Comments
1	1-64	National Disability Insurance Agency Rural and Remote Strategy 2016–2019	FULL ACCESS
2	65	Dated: February 2016 Response to FOI 20/21-797 – Information related to Modified Monash Model	FULL ACCESS	Document created under section 17 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:

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 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

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