Freedom of Information request — Notification of Decision

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Our reference: FOI 21/22-0050

                                                        GPO Box 700
                                                                                 Canberra ACT 2601
                                                                            1800 800 110

                                                                                           ndis.gov.au

23 August 2021

Shirley By email: foi+request-7595-3b0c6b31@righttoknow.org.au

Dear Shirley

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 16 July 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:

“…a copy of the NDIA’s FOI Department’s Job Descriptions and required qualifications. That is, the generic (non person specific) position and job description of each level (APS 1- SES 2) of FOI roles within the NDIA’s FOI Department. Additionally, the mandated qualifications and experience required for each role. For example, university degree, Cert IV in Government Investigations, etc.”

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.

I have identified 9 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 identify documents within the scope of the request.

I have decided to grant access to 9 documents in full.

I note that the job descriptions do not mandate specific qualifications or experience required for each role. The NDIA follows recruitment practices consistent with other Commonwealth entities. Candidates are selected based on merit and, as is normal in recruitment processes, qualifications and previous experience are considered when making hiring decisions.

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;

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 the FOI Guidelines;  relevant case law concerning the operation of the FOI Act;  consultation with relevant NDIA staff; and  factors relevant to my assessment of whether or not disclosure would be in the public interest.

Release of documents The documents for release, as referred to in the Schedule of Documents at Attachment A, are 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 21/22-0050

Document number Page number Description Access Decision Comments
1 1-3 APS4 Freedom of Information Officer (Labour Hire) FULL ACCESS
2 4-6 APS4 Freedom of Information Officer FULL ACCESS
3 7-9 APS5 Freedom of Information Officer (Labour Hire) FULL ACCESS
4 10-12 APS5 Freedom of Information Officer FULL ACCESS
5 13-15 APS6 Freedom of Information Officer (Labour Hire) FULL ACCESS
6 16-19 APS6 Freedom of Information Officer FULL ACCESS
7 20-22 EL1 Freedom of Information Officer (Labour Hire) FULL ACCESS
8 23-26 EL1 Freedom of Information Officer FULL ACCESS
9 27-29 Director - Freedom of Information & Privacy FULL ACCESS
10 30-34 BM Ministerial Parliamentary and FOI FULL ACCESS

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