NDIA Accountability Project

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Freedom of Information request — Notification of Decision

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Our reference: FOI 21/22-1589

GPO Box 700 Canberra ACT 2601 1800 800 110 dis.gov.au

11 July 2022

Imogen By email: foi+request-8901-320ca2c5@righttoknow.org.au

Dear Imogen

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 15 May 2022, in which you requested access to documents held by the National Disability Insurance Agency (NDIA), under the Freedom of Information Act 1982 (FOI Act).

The purpose of this letter is to provide you with a decision on your request.

Scope of your request

Please provide the following information under the Freedom of Information Act:

  • The date algorithms began being used by the NDIA to assess participants’ NDIS plan funding.
  • The document that lays out the ethics framework for the use of algorithms in assessing participants’ NDIS plan funding. (If there have been multiple official versions of this document, please provide me with all of them, with the date of their creation clearly marked.)

Please note, if such a document does not exist, please do not create one under section 16 of the FOI Act. Instead, please confirm that an ethical framework does not exist.

Extension of time On 1 June 2022, you agreed to a 14-day extension of time under section 15AA of the FOI Act, making 29 June 2022 the new date to provide you with a decision on access.

I apologise for the delay in providing you with a decision.

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 decided to refuse your request for access under section 24A of the FOI Act. The reasons for my decision are set out below.

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

  • your correspondence outlining the scope of your request

  • the FOI Act

  • the FOI Guidelines published under section 93A of the FOI Act

  • consultation with relevant officers of the NDIA

  • the NDIA’s operating environment and functions.

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Reasons for decision

Refuse a request for access (section 24A) Section 24A of the FOI Act provides that an agency may refuse a request for access to a document if all reasonable steps have been taken to find the document and the agency is satisfied that the document cannot be found or does not exist.

I have conducted searches of the NDIA’s documents management systems and made enquiries with NDIA staff. These enquiries have revealed that the NDIA is not in possession of documents matching the scope of your request. This is because the NDIA do not use algorithms to assess plan funding.

I am satisfied that all reasonable steps have been taken to locate the documents you have requested and that the documents do not exist. I have, therefore, decided to refuse access to your request in accordance with section 24A(1)(b)(ii) of the FOI Act.

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

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

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Attachment A

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

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