Freedom of Information request — Notification of Decision

Thank you for your correspondence of 30 September 2024, 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

You have requested access to the following documents:

“…Specifically, I'm seeking access to these documents from the list of the TAB's research documents (as mentioned on the NDIS disclosure log ~ FOI reference number 23/24-1189):

– Early intervention for agoraphobia, anxiety or schizoaffective disorder

– Eating Disorder Program (Exercise Physiology, Bulimia and Anorexia Nervosa)

– Treatment of Somatic Symptom Disorder

– Paediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal infections

– Childhood speech apraxia

– Cystic Fibrosis in Children

– Arthogryposis Multiplex Congenita

– Duchenne Muscular Dystrophy

– Russell Silver Syndrome

– Antley-Bixler Syndrome & Persistent Depressive Disorder

– Down Syndrome and Sleep Apnoea

– Delayed sleep phase disorder

– Persistant Postural Perception Disorder

– New daily persistent headache

– Therapy to manage dementia

– Epilepsy and seizure monitoring - take 2

• Corticobasal syndrome
• Lupus Treatments
• Lyme Disease
• Multiple chemical sensitivity
• Congestive Heart Failure
• Evidence Based Treatments for Osteoporosis
• Evidence Based Treatments for Degenerative Lumbar Disc Disease
• Evidence Based Treatments for Deep Vein Thrombosis / Pulmonary Embolism
• Evidence Based Treatments for Bursitis
• Obesity
• Weight Management Interventions
• Correlation between weight loss and pain, and contraindications of bariatric surgery
• Definition early intervention…

Disclosure log A copy of the following documents have been previously released via the freedom of information disclosure log and have therefore been provided to you as an administrative release.

 - Early intervention for agoraphobia, anxiety or schizoaffective disorder
 - Childhood speech apraxia
 - Delayed sleep phase disorder
 - Epilepsy and seizure monitoring - take 2
 - Multiple chemical sensitivity
 - Evidence Based Treatments for Osteoporosis
 - Evidence Based Treatments for Degenerative Lumbar Disc Disease
 - Evidence Based Treatments for Deep Vein Thrombosis / Pulmonary Embolism
 - Evidence Based Treatments for Bursitis
 - Weight Management Interventions
 - Definition early intervention

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 18 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 18 documents in part.

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

• 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.

Access to edited copies with exempt or irrelevant material deleted (section 22) I have decided that Document 6 and 12 contains material that is exempt from disclosure under the FOI Act.

I have also identified that all 18 Documents contain material that is irrelevant to your request. The irrelevant material relates to names and contact details of NDIA staff.

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

Reasons for decision Personal privacy (section 47F) Section 47F of the FOI Act conditionally exempts a document if its disclosure would involve the unreasonable disclosure of personal information about any person (including a deceased person).

I have identified material in the documents falling within scope of your request which contains personal information of a third party / third parties.

Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents would involve unreasonable disclosure of personal information, regard must be had to: a. the extent to which the information is well known; b. whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the document; c. the availability of the information from publicly accessible sources; and d. any other matters that the agency considers relevant.

Against these criteria, I take the view that: a. it is apparent from the information that an individual is identifiable; and b. the information referred to above is not readily available from publicly accessible sources.

With reference to the assessment above, it would be unreasonable to disclose publicly this personal information and is therefore conditionally exempt under section 47F(1) of the FOI Act.

Public interest considerations – section 47F Section 11A(5) of the FOI Act provides that access to a document covered by a conditional exemption must be provided unless disclosure would be contrary to the public interest.

I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI Act in making this decision.

In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI Act, and I have determined that disclosure of the relevant information in Documents 6 and

Against disclosure

Against disclosure, I consider that disclosure of the relevant information in Documents 6 and 12:

• would not contribute to the publication of information of sufficient public interest to justify the likely harm caused by release
• would not enhance Australia’s representative democracy in the ways described in section 11B(3) of the FOI Act
• 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 47F of the FOI Act, the harm that would result from disclosure is that it could reasonably be expected to:

• affect an individual’s right to privacy by having their personal information in the public domain

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. Accordingly, I have decided that the relevant information in Documents 6 and 12 is exempt under section 47F of the FOI Act.

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, Cooper (CHH674) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division

Attachment B

Your review rights

As this matter was a deemed refusal, internal review of this decision is not an option. However, if you have concern with any aspect of this decision, please contact the NDIA FOI team by email foi@ndis.gov.au or by post:

• Freedom of Information Section
• Complaints Management & FOI Branch
• General Counsel Division
• National Disability Insurance Agency GPO Box 700 CANBERRA ACT 2601

Review by the Office of the Australian Information Commissioner

The FOI Act 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.