Our reference: FOI 22/23-1638
GPO Box 700
Canberra ACT 2601
1800 800 110
1 August 2023
ndis.gov.au
Me
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Me
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 28 April 2023 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:
1. All 'operational guidelines', however so named, made pursuant to legislation
(including delegated etc.). For example, including but not limited to, an operational
guideline under NDIS (Becoming a Participant) Rules 2016 Part 7.2
2. Any/all internal guidelines, however so named, not covered by (1) above, that must
and/or can be considered and/or used, when assessing an application under the
NDIS Act s 24. This includes internal guidelines that relate to any part of the s 24
assessment and decision-making process, even if the guideline is only relevant to
that part of the assessment and decision-making process, rather than s 24 itself.
Expiration of time We have been experiencing processing delays and were not able to provide our decision to
you by the due date of 28 May 2023. Consequently, your application was regarded as a
deemed refusal under section 15AC of the FOI Act.
We have continued to process your application and this access decision is being released to
you after the due date. I sincerely apologise for the delay in processing and advise that in
the interests of not causing any further delays, I have decided not to apply for an extension
to the processing period from the Office of the Australian Information Commissioner (OAIC)
under section 15AC of the FOI Act.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act.
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
1
relevant case law concerning the operation 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.
Part 1- Operational Guidelines
In regard to Part 1 of your request, the NDIA Operational Guidelines can be found at the
publicly available website National Disability Insurance Scheme Operational Guidelines
Part 2: Internal Guidelines (section 24)
Regarding Part 2
of your request, 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.
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 am satisfied that
the document 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.
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.
The relevant line areas have advised that there is no additional internal guidelines, policies
or procedures for consideration when assessing and application under section 24 of the
NDIS Act. These guidelines can be found at the following website: Applying to the NDIS |
Disability Requirements.
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 A.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at xxx@xxxx.xxx.xx.
Yours sincerely
Jade Senior Freedom of Information Officer
Parliamentary, Ministerial & FOI Branch
Government Division
2
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
xxx@xxxx.xxx.xx 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:
xxxxxxxxx@xxxx.xxx.xx
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:
xxxxxxxxx@xxxxxxxxx.xxx.xx
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
1
