FOI ref: 2023/0157
14 August 2023
John Smith
Email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear John Smith,
Notice of Decision for Freedom of Information Request no. 2023/0157
The purpose of this letter is to give you a decision about access to documents that you
have requested under the
Freedom of Information Act 1982 (
FOI Act).
Summary
I am an of icer authorised under s 23(1) of the FOI Act to make decisions in relation to
FOI requests.
You lodged an FOI request on 26 July 2023 for access to
“…statistical information about
your caseload relating to autism (including Asperger's) and the outcomes of those cases
compared to other NDIS cases”. Within your request you specified the format under
which you wished to receive the requested information and provided a link to the
Administrative Appeals Tribunal (AAT) Caseload Report for the period 1 July 2022 to 31
May 2023, available via the AAT’s website.
You stated that you wished the statistical data to be presented to you using the same
methodology as the AAT Caseload Report, but with a breakdown of the National
Disability Insurance Scheme (NDIS) data by condition, notably where that was Autism
(including Asperger’s) or Other.
Decision
I have considered your request with reference to section 17(1) of the FOI Act. Section
17 provides that an agency can deal with a request for information that is not available in
a discrete form in a writ en document if the agency can produce the document through
use of a computer or other equipment that is ordinarily available to it. However, under
subsection 17(2), an agency is not required to comply with subsection 17(1) if doing so
would substantially and unreasonably divert the resources of the agency from its other
operations.
I have consulted our Strategy and Reporting section requesting their assistance in
generating a Caseload Report which breaks down the NDIS caseload according to an
applicant’s condition. They have advised that the AAT is unable to produce the
requested statistics using existing reporting tools as our system does not have the
Level 6, 83 Clarence Street
T: 02 9276 5000 or 1800 228 333
National Relay Service
SYDNEY NSW 2000
F: 02 9276 5599
www.relayservice.gov.au
GPO Box 9955 Sydney NSW 2001
E: xxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
functionality to provide the specifics that you require. That is, there is no data field for
condition type in the AAT’s electronic case management system which would allow the
data to be drawn from the system and isolated. In order to extract this data, significant
amendments would have to be made to the case management system and then manual
entry would be required to enter the condition type and a bespoke report would have to
be coded to generate that information.
Based on this, I am satisfied that the AAT could not produce the information you have
requested using computer systems available to it, and that the work required to fulfil the
request would substantial y and unreasonably divert AAT resources from its normal
operations.
Section 24A of the FOI Act provides that a request can be refused if a document does
not exist. Following the advice from the Strategy and Reporting section I am satisfied
that the documents you have requested do not exist in discrete form, and we are not
required to comply with your request under section 17(2) of the FOI Act because doing
so would substantially and unreasonably divert resources from the AAT’s normal
operations. I therefore refuse your request under section 24A of the FOI Act.
Your review rights
Information about how you can apply for a review of this decision or complain about how
we have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions about this decision, please contact me a
t xxx@xxx.xxx.xx.
Yours sincerely,
Marta M
Authorised FOI Of icer (APS 6)
Attachments
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the
Office of the Australian Information Commissioner?
Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI
decision. It is often possible to resolve concerns or answer your questions using this
approach and, if not, the officer wil be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for
internal review must be made within 30 days or such further period as we allow, after the
day the decision is notified to you. To apply for an internal review you must do so in
writing. You may also wish to explain why you are not satisfied with the decision. A
different and more senior officer authorised under the
Freedom of Information Act 1982
(the FOI Act) wil conduct the internal review and make a new decision within 30 days
after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you wil need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the
FOI decision. The application for review must be made within 60 days after the day
notice of the decision was given. An application for review must be in writing, include
details of how notices in relation to the review are to be sent to you and include a copy
of the decision. You may also wish to explain why you are not satisfied with the decision.
An online application form is available on the Of ice of the Australian Information
Commissioner’s website, details of which are provided below.
What if I want to make a complaint about the handling of a Freedom of
Information request?
If you have a complaint about the way in which we have processed your request for
access under the FOI Act you can ask the Australian Information Commissioner to
investigate. An online complaint form is available on the Office of the Australian
Information Commissioner’s website, details of which are provided below.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Of ice of the Australian Information
Commissioner’s website at
www.oaic.gov.au and you can contact the office on 1300 363
992 or by email at
xxxxxxxxx@xxxx.xxx.xx..
FOI 2 (July 2016)
Document Outline
