If not delivered return to PO Box 7820 Canberra BC ACT 2610
24 October 2023
Our reference: LEX 76033
Renee
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sir / Madam,
Decision on your Freedom of Information Request
I refer to your request, dated and received by Services Australia on 17 September 2023 for
access under the Freedom of Information Act 1982 (the FOI Act) to the fol owing documents:
I am specifical y interested in obtaining any information, documents, and data
pertaining to the fol owing areas:
1. Inclusive Accessibility Measures: Any policies, guidelines, or initiatives
implemented to enhance accessibility for individuals with disabilities, including but not
limited to those with physical, sensory, cognitive, intel ectual, and psychosocial
disabilities.
2. Communication and Language, Inclusion and Accessibility: Information regarding
inclusive communication supports, inclusive language accessibility, and inclusive
accommodations provided to ALL individuals with disabilities, whether they are
nonverbal or have other unique ways of communicating, including neurodivergent and
autistic individuals who may require in-person communication.
3. Sensory-Appropriate Spaces: Details on the creation and maintenance of sensory-
appropriate spaces to accommodate neurodivergent individuals and those with
sensory sensitivities.
4. Face-to-Face Service Accessibility: Information on access to face-to-face services
for individuals who require in-person communication for accessibility purposes with
your agency.
5. Cognitive and Intel ectual Disabilities: Any measures taken to address the needs of
individuals with cognitive and intel ectual disabilities to ensure they can access and
benefit from your services.
6. Psychosocial Disabilities: Policies and practices related to the inclusion and
support of individuals with psychosocial disabilities to promote their participation in
your programs and services.
7. Accommodations: Details on accommodations that have been made for individuals
with disabilities to access your services effectively.
PAGE 1 OF 12
8. Targeted Measures for Direct Engagement: Details about any targeted measures
or initiatives undertaken to directly engage with individuals with disabilities (not just
organizations representing them) to assess their needs and preferences, as wel as
ways to provide them with opportunities to participate and provide feedback.
9. Accessibility Policies and Guidelines: Copies of internal accessibility policies,
guidelines, or procedures, as wel as any relevant training materials for staff and
service providers.
10. Internal Processes: Information on the internal processes and mechanisms in
place to monitor and improve accessibility, including any data or reports related to
accessibility outcomes.
My decision
I have decided to refuse your request under section 24(1) of the FOI Act because a 'practical
refusal reason' stil exists under section 24AA of the FOI Act. I am satisfied under
section 24AA(1)(b) that your request does not provide sufficient information to enable
Services Australia to identify the documents you are seeking, as required by section 15(2)(b)
of the FOI Act.
The reasons for my decision, including the relevant sections of the FOI Act, are set out in
Attachment A.
You can ask for a review of our decision
If you disagree with the decision you can ask for a review. There are two ways you can do
this. You can ask for an internal review from within the Agency, or an external review by the
Office of the Australian Information Commissioner. You do not have to pay for reviews of
decisions. See Attachment B for more information about how to arrange a review.
Further assistance
If you have any questions please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely,
Elizabeth
FOI Practitioner
Freedom of Information Team
FOI and Ombudsman | Legal Services Division
Services Australia
PAGE 2 OF 12
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment A
REASONS FOR DECISION
What you requested
I am specifical y interested in obtaining any information, documents, and data
pertaining to the fol owing areas:
1. Inclusive Accessibility Measures: Any policies, guidelines, or initiatives
implemented to enhance accessibility for individuals with disabilities, including but not
limited to those with physical, sensory, cognitive, intel ectual, and psychosocial
disabilities.
2. Communication and Language, Inclusion and Accessibility: Information regarding
inclusive communication supports, inclusive language accessibility, and inclusive
accommodations provided to ALL individuals with disabilities, whether they are
nonverbal or have other unique ways of communicating, including neurodivergent and
autistic individuals who may require in-person communication.
3. Sensory-Appropriate Spaces: Details on the creation and maintenance of sensory-
appropriate spaces to accommodate neurodivergent individuals and those with
sensory sensitivities.
4. Face-to-Face Service Accessibility: Information on access to face-to-face services
for individuals who require in-person communication for accessibility purposes with
your agency.
5. Cognitive and Intel ectual Disabilities: Any measures taken to address the needs of
individuals with cognitive and intel ectual disabilities to ensure they can access and
benefit from your services.
6. Psychosocial Disabilities: Policies and practices related to the inclusion and
support of individuals with psychosocial disabilities to promote their participation in
your programs and services.
7. Accommodations: Details on accommodations that have been made for individuals
with disabilities to access your services effectively.
8. Targeted Measures for Direct Engagement: Details about any targeted measures
or initiatives undertaken to directly engage with individuals with disabilities (not just
organizations representing them) to assess their needs and preferences, as wel as
ways to provide them with opportunities to participate and provide feedback.
9. Accessibility Policies and Guidelines: Copies of internal accessibility policies,
guidelines, or procedures, as wel as any relevant training materials for staff and
service providers.
10. Internal Processes: Information on the internal processes and mechanisms in
place to monitor and improve accessibility, including any data or reports related to
accessibility outcomes.
PAGE 3 OF 12
Request consultation process
On 22 September 2023, I wrote to you providing a notice of intention to refuse your request
under section 24AB(2) of the FOI Act as your request did not clearly identify the documents
you were seeking access to. I gave you an opportunity to consult with the Agency to revise
your request so as to remove the practical refusal reason. Specifical y, the Agency
suggested that the information you are seeking may be publicly available, and if not, that you
revise your request to remove ambiguous terms such as “information” and “data” and provide
the Agency with a date range.
On 24 September 2023 you responded to my letter and advised that you disagreed that your
request did not sufficiently identify the documents you were seeking. Specifical y, you stated:
I am writing in response to your letter dated September 22, 2023, regarding my
Freedom of Information (FOI) request. While I appreciate your feedback, I would like
to rebut the claim that my request is too broad and does not sufficiently identify
specific documents.
My request is comprehensive, covering ten different areas related to accessibility and
inclusivity for people with disabilities. These areas are clearly defined and range from
policies and guidelines to internal processes for monitoring accessibility. Each point in
my request aims to gather information on a specific aspect of accessibility, making it
both focused and exhaustive.
I understand the concern about the request being broad, but this breadth is
intentional. From what I can gather, there seems to be limited information available
on the agency's efforts in these areas. Therefore, a broad request is necessary to
capture any and al relevant information, which may be scattered across various
types of documents and departments.
Given the subject matter—accessibility and inclusivity for people with disabilities—I
consider this request to be of high importance and urgency. The information sought is
not just for my benefit but has broader implications for ensuring that the agency's
services are accessible to al .
I kindly request that you reconsider the classification of my FOI request as being too
broad or lacking specificity. I believe the request is both specific and clear in what
information and data I am seeking. I have kept it broad to ensure that no relevant
information is omitted, given the importance and urgency of the topic.
Thank you for your attention to this matter. I look forward to your prompt response.
On 25 September 2023, I responded to your email and directed you to the advice provided in
the letter dated 22 September 2023. Specifical y, I stated:
I understand your concerns, however as your request currently stands, parts are
unclear and too broad for us to process.
Please consider revising your request, so a ‘practical refusal reason’ no longer exists
and we are able to process it. Under the FOI Act, the practical refusal reason is your
request does not satisfy the requirements in section 15(2)(b) of the FOI Act
(identification of documents). If a practical refusal reason exists as we cannot
sufficiently identify the documents, your request wil be refused.
PAGE 4 OF 12
If you do choose to revise your request, you may wish to take note of the further
assistance set out on page 7 of my letter to you, dated 22 September 2023.
Alternatively, you may wish to proceed with the scope I proposed in that same letter. I
believe the proposed scope would cover the documents you requested, in terms that
enable us to process it.
Please advise by 6 October 2023, if you intend to revise your request so we may
begin processing.
On 25 September 2023, you responded to my email and revised your request. Your revised
request was:
I want access to al documents and information, dating back to 2016, related to:
Inclusive Accessibility Measures for ALL types of disabilities, including but not limited
to neurodevelopmental disabilities and autism.
Communication, Language, Inclusion, and Accessibility Sensory-Appropriate Spaces
Face-to-Face Service Accessibility Cognitive and Intel ectual Disabilities Psychosocial
Disabilities Accommodations Targeted Measures for Direct Engagement with
disabled individuals, not just organizations claiming to represent them.
Accessibility Policies and Guidelines
Internal Processes for monitoring and improving accessibility
On 26 September 2023, I wrote to you again, providing a notice of intention to refuse your
request under section 24AB(2) of the FOI Act as your request did not clearly identify the
documents you were seeking access to. I gave you an opportunity to consult with the Agency
to revise your request so as to remove the practical refusal reason. Specifical y, the Agency
suggested you remove ambiguous terms such as ‘information’ and ‘al documents’.
On 30 September 2023, you responded to my letter and advised that you disagreed that your
request was too broad for us to process. Specifical y, you stated:
I am writing in response to your letter dated 26th September, which suggests that my
Freedom of Information (FOI) request is too broad and does not sufficiently identify
the documents I require. I must respectful y disagree with this assessment for the
fol owing reasons:
Specificity, Clarity, and Conciseness
1. Unparal eled Specificity and Clarity: My request is segmented into ten distinct
areas, each with a clear focus. Within each segment, I have meticulously detailed the
types of documents, the nature of information, and even the time frame for which this
information is sought. This level of granularity eliminates any room for ambiguity.
2. Conciseness: Despite its comprehensive nature, my request is concise, focusing
only on essential aspects of accessibility and inclusivity. There is no extraneous or
irrelevant information, making it as streamlined as possible.
Legal and Ethical Obligations
3. Legal Obligations: As a public agency, you are bound by the Freedom of
Information Act 1982 to provide access to specific and wel -defined information. My
request is in ful compliance with these legal requirements.
4. Accountability and Transparency: I have made this request on a public platform,
thereby adding a layer of transparency and accountability to your agency's actions.
PAGE 5 OF 12
Importance of Subject Matter
5. Significance of the Topic: Given that the request pertains to the National Disability
Insurance Agency (NDIA), an organization that should be at the forefront of
accountability and inclusion, the documents and information I have requested are of
significant public interest.
I would appreciate it if you could specify which parts of my request you find too broad
and why. If the issue is resource constraints, I request that this be clearly
communicated. Failing to provide a satisfactory response not only undermines the
principles of transparency and accountability but also neglects the legal obligations
under the Freedom of Information Act 1982.
I look forward to your prompt reply within the stipulated 30-day response time as
mandated by the Freedom of Information Act 1982.
On 3 October 2023, I responded to your email and advised you that use of ambiguous terms
such as “information” and “al documents” meant that we could not sufficiently identify the
documents. Specifical y, I stated:
Thank you for your email, and I understand your concerns. I agree your request might
be in the public interest, which is why I want to ensure that it is clear enough for us to
process.
As per my letter, the part of your request for “information” and “al documents” means
your request is unable to be processed as we cannot sufficiently identify the
documents. Please specify which documents by using words like “policy” or
“guidelines” which would enable us to locate the documents.
The remainder of your request is clear, and once the generic words are removed, we
should be able to process your request.
Please be mindful that if you refuse to revise your request, I may refuse it as a
‘practical refusal’ reason would exist. The reason being that we cannot identify the
documents.
Considering the above, you may wish to revise the scope of your request to the
fol owing:
From 2016 to the date of my FOI request I seek policies or guidelines held by
Services Australia, relating to the fol owing:
1. Inclusive Accessibility Measures relating to disability, including but not
limited to neurodevelopmental disabilities and autism
2. Sensory-Appropriate Spaces in Customer Service Centres
3. Communication and Language Accessibility for customers
4. Face-to-Face service accessibility for cognitive and intel ectual disabilities,
and psychosocial disabilities
5. Accommodations and targeted measures for direct engagement with
disabled individuals directly, not through representative organisations
6. Internal processes for monitoring and improving accessibility.
Alternatively, you may wish to propose your own scope. If you choose to do this,
please be specific about the type of document you are seeking, and avoid wording
such as “information” and “al documents”.
PAGE 6 OF 12
Please advise by close of business 5 October 2023 if you agree to revise your
request.
On 3 October 2023 you responded to my email and advised that you disagreed that your
original request was too broad for us to process. Specifical y, you stated:
Thank you for your email. I acknowledge the deadline of 5 October 2023 for revising
my request and am responding within that timeframe. While I appreciate your effort to
assist in refining my request, I must respectful y disagree with the assertion that my
original request was not specific enough to identify the documents I am seeking.
Specificity, Clarity, and Comprehensive Identification 1. Unparal eled Specificity and
Clarity: My original request was segmented into distinct areas, each with a clear
focus. Within each segment, I meticulously detailed the types of documents and the
nature of information sought, along with a specific time frame. This level of granularity
should eliminate any room for ambiguity.
2. Comprehensive Identification of Document Types: To address your concern that
my request did not sufficiently identify the types of documents, I would like to clarify
that I am seeking any of the fol owing types of documents: policies, guidelines,
roadmaps, procedures, meeting minutes, emails, strategies, processes, inquiries,
reports, memos, briefs, presentations, spreadsheets, and any other official
documents that fal within the scope of my request.
Request for Clarification
3. Clarification on "Information" and "Documents": Could you please specify what it is
about the terms "information" and "documents" that you find too broad? I intended for
these terms to encompass anything that relates to the topics specified in my request.
Legal and Ethical Obligations
4. Legal Obligations: As a public agency, you are bound by the Freedom of
Information Act 1982 to provide access to specific and wel -defined information. My
request is in ful compliance with these legal requirements, as supported by Section
15(2)(b) and Section 24AA(1)(b) of the Act.
5. Accountability and Transparency: I have made this request on a public platform,
thereby adding a layer of transparency and accountability to your agency's actions.
6. Public Interest: The information I am seeking serves a broader public interest,
reinforcing the importance of transparency and accountability.
Next Steps and Record-Keeping
7. Next Steps: I expect a re-evaluation of my original request in light of this
clarification. I am open to further dialogue and can be reached at [alternative contact
information].
8. Record-Keeping: Please note that I am keeping records of al correspondence
related to this request for future reference.
Given the comprehensive nature of my original request and the additional clarification
provided here, I see no reason for a 'practical refusal' to apply. I look forward to your
prompt reply within the stipulated 30-day response time as mandated by the Freedom
of Information Act 1982.
PAGE 7 OF 12
What I took into account
In reaching my decision I took into account:
your original request dated 17 September 2023
your revised request dated 25 September 2023
other discussions and correspondence with you
consultations with Agency officers about:
o the nature of the requested documents, and
o the Agency's operating environment and functions
guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (the Guidelines), and
the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Fol owing the request consultation process outlined above, in accordance with section 24AB
of the FOI Act, I am satisfied that a practical refusal reason stil exists in that you have not
provided sufficient information to identify the requested documents. The reasons for my
decision are outlined below.
Practical refusal reason
Section 24AA of the FOI Act provides that a practical refusal reason exists in relation to a
request for a document if the request does not satisfy the requirement in section 15(2)(b) of
the FOI Act (identification of documents).
Section 15(2)(b) of the FOI Act provides that a valid FOI request must:
'provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it'.
Why your request does not satisfy the requirement in section 15(2)(b)
As advised, ambiguous terms such as “information” and “al documents” do not sufficiently
enable us to run meaningful searches, and therefore we are unable to process these types of
requests.
I note that on 3 October 2023, you provided an example of what you consider constitutes a
document. You stated that:
I would like to clarify that I am seeking any of the fol owing types of documents:
policies, guidelines, roadmaps, procedures, meeting minutes, emails, strategies,
processes, inquiries, reports, memos, briefs, presentations, spreadsheets, and any
other official documents that fal within the scope of my request.
As your request currently stands, it stil does not contain sufficient defined parameters to
enable searches to be undertaken. The reference to ‘meeting minutes’, ‘emails’, and
PAGE 8 OF 12
‘memos’, captures documents from al staff from the Agency. The Agency is a large
organisation that employs over 30,000 staff. Due to the size of the Agency, consisting of
many Divisions, Branches and Teams, we would need to identify the type and nature of the
document in order to search for and retrieve relevant documents. As such, currently we are
unable to identify the documents you are requesting.
Conclusion
In summary, I am satisfied that your request does not satisfy the requirement in
section 15(2)(b) of the FOI Act, in that it does not provide sufficient information to enable
Services Australia to identify the documents you are seeking.
I have found that a practical refusal reason exists in relation to your request for access to the
documents. Accordingly, I have decided to refuse your request under section 24(1) of the
FOI Act.
Further Information
A decision on this request has now been provided, however you are welcome to lodge
another request. If you do choose to lodge another request, you might like to consider the
fol owing information.
As stated, the Agency cannot process requests for ‘al documents’ or ‘al information’. FOI is
better utilised to target specific documents. You may do this by specifying which type of
document you are requesting or the specific title of a document. For example, guidelines or
reports. This wil enable us to process your request.
It is also assistive if you could provide a date range, or a further information about the subject
matter of the documents you are seeking. For example, targeting a specific disability,
customer payment or need.
Publicly available information
The Agency has many publicly available documents that define the organisations’
understanding of disability and directs the overal strategy to ensure al users can access and
benefit from the services provided. They have been provided to you below.
Operational Blueprints
Operational Blueprints are internal Agency documents which outline the Agency’s policies
and procedures.
Two Operational Blueprints have been identified as procedures to guide Agency employees
when interacting with customers with disabilities. These documents are publicly available and
can be found at the fol owing links:
Identifying customer vulnerability and risk issues 003-06010030
https://operational.servicesaustralia.gov.au/public/Pages/help-in-an-emergency/003-
06010030-01.html
Providing services to customers with disabilities 008-01030000
https://operational.servicesaustralia.gov.au/public/Pages/people-with-disability/008-
01030000-03.html
PAGE 9 OF 12
Website
As a Federal Government Agency, our values are underpinned by the Australian Disability
Strategy 2021-2023. More information on this can be found on our website at the fol owing
link:
https://www.servicesaustralia.gov.au/protocol-for-engaging-people-with- disability?context=1
Disclosure Log
The FOI Disclosure Log lists Agency information that has been released in response to
historical FOI requests. On 12 April 2023, we released ‘Our Vulnerability Strategy- July 2021’
under FOI. This strategy outlines how the Agency supports our vulnerable customers. You
may request a copy of the strategy by emailing
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx,au and requesting the disclosure log documents
in relation to LEX 72499.
PAGE 10 OF 12
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a freedom of information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We wil explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of an FOI decision
If you stil believe a decision is incorrect, the Freedom of Information Act 1982 (FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1. an Internal Review Officer in the Agency; and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the Agency delegate who made
the original decision wil carry out the review. The Internal Review Officer wil consider al
aspects of the original decision and decide whether it should change. An application for
internal review must be:
made in writing
made within 30 days of receiving this letter
sent to the address at the top of the first page of this letter or by email to
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Note 2: You do not need to fil in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the Agency within 30 days
of applying, you can ask the Australian Information Commissioner for a review of the original
FOI decision.
You wil have 60 days to apply in writing for a review by the Australian Information
Commissioner.
PAGE 11 OF 12
You can lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner general y prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
If you are applying online, the application form the 'FOI Review Form' is available at
www.oaic.gov.au.
If you have one, you should include with your application a copy of the Agency's
decision on your FOI request
Include your contact details
Set out your reasons for objecting to the Agency's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by
an agency in the exercise of powers or the performance of functions under the FOI Act,
There is no fee for making a complaint. A complaint to the Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:
Telephone: 1300 363 992
Website: www.oaic.gov.au
Commonwealth Ombudsman
You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth Ombudsman's contact
details are:
Phone: 1300 362 072
Website: www.ombudsman.gov.au
The Commonwealth Ombudsman general y prefers applicants to seek review before
complaining about a decision.
PAGE 12 OF 12
