Our reference: FOI 24/25-0332
GPO Box 700
Canberra ACT 2601
1800 800 110
9 May 2025
ndis.gov.au
Bob Buckley
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Bob Buckley
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 11 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
Stage 2 of your request.
We sincerely apologise for the significant delay in providing this decision on access.
Scope of your request – Stage 2
You have requested access to the following documents:
“…
all information held by the NDIA relating to the National Autism Strategy including,
but not limited to:…
1. communication with and information provided to the National Autism Strategy
Oversight/Committee/Council and/or its working groups,
2. communication with and information provided to staff or officials in the Department
of Social Security,
3. information given to politicians or parliamentary officials, …”
Extension of time
On 27 September 2024, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 11 November 2024 the new date to provide you with a decision on access.
access.
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On 20 November 2024, the Office of the Australia Information Commissioner (OAIC) granted
us a 30-day extension of time under section 15AB of the FOI Act, making 10 December
2024 the new date to provide you with a decision on access.
I sincerely apologise for the delay in releasing Stage 2 of this decision to you. We have been
experiencing processing delays and were not able to provide you with our decision by the
due date. Consequently, we are deemed to have refused your application under section
15AC of the FOI Act. Therefore, internal review of this decision is not an option. However,
your right to apply for an external review with the Office of the Australian Information
Commissioner remains protected. Please see
Attachment B for more information about
your rights of review.
Addressing your request
On 2 November 2024, you agreed to us processing your request in two parts.
On 9 December 2024, we emailed you requesting that you withdraw parts of the scope
related to Stage 2 and consider processing these parts as a new FOI request. However, on
the same day, we received your email response declining this request. Consequently, we
have continued to process this request in two stages.
I note that on 12 December 2024, we provided you with the decision and documents
pertaining to the scope of Stage 1, which addressed the following parts of your request:
“…all information held by the NDIA relating to the National Autism Strategy including,
but not limited to: …
4. information and records held within the NDIA, and
5. relevant information received by the NDIA...”
I note that parts 1 and 2 of Stage 2 of your request seek access to the following:
“…all information held by the NDIA relating to the National Autism Strategy including,
but not limited to:
1. communication with and information provided to the National Autism Strategy
Oversight/Committee/Council and/or its working groups,
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2. communication with and information provided to staff or officials in the Department
of Social Security,…”
On 12 December 2024, to avoid a practical refusal concerning these parts of the scope of
Stage 2 of your request, we invited you to engage in a request consultation process
pursuant to section 24AB of the FOI Act.
In response to our 24AB letter initiating a consultation process, on 16 November 2024, you
advised that we provide you with
“…a list of all records including fields for the subject lines,
sending date, number of attachments (and their titles if that is possible), sender and
recipients of emails (and their NDIA branch if that is possible) where the email has either
"National Autism Strategy" or the discrete word "NAS" in their subject line. Note that this will
include automatically those with ‘National Autism Strategy Oversight Council’ in the subject
line.”
Accordingly, on 24 December 2024, we provided you with a deidentified list of all 199 emails
where these items have either "National Autism Strategy" or the discrete word "NAS" in the
subject lines. We requested that you identify the emails you seek access to, using the Row
Number (Column A) as the unique identifier.
On 27 December 2024, you provided a list identifying 113 emails for which you seek access.
After reviewing the list of items, including emails and attachments, that you identified and
sought access to, we determined that processing this request would substantially and
unreasonably divert the resources of the agency from its other operations. Therefore, to
eliminate the potential for a practical refusal due to an unreasonable diversion of resources,
we wrote to you on 20 January 2025, requesting that you revise your request.
Subsequently, on 23 January 2025, you narrowed and revised the scope for parts 1 and 2 of
your request for the Stage 2 release to include the following documents:
“…Pleas [sic] narrow my request to information authored by NDIS/NDIA staff.”
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 46 documents, including an attachment, which fall within the scope of your
request.
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The documents were identified by consulting with relevant staff from the NDIA’s Children’s
Taskforce, Parliamentary and Ministerial, and Cyber Security and Resilience branches, who
could be expected to identify documents within the scope of the request by conducting
searches of NDIA’s systems.
I have also conducted courtesy consultations with other agencies, such as the Department
of Social Services (DSS) and Department of Health and Aged Care to seek their views on
the contents and disclosure of some of the documents.
I have decided to:
• grant access to 23 documents in full;
• grant access to 22 documents in part; and
• refuse access to one document in full.
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
• courtesy consultation with other agencies
• factors relevant to my assessment of whether or not disclosure would be in the public
interest and
• the NDIA’s operating environment and functions.
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have decided that Documents 1 to 9, 17, 24, 26, 31 to 35, 40 to 42 and 45 to 47 contain
material that is exempt from disclosure under the FOI Act.
I have also identified that Documents 1 to 5 contain material that is irrelevant to your
request. The irrelevant material relates to information which is not relevant to the subject
matter of your request i.e., emails which are not authored by NDIS/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
4
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
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act conditionally exempts a document if its disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of the operations of an agency.
Documents 1 to 5 contain information relating to certain operations of third-party
organisation, specifically, email address which is not publicly available and releasing this
information may disrupt the third-party organisation’s operations, for example, lead to spam,
phishing or misuse.
Document 43 contains information relating to certain operations of the NDIA, specifically,
internal single points of contact, for use only by NDIA staff in their work, for example,
managing complaints made against the Agency by members of the public.
Disclosing internal single points of contact may jeopardise their effectiveness in receiving
feedback and complaints. I am satisfied that, if this information were disclosed, there would
be reasonable likelihood of aggrieved members of the public seeking to gain advantage over
others by using internal points of contact in place of the appropriate points of contact. I
conclude that the release of this information could reasonably be expected to have an
adverse effect on the proper and efficient conduct of the operations of the Agency, namely
the Agency’s ability to conduct its operations in a timely and efficient way.
Accordingly, I find that disclosure of this information would or could reasonably be expected
to have a substantial adverse effect on the operations of the Agency and is therefore
conditionally exempt under section 47E(d) of the FOI Act.
Personal privacy (section 47F)
Section 47F of the FOI Act states that a document is conditionally exempt if its disclosure
under the Act would involve the unreasonable disclosure of personal information about any
person (including a deceased person).
Paragraph 6.123 of the FOI guidelines states that “personal information" means information
or an opinion about an identified individual, or an individual who is reasonably identifiable:
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a. whether the information or opinion is true or not and
b. whether the information or opinion is recorded in a material form or not.
I have identified material in Documents 1 to 9, 15 and 43 which contain personal information
of third parties.
I have also identified material in Documents 1 to 5, 24, 29 to 33, 38 to 40 and 43 to 45,
which contain the names and contact details of NDIS staff that have not previously been
disclosed to you. I consider these names and contact details to be the personal information
of those staff members.
In determining whether the disclosure of this information would be unreasonable, the FOI Act
requires that I consider the following factors:
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.
I therefore conclude that it would be unreasonable to disclose publicly this personal
information and it is therefore conditionally exempt under section 47F(1) of the FOI Act.
Public interest considerations – sections 47E(d) and 47F
Under the FOI Act, I can only refuse to disclose information which is conditionally exempt if I
conclude that it would be contrary to the public interest to do so. Section 11B of the Act sets
out what I need to consider and what I must not consider when reaching my conclusion.
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 would
promote the object of the FOI Act by providing access to documents held by the
government.
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I do not consider that disclosure of the personal information in the documents would promote
the other objects of the FOI Act, such as informing debate on a matter of public importance
or promoting oversight of public expenditure. Although disclosure of the information would
provide you with access to government-held information, it would also impinge on the third
parties’ right to keep their personal information private. This is an important right recognised
by the Privacy Act 1988 and, given the limited public interest in disclosing the information, I
believe it ought to be given the most weight.
While there is limited public interest in the disclosure of information conditionally exempt
under sections 47E(d) and 47F, of the FOI Act, the harm that would result from disclosure is
that it could reasonably be expected to:
• prejudice the ability of the Agency to protect established contact points and
procedures of the Agency; and
• affect an individuals’ right to privacy by placing 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 1 to 9, 15, 24, 29 to 33, 38 to 40 and 43 to 45 is exempt under sections 47E(d)
and 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.
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Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at
xxx@xxxx.xxx.xx.
Yours sincerely
Ramya (RMO 260) Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-0332
Document
Page
Description
Access Decision
Comments
number
number
Email
PARTIAL ACCESS
Irrelevant material
1
1-5
Subject: RE: THANK YOU AND FOR CONSIDERATION:
removed under section 22
Your signed National Autism Strategy Oversight Council
Exemptions claimed:
of the FOI Act.
membership pack and a brief chat with the DSS Council co-
s47E(d) – certain operations of agencies
chair
s47F – personal privacy
[SEC=OFFICIAL:Sensitive]
Date: 11 August 2023
Email
PARTIAL ACCESS
Irrelevant material
2
6-7
Subject: RE: Briefing for Sam Taylor National Autism
removed under section 22
Strategy Oversight Council workshop to discuss what the
Exemptions claimed:
of the FOI Act.
Strategy might look like [SEC=OFFICIAL]
s47E(d) – certain operations of agencies
Date: 22 August 2023
s47F – personal privacy
Email
PARTIAL ACCESS
Irrelevant material
3
8-11
Subject: RE: FOR INFORMATION AND COMPLETION
removed under section 22
PLEASE: National Autism Strategy Oversight Council
Exemptions claimed:
of the FOI Act.
background information and Council membership pack for
s47E(d) – certain operations of agencies
Samantha Taylor
s47F – personal privacy
[SEC=OFFICIAL:Sensitive]
Date: 11 August 2023
Attachment to Document 3
ACCESS REFUSED
3.1
12-15
S Taylor National Autism Strategy Membership pack.pdf
Exemption claimed:
s47F – personal privacy
1
Document
Page
Description
Access Decision
Comments
number
number
Email
PARTIAL ACCESS
Irrelevant material
4
16-21
Subject: RE: FOR INFORMATION: A pre-brief with Luke
removed under section 22
Mansfield, DSS National Autism Strategy Oversight Council
Exemptions claimed:
of the FOI Act.
co-chair [SEC=OFFICIAL:Sensitive]
s47E(d) – certain operations of agencies
Date: 14 August 2023
s47F – personal privacy
Email
PARTIAL ACCESS
Irrelevant material
5
22-23
Subject: FW: National Autism Strategy - Oversight Council
removed under section 22
Social Inclusion Working Group Representative
Exemptions claimed:
of the FOI Act.
[SEC=OFFICIAL]
s47E(d) – certain operations of agencies
Date: 11 September 2023
s47F – personal privacy
Guiding Principles (Draft)
PARTIAL ACCESS
6
24-43
Undated
Exemption claimed:
s47F – personal privacy
Guiding Principles
PARTIAL ACCESS
7
44-72
Undated
Exemption claimed:
s47F – personal privacy
Diagnosis, Supports and Services Working Group
PARTIAL ACCESS
8
73-74
Agendas
Exemption claimed:
Date: 16 May 2024
s47F – personal privacy
Diagnosis, Supports and Services Working Group and
PARTIAL ACCESS
9
75-76
Health and Mental Health Working Group Joint Meeting
Agenda
Exemption claimed:
s47F – personal privacy
Date: 18 April 2024
Diagnosis, Supports and Services Working Group
FULL ACCESS
10
77
Meeting Agenda
Date: 27 June 2024
10
Document
Page
Description
Access Decision
Comments
number
number
Boundary principles for commitments under the
FULL ACCESS
11
78-83
National Autism Strategy and the National Roadmap for
Improving the Health and Mental Health of Autistic
People
Date: 1 February 2024
Diagnosis, Supports and Services Working Group
FULL ACCESS
12
84-85
Meeting - Summary of comments from the Chat
Date: 1 February 2024
Boundary principles for commitments under the
FULL ACCESS
13
86-90
National Autism Strategy and the National Roadmap for
Improving the Health and Mental Health of Autistic
People
Date: 8 February 2024
GovTeams engagement rules
FULL ACCESS
14
91
Undated
Guiding Principles
PARTIAL ACCESS
15
92-123
Undated
Exemption claimed:
s47F – personal privacy
National Autism Strategy - Collaborative Workshop
FULL ACCESS
16
124
Agenda
Date: 3 June 2024
National Autism Strategy - Draft Strategy Survey
FULL ACCESS
17
125-155
Undated
National Autism Strategy - Diagnosis, Supports and
FULL ACCESS
18
156-158
Services Working Group – Commitments 13, 14, 15 and
11
Document
Page
Description
Access Decision
Comments
number
number
16 – Potential first year, medium and long‐
term action
items
Undated
Focus Areas - Roadmap Outcomes (blank)
FULL ACCESS
19
159-169
Undated
Focus Areas - Roadmap Outcomes (with comments)
FULL ACCESS
20
170-180
Undated
Working Group Meeting Focus table that maps the
FULL ACCESS
21
181-194
actions developed by working groups in 2023
Undated
Diagnosis Services and Supports Working Group -
FULL ACCESS
22
195-197
What to expect guide for Meeting 16 May 2024 meeting
Undated
Social Inclusion Working Group - Forward Work Plan
FULL ACCESS
23
198-202
Undated
Inquiry Recommendation Australian Government
PARTIAL ACCESS
24
203-210
Response Recommendation PC24-000011
Exemption claimed:
Date: 8 November 2024
s47F – personal privacy
Inquiry Recommendation Australian Government
FULL ACCESS
25
211-223
Response Recommendation PC24-000011
Date: November 2024
Inquiry Recommendation Australian Government
FULL ACCESS
26
224-230
Response Recommendation PC24-000011
Date: Undated
12
Document
Page
Description
Access Decision
Comments
number
number
Inquiry Recommendation Australian Government
FULL ACCESS
27
231-236
Response Recommendation PC24-000011
Date: Undated
Inquiry Recommendation Australian Government
FULL ACCESS
28
237-244
Response Recommendation PC24-000011
Date: Undated
Inquiry Recommendation Australian Government
PARTIAL ACCESS
29
245-253
Response Recommendation PC24-000011
Exemption claimed:
Date: Undated
s47F – personal privacy
Inquiry Recommendation Australian Government
PARTIAL ACCESS
30
254-259
Response Recommendation PC24-000011
Exemption claimed:
Date: 8 November 2024
s47F – personal privacy
Inquiry Recommendation Australian Government
PARTIAL ACCESS
31
260-264
Response Recommendation PC24-000011
Date: 8 November 2024
Exemption claimed:
s47F – personal privacy
Inquiry Recommendation Australian Government
PARTIAL ACCESS
32
265-271
Response Recommendation PC24-000011
Exemption claimed:
Date: 30 September 2024
s47F – personal privacy
Inquiry Recommendation Australian Government
PARTIAL ACCESS
33
272-278
Response Recommendation PC24-000011
Exemption claimed:
Date: 30 September 2024
s47F – personal privacy
Inquiry Recommendation Australian Government
FULL ACCESS
34
279-285
Response Recommendation PC24-000011
Date: Undated
13
Document
Page
Description
Access Decision
Comments
number
number
Inquiry Recommendation Australian Government
FULL ACCESS
35
286-291
Response Recommendation PC24-000011
Date: Undated
Inquiry Recommendation Australian Government
FULL ACCESS
36
292-297
Response Recommendation PC24-000011
Date: Undated
Inquiry Recommendation Australian Government
FULL ACCESS
37
298-304
Response Recommendation PC24-000011
Date: Undated
Inquiry Recommendation Australian Government
PARTIAL ACCESS
38
305-311
Response Recommendation PC24-000011
Exemption claimed:
Date: Undated
s47F – personal privacy
Inquiry Recommendation Australian Government
PARTIAL ACCESS
39
312-318
Response Recommendation PC24-000011
Exemption claimed:
Date: Undated
s47F – personal privacy
Inquiry Recommendation Australian Government
PARTIAL ACCESS
40
319-326
Response Recommendation PC24-000011
Exemption claimed:
Date: Undated
s47F – personal privacy
Inquiry Recommendation Australian Government
FULL ACCESS
41
327-333
Response Recommendation PC24-000011
Date: November 2024
Ministerial Correspondence – Ref: MC22-002129
FULL ACCESS
42
334
Undated
Ministerial Correspondence – Ref: MC22-002578
PARTIAL ACCESS
43
335-337
14
Document
Page
Description
Access Decision
Comments
number
number
Undated
Exemption claimed:
s47E(d) – certain operations of agencies
s47F – personal privacy
Ministerial Submission for Action – Ref: MS23-000149
PARTIAL ACCESS
44
338-340
Letter to representatives of the Autistic community
regarding the NDIS Review
Exemption claimed:
s47F – personal privacy
Undated
Question Time Brief
PARTIAL ACCESS
45
341-344
Date: 14 February 2024
Exemption claimed:
s47F – personal privacy
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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
xxx@xxxx.xxx.xx or by post:
Freedom of Information Section
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release 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:
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.
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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.
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