Our reference: FOI 24/25-0733
GPO Box 700
Canberra ACT 2601
1800 800 110
24 April 2025
ndis.gov.au
Julie Keys
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Julie Keys
Freedom of Information request
Thank you for your correspondence of 7 November 2024, in which you requested access
under the
Freedom of Information Act 1982 (FOI Act) to documents held by the National
Disability Insurance Agency (NDIA).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
In your original application, you requested access to the following documents held by the
NDIA:
“I am seeking information on the drugs that Australians with ME/CFS are expected to
consider prior to gaining access to the NDIS.
The 2024 TAB document found at the link below lists a number of drugs that to the best
of my knowledge are NOT generally available in Australia for treating or managing
ME/CFS.
Given that the NDIA has advised that it has not information other than its TAB document
I am now seeking information/correspondence/notes on how the drug list was
determined..."
Revision of scope
On 19 December 2024, you have revised the scope of your request to be for the following
documents:
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“…I am seeking the following information:
Internal communication referencing the Table 1 Symptom Management strategies
contained within the 2024 TAB document ‘Myalgic encephalomyelitis /
Chronic fatigue syndrome’.
This document lists a number of drugs and I am seeking information on the source of
each of these recommendations for the various drugs that are listed…”
Request Consultation
On 25 March 2025, I sent you an email with a letter initiating a consultation process under
section 24AB of the FOI Act. In my letter I advised you that I intended to refuse access to
your request on the grounds that processing your request would unreasonably and
substantially divert the Agency’s resources from its other operations. My letter, which I have
attached separately from this decision notice, detailed the reasons for my view.
To date, I have not received a response from you and have continued to process your
request based on the scope revised on 19 December 2025.
Timeframe
The FOI Act provides 30 calendar days for the processing of an FOI request after it is
received. As your valid FOI request was received on 7 November 2024, the original due date
for your FOI request was 7 December 2024.
On 7 December 2024, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 7 January 2025 the new date to provide you with a decision on access.
I acknowledge that this time has lapsed and as a result we are deemed to have refused your
request under section 15AC of the FOI Act. The effect of this is that you do not have a right
seek an internal review of my decision. However, I confirm that you retain your right to seek
external review by the Office of the Australian Information Commissioner (OAIC).
I note that despite this, I have continued processing your request and I extend my apologies
for the delay in providing you with a decision on access
Decision on access to documents
Taking into consideration your response to the consultation process, I have decided to
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refuse your request pursuant to section 24(1)(b) of the FOI Act on the grounds that a
practical refusal reason exists as per 24AA(1)(a)(i).
I made this decision as a delegated decision maker under section 23(1) of the FOI Act.
Reasons for decision
A detailed statement of reasons for my decision can be found at
Attachment A.
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
xxx@xxxx.xxx.xx.
Yours sincerely
Wendy (WNN633)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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link to page 4
Attachment A
Statement of Reasons
FOI 24/25-0733
_________________________________________________________________________
Practical refusal reason
Relevant law – s24AA
A practical refusal reason exists in relation to a request for documents if the work involved in
processing the request would substantially and unreasonably divert the resources of the
agency from its other operation
s1.
In determining whether processing the request would substantially and unreasonably divert
the agency’s resources, I am required to consider the resources that would have to be used
for the following components:
• identifying, locating or collating the documents within the Agency
• deciding whether to grant, refuse or defer access to a document, including resources
used for examining the document and consulting with any person or body in relation
to the request
• making a copy or an edited copy of the document
• notifying the decision on the request
Upon receipt of your Freedom of Information request, I noted that further clarity was required
from you regarding the scope of your request. On 18 December 2024, I emailed you to
confirm the type of documents you were seeking for this request which you had responded
to on 19 December 2024 with the following:
“…I am seeking the following information:
Internal communication referencing the Table 1 Symptom Management strategies
contained within the 2024 TAB document ‘Myalgic encephalomyelitis /
Chronic fatigue syndrome’.
This document lists a number of drugs and I am seeking information on the source of
each of these recommendations for the various drugs that are listed…”
1 24AA(1)(a)(i) of the FOI Act.
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Searches and advice for documents
The FOI Guidelines provide that agencies and ministers should undertake a reasonable
search on a flexible and common-sense interpretation of the terms of the request. At a
minimum, an agency is required to have regard to the following in undertaking these
searches:
• the subject matter of the documents
• the current and past file management systems
• the record management systems in place
• the individuals and line areas within an agency or minister’s office who may be able
• to assist with the location of documents, and
• the age of the documents.
Having regard to these Guidelines, I engaged in search consultations with the following
internal business area and staff to obtain documents within their possession which may fall
within the scope of your FOI request:
• Technical Advice and Practice Improvement Branch (TAPIB)
Senior staff in the aforementioned business area conducted searches between January
2025 and March 2025, and at the conclusion of the consultation, they had advised that to
determine if there has been any communication across the branch referencing Table 1 –
Symptom Management Strategies in the paper titled "Myalgic Encephalomyelitis / Chronic
Fatigue Syndrome" (dated 18/03/2024), they would need to contact all 138 advisors and
assistant directors and request each staff member to review their Outlook folders, personal
files, and Microsoft Teams chats to determine if they have mentioned the specific table.
TAPIB continues and advised that documentation of the instructions, execution of the
process, and subsequent oversight and compilation for this FOI request is anticipated to take
more than 150 hours to complete.
This estimate did not include the time taken for an FOI officer to review the documents for
sensitivities, to consider whether they were exempt from disclosure under the FOI Act and
whether further consultations would be required.
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Internal Consultation
On 25 March 2025, I wrote to you advising that, based on the search results, a practical
refusal reason existed for this FOI application. In circumstances where an Agency is
considering a practical refusal, it is required to undertake a request consultation process
under section 24AB of the FOI Act. I invited you to do one of following things within the 14
days consultation period.
• withdraw your request;
• make a revised request; or
• indicate that you do not wish to revise the request (in which case the current scope of
your request will stand).
During this period, I advised that you were welcome to seek assistance in revising your
request, in a way that adequately addresses the practical refusal reason outlined above.
I confirm, to date, I have not received a response from you, and I am satisfied that a practical
refusal reason still exists.
I therefore refuse your request on the basis of a ‘practical refusal reason’ under section
24(1)(b) of the FOI Act.
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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
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.
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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