Our reference: FOI 24/25-0856
GPO Box 700
Canberra ACT 2601
1800 800 110
09 May 2025
ndis.gov.au
David Wright
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 29 November 2025, seeking 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
You have requested access to the following documents:
“…FOI 24/25-0514 (document 2) contains the research paper 'Reducing Applied
Behaviour Analysis over time'.
Page 1 of the document provides the following information about the preparation and
approval of the document (with surnames redacted):
Requestor: Stan
Endorsed by: Naomi
Researcher: Stephanie, Aaron
Cleared by: Stephanie
(I assume the Researcher 'Stephanie' and Cleared by 'Stephanie' are two different
people).
I request al communications by or with Stan, Naomi, Stephanie, Aaron and
Stephanie - amongst themselves, or by any of these people with anyone else at the
NDIA - concerning this research paper.
I also request al draft copies of the paper which were prepared prior to its final
approval.
Surnames are not relevant to my request - they can be redacted from any documents
provided to me…”
Processing Timeframes
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 29 November 2024, the original due
date for your request was 30 December 2025.
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On 09 December 2025, you agreed via email to a 30-day extension of time under section
15AA of the FOI Act, making 29 January 2025 the new date to provide you with a decision
on access.
As we were unable to provide you with a decision on your request by the legislated due date,
your application is regarded as a deemed refusal under section 15AC of the FOI Act.
Despite this, I have continued to process your application. I apologise for the delay and
confirm that you retain your right to seek external review of this decision. Details are set out
in
Attachment C to this letter.
Searches conducted
Searches were conducted by the Technical Advice and Practice Improvement Branch for
documents relevant to the scope of your FOI request. As a result of this search, eight (8)
documents were located that fall within the scope of your request, this search was
undertaken between 22 February and 05 May 2025 and was overseen by senior staff.
Decision
I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on
this FOI request.
I have decided to grant access in part to 8 documents in accordance with section 22 –
access to edited copies with exempt matter deleted on the grounds that the deleted material
is considered exempt under 47E(d) – Public interest conditional exemptions – certain
operations of agencies, 47F – Public interest conditional exemptions – personal privacy of
the FOI Act.
In addition, I can advise no documents were located during searches relevant to:
“…I also request all draft copies of the paper which were prepared prior to its final
approval…”
Therefore, I have also decided to refuse access to information relevant to the above scope
pursuant to 24A of the FOI act on the basis that documents cannot be located or do not
exist.
The decision in relation to each document is detailed in the schedule of documents at
Attachment A.
A statement of reasons for this decision are set out in
Attachment B.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment C.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at
xxx@xxxx.xxx.xx.
Yours sincerely
Kate (KIM627)
A/Assistant Director
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-0856
Document
Page
Description
Access Decision
Comments
number
number
1
1
Email: Cleared RES 335 Reducing Applied
PARTIAL ACCESS
Behaviour Analysis over time
Exemption claimed:
s47F – personal privacy
Date: 08 January 2024
1.A
2-8
Email Attachment: Cleared RES 335
PARTIAL ACCESS
Reducing Applied Behaviour Analysis over
Exemption claimed:
time
s47F – personal privacy
Date: 03 January 2024
2
9
Microsoft Teams Message
PARTIAL ACCESS
Exemption claimed:
Date: 05 January 2024
s47F – personal privacy
3
10-11
Email: FW Cleared RES 335 Reducing
PARTIAL ACCESS
Applied Behaviour Analysis over time
Exemption claimed:
s47F – personal privacy
Date: 08 January 2024
s47E(d) – certain operations of agencies
4
12
Microsoft Teams Message
PARTIAL ACCESS
Exemption claimed:
Date: 08 January 2024
s47F – personal privacy
5
13-14
Email: Re Cleared RES 335 Reducing
PARTIAL ACCESS
Applied Behaviour Analysis over time
Exemption claimed:
s47F – personal privacy
Date: 08 January 2024
6
15-16
Email: Re Cleared RES 335 Reducing
PARTIAL ACCESS
Applied Behaviour Analysis over time
Exemption claimed:
6
Document
Page
Description
Access Decision
Comments
number
number
s47F – personal privacy
Date: 08 January 2024
7
17-19
Email: RE For clearance January research
PARTIAL ACCESS
Irrelevant material
update
Exemption claimed:
removed under section
s47F - personal privacy
22 of the FOI Act
Date: 24 January 2024
s22 - Irrelevant Information
8
20
Microsoft Teams Message
PARTIAL ACCESS
Exemption claimed:
Date: 25 January 2024
s47F - personal privacy
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Attachment B
Statement of Reasons
FOI 24/25-0856
_________________________________________________________________________
Section 22 – Access to edited copies with exempt or irrelevant material deleted
Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a
document where the agency has decided to refuse access to an exempt document or that to
give access to a document would disclose information that would reasonably be regarded as
irrelevant to the request for access.
On 09 December 2024, you confirmed via email that you had no objections to surnames and
contact details of NDIS staff being considered irrelevant to the scope of your request.
I have identified irrelevant material within document 7 related to research papers which is not
within the scope of your request. I am satisfied that it is reasonably practicable to remove
this material and release the documents to you in material form.
REFUSAL UNDER 24A
I have refused access to the information you requested under section 24A of the FOI Act on
the basis that documents are unlocatable or do not exist.
Relevant Law
Under the FOI Act, a person has a right to be give access to documents of an agency.
However, the right of access is subject to limitations, including grounds for refusal of access.
Section 24A of the FOI Act states that an agency may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the agency is
satisfied that the document cannot be found or does not exist.
Searches for documents
After reviewing the scope of your request, I identified the need to make enquiries with the
NDIA’s Technical Advice and Practice Improvement Branch for documents relevant to your
scope.
Based on the search results from the relevant business areas and consultation with subject
matter experts, I am satisfied that documents relevant to this part of your request do not
exist:
“…I also request all draft copies of the paper which were prepared prior to its final
approval…”
I therefore refuse access to the information under section 24A of the FOI Act on the basis
that the information cannot be found or does not exist.
REFUSAL UNDER 47F
Personal privacy (section 47F)
Section 47F(1) of the FOI Act states:
A document is conditionally exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a
deceased person).
The FOI Act shares the same definition of ‘personal information’ as the
Privacy Act 1988
(Cth). Paragraph 6.123 of the FOI Guidelines provide that:
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Personal information means information or an opinion about an identified individual,
or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in material form or not.
Documents relevant to the scope of your request contain personal information of third
parties. This includes the names and contact details of staff of the agency.
In my assessment of whether the disclosure of this personal information is unreasonable, I
have considered the following factors in accordance with section 47F(2) of the FOI Act:
(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) the affect the release of the personal information could reasonably have on the
third party.
I found that the specific personal information contained within the documents:
• is not well known
• is in relation to individuals that are not known to be or have been associated with the
matters dealt with in the documents
• is not available from publicly available sources
• would have a negative effect on the individuals if released
Accordingly, I am satisfied that the documents are conditionally exempt under section 47F of
the FOI Act.
REFUSAL UNDER 47E(d)
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act states:
A document is a conditionally exempt if its disclosure under this act would, or could
reasonably be expected to, do any of the fol owing:
(d) have a substantial adverse effect on the proper and efficient conduct of
the operations of the agency.
The FOI Guidelines, at paragraph 6.115, state:
The predicted effect must bear on the agency’s ‘proper and efficient’ operations, that
is, the agency is undertaking its operations in an expected manner.
The documents within the scope of your request comprise an internal email address. I
consider this to be information of the agency, and if released would have an effect on the
proper and efficient conduct of the operations of the agency. To release this email to the
broader public could erroneously indicate that this is an email address to be used by the
public to engage with the agency, which is not the intent or purpose.
Accordingly, I consider the release of this information would reasonably have a substantial
adverse effect on the proper and efficient conduct of the agency and is exempt under 47E(d)
of the FOI Act.
PUBLIC INTEREST FACTORS
Public interest considerations – Section 47E and 47F
Section 11A(5) of the FOI Act states:
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The agency or Minister must give the person access to the document if it is
conditionally exempt at a particular time unless (in the circumstances) access to the
document at that time would, on balance, be contrary to the public interest.
Irrelevant factors
I have examined the irrelevant factors in section 11B(4) of the FOI Act and I am satisfied I
have not taken into account any irrelevant factors in reaching my decision.
Factors favouring disclosure
I have considered the factors favouring disclosure as set out in section 11B(3) of the FOI
Act. The relevant factors being whether access to the document would:
(a) promote the objects of this Act (including all the matters set out in section 3 and
3A);
(b) inform debate on a matter of public importance;
(c) promote effective oversight of public expenditure
In favour of disclosure, I have considered these factors, and have determined that disclosure
of the information in the documents would promote the objects of the FOI Act (including all
matters set out in sections 3 and 3A).
This is because providing access to documents held by the NDIA allows for increased
scrutiny, discussion, comment, and review of government held information.
I have therefore decided to afford significant weight to this factor in favouring disclosure of
the document to you.
Factors weighing against disclosure
The FOI Act does not list any factors weighing against disclosure. These factors will depend
on the circumstances. However, the inclusion of the exemptions and conditional exemptions
in the FOI Act recognises that harm may result from the disclosure of some types of
documents in certain circumstances.
Paragraph 6.233 of the FOI guidelines provides a non-exhaustive list of public interest
factors against disclosure. The factors I find relevant to this request are that release of this
information could reasonably be expected to prejudice:
• the protection of an individual’s right to privacy
• the interests of an individual or group of individuals
• the management function of an agency
While I accept that there is a public interest in allowing scrutiny, discussion, comment and
review of information held by the NDIA, there is also a strong public interest in maintaining
an individual’s right to privacy, protecting the commercial value of third parties, and ensuring
proper and effective communication within the agency.
On balance
I am satisfied, based on the above, the public interest factors against disclosure outweigh
the factors for disclosure, and that, on balance, it is against the public interest to release the
information to you. Accordingly, I find that the information is exempt under sections 47F, 47G
and 47E(d) of the FOI Act.
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ATTACHMENT C
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
Complaints Management & FOI Branch
General Counsel 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 fol owing 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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