Our reference: FOI 24/25-0889
GPO Box 700
Canberra ACT 2601
1800 800 110
4 June 2025
ndis.gov.au
Melissa O'Connell
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Melissa O'Connell
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 4 December 2024, seeking access under the
Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability
Insurance Agency (NDIA).
I apologise for the delay in processing your request.
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:
“* Power Wheelchairs
* Power Wheelchair with standing feature
* Recreational Supports - Off Road Cycles
* Charcot orthotic restraint walker (CROW)
* Omeo powered mobility device
* Specialist wheelchair features and seating systems
* Secondary seating systems
* Best practice in the management of posture for a person with a physical/neurological
disability
* Entry level sports power wheelchair
* Out of warranty AT replacement
* Benefits of rotating/powered turning bed features
* Splinting, Botox and serial casting
* Safety of front versus second or third row conversion
* Bariatric wheelchair transport
* Bowel care consumables
* Comparison of catheter models
* Insulin Pumps
* Research into portable suction machines and respiratory supports
* CPAP funding, use and management
* Phrenic nerve pacing..."
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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 4 December 2024, the original due date
for your FOI request was 3 January 2024.
On 8 December 2024, you agreed to a 30-day extension of time under section 15AA of the
FOI Act, making 3 February 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.
Search efforts
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 areas and staff to obtain documents within their possession which may fall
within the scope of your FOI request:
• Technical Advice and Practice Improvement Branch
I advise that senior staff in the aforementioned business areas conducted searches for the
documents.
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 18 documents, which fall within the scope of your request, and I have
decided to grant access to 1 document in full and 17 documents in part.
I advise that 2 of the documents titled
“Bowel Care Consumables” and
“Out of Warranty AT
Replacement” are available through the NDIS Disclosure Log. I have decided to release
these documents to you as part of your Freedom of Information request.
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Reason for decision
I have decided that some documents and parts of documents should not be disclosed as
they contain conditionally exempt information where disclosure would be contrary to the
public interest. The information is therefore exempt, under section 47F – Personal
Information of the FOI Act.
Additionally, I have decided to refuse access to some information you have requested on the
basis that the documents are non-existent or unlocatable pursuant to section s24A of the
FOI Act.
In reaching my decision, I took the following into account:
• your correspondence of 4 December 2024 outlining the scope of your request
• The provisions of the FOI Act including ss 15, 24A and 47F
• the FOI Guidelines published under section 93A of the FOI Act, which includes guidance
on what reasonable searches an agency is required to undertake
• consultation with relevant officers and business areas of the NDIA.
• factors relevant to my assessment of whether or not disclosure would be in the public
interest
A detailed statement of reasons for my decision can be found at
Attachment A. Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment B,
are enclosed.
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
Wendy (WNN633)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Statement of Reasons
FOI Application FOI 24/25-0889
_________________________________________________________________________
For ease of reading, I will have set out my statement of reasons in two parts.
Reasons for decision – Part 1
Personal privacy (section 47F)
Section 47F of the FOI Act conditionally exempts a document if its disclosure would involve
the unreasonable disclosure of personal information about any person (including a deceased
person).
Personal information is defined as information or an opinion, whether true or not, about an
individual whose identity is apparent, or can reasonably be ascertained, from the information
or opinion.
Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents
would involve unreasonable disclosure of personal information, regard must be had to:
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 am satisfied the information you have requested meets the definition of personal
information of a third party and that it would be unreasonable to disclose publicly this
personal information. Therefore, the release of the documents are conditionally exempt
under section 47F(1) of the FOI Act.
Public interest considerations – section 47F
Section 11A(5) of the FOI Act provides that access to a document covered by a conditional
exemption must be provided unless disclosure would be contrary to the public interest.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
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 2 to 18
would promote the objects of the FOI Act by providing access to documents held by the
government and providing access to information.
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Against disclosure, I consider that disclosure of the relevant information in Documents 2 to
18:
• would not contribute to the publication of information of sufficient public interest to justify
the likely harm caused by release
• would not enhance Australia’s representative democracy in the ways described in
section 11B(3) of the FOI Act
• would not inform any debate on a matter of public importance, or promote oversight of
public expenditure.
While there is limited public interest in the disclosure of information conditionally exempt
under section 47F of the FOI Act, the harm that would result from disclosure is that it could
reasonably be expected to:
• affect an individual’s right to privacy by having 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 2 to 18 is exempt under sections 47F of the FOI Act.
Reason for Decision – Part 2
Refused Information (Section 24A)
I have refused access to the information you requested under section 24A of the FOI Act on
the basis that documents containing such information are unlocatable or do not exist.
Relevant law Under the FOI Act, a person has a right to be given access to documents of an agency.
However, the right of access is subject to limitations, including grounds for refusal of access.
Section 24A(1) 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 FOI application, I identified the need to make enquiries
with the NDIA’s TAPIB for documents relevant to the scope of your request.
In response to my enquiries, senior staff in the business area have informed me that no
research papers have been created for the documents titled "Power Wheelchairs" and
"Power Wheelchair with Standing Feature." Initially the aforementioned items were part of
the TAPIB research papers however over the course of time, they were subsequently
withdrawn before any research had commenced.
Conclusion Based on the information I received from internal business areas; I consider there are
reasonable grounds to be satisfied that documents containing the information you seek do
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not exist. I therefore refuse access to the information under section a 24A of the FOI Act on
the basis that the information is does not exist.
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Attachment B
Schedule of Documents for FOI 24/25-0889
Document
Page
Description
Access Decision
number
number
Bowel Care Consumables
FULL ACCESS
1
1
Undated
Research Request - Charcot orthotic restraint walker (CROW)
PARTIAL ACCESS
2
2-17
Exemption claimed:
Date: 18 November 2020
s47F – personal privacy
Research - Omeo powered mobility device
PARTIAL ACCESS
3
18-24
Exemption claimed:
Date: 17 March 2021
s47F – personal privacy
Research Paper - 24 hour Postural Management Programmes
PARTIAL ACCESS
4
25-43
Exemption claimed:
Date: 24 September 2021
s47F – personal privacy
Research Paper - Rotating Beds
PARTIAL ACCESS
5
44-49
Exemption claimed:
Date: 23 December 2021
s47F – personal privacy
Research paper - Safety of front versus second or third row
PARTIAL ACCESS
6
50-56
vehicle conversions for wheelchairs
Exemption claimed:
s47F – personal privacy
Date: 5 October 2021
Research Paper - Alternative seating system for wheelchair
PARTIAL ACCESS
7
57-63
users
Exemption claimed:
s47F – personal privacy
Date: 19 January 2022
1
Research Paper - CPAP funding, management and use
PARTIAL ACCESS
8
64-77
Exemption claimed:
Date: 14 February 2022
s47F – personal privacy
Research Paper - Bariatric wheelchairs and transport safety
PARTIAL ACCESS
9
78-92
Exemptions claimed:
Date: 19 May 2022
s47F – personal privacy
Research Paper - Entry level sports PWC
PARTIAL ACCESS
10
93-102
Exemptions claimed:
Date: 7 June 2022
s47F – personal privacy
Research Paper - Outcome comparison of catheter model and
PARTIAL ACCESS
11
103-112
technique
Exemption claimed:
s47F – personal privacy
Date: 2 March 2022
Research Request - Phrenic nerve pacing
PARTIAL ACCESS
12
113-136
Exemption claimed:
Date: 12 June 2020
s47F – personal privacy
Research Request - Botox, Splinting and Serial Casting
PARTIAL ACCESS
13
137-150
Exemption claimed:
Date: 14 August 2019
s47F – personal privacy
Research - Feasibility of NDIS providing insulin pumps as a
PARTIAL ACCESS
14
151-179
way to reduce expensive nursing supports as well as
Exemption claimed:
optimising the independence of participants
s47F – personal privacy
Date: 23 April 2021
Research - Out of warranty AT Replacement
PARTIAL ACCESS
15
180-198
Exemption claimed:
Date: 17 May 2021
s47F – personal privacy
Research - Recreational Supports: Off Road Cycles
PARTIAL ACCESS
16
199-220
Exemption claimed:
Date: 26 November 2020
s47F – personal privacy
Research Request - Suction machine types and cleaning
PARTIAL ACCESS
17
221-226
Exemption claimed:
Date: 12 September 2019
s47F – personal privacy
8
The Benefits of Power Wheelchair Tilt, Recline and Leg Rests,
PARTIAL ACCESS
18
227-258
Power Wheelchair Standing Systems, and Standing Frames for
Exemption claimed:
Power Wheelchair Users
s47F – personal privacy
Date: 15 December 2021
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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 emai
l 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 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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