Our reference: FOI 24/25-1472
Your reference: MR25/00665
GPO Box 700
Box 70
0
Can
Ca berra
be
ACT 2601
2601
180
18 0 80
0 8 0 11
0 1 0
ndis.g
nd
ov.au
ov.a
8 July 2025
Melih Sayan
Assistant Review Advisor
Office of the Australian Information Commissioner
By email: xxxxx@xxxx.xxx.xx
Dear Melih Sayan
Submissions to the Information Commissioner Thank you for your correspondence of 10 June 2025 in which you requested submissions as
the applicant contends the searches conducted were insufficient and not all documents in
the scope were located by NDIA.
The purpose of this letter is to provide you with the information and submissions requested
in that correspondence.
Background
On 6 March 2025 the applicant requested access to the following documents held by the
NDIA:
" I request a copy of all documents that:
1. Contain current advice or guidance or similar on the definition of ‘permanent’ (as used in the
Act), and
2. Are not publicly available, and
3. Are not advice et al to a specific individual (for example, an email in response to a question is
not included; a reference document in Teams is, even if the reference document is not a formal
SOP).
Where a document is in scope the request is for the whole document, not just the portion relating
to impairment
I agree to the exclusion of non-SES details and applicant/participant personal information”
Consultation to revise scope under s 24AB
After our Scheme Eligibility Branch advised the applicant’s scope was too broad, we
consulted with the applicant under section 24AB of the Freedom of Information Act 1982
(FOI Act), to consider narrowing the scope.
On 16 April 2025, we emailed the applicant the consultation letter and on the same day, they
replied narrowing part of the scope to the following:
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“I agree to revise the scope to add:
“and,
4. The document is a work instruction, or
5. The document is a SOP, or
6. The document instructs staff how to use or apply the word ‘permanent’ from the Act.”
Evidence of Searches
Where relevant documents would be located
Based on the terms of the FOI request, documents could reasonably be expected to be
located by consulting with staff in the below line areas:
• Scheme Eligibility Branch
• Service Guidance and Practice
• Frontline Capability
Original Searches
The FOI Decision Maker sent a consult to the following branches requesting searches for
documents relevant to all parts of the applicant’s request:
• Scheme Eligibility Branch
• Service Guidance and Practice
• Frontline Capability
We consulted with the Scheme Eligibility Branch with the initial FOI request. They advised
the request was too broad and after consulting with the applicant, the FOI scope was revised
to the following:
“I request a copy of all documents that:
1. Contain current advice or guidance or similar on the definition of ‘permanent’ (as used in
the Act), and
2. Are not publicly available, and
3. Are not advice et al to a specific individual (for example, an email in response to a question
is not included; a reference document in Teams is, even if the reference document is not a
formal SOP).
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4. The document is a work instruction, or
5. The document is a SOP, or
6. The document instructs staff how to use or apply the word ‘permanent’ from the Act.
Where a document is in scope the request is for the whole document, not just the portion
relating to impairment”
After notifying the branch of the amended scope, they were able to conduct searches and
located relevant documents which were released to the applicant with exemptions applied.
Service Guidance and Practice located one document which was released to the applicant.
Frontline Capability initially advised that documents could be with Service Guidance and
Practice Branch, who we had already reached out to as noted above. Frontline Capability
also conducted searches on the amended scope and confirmed
‘there are no guidance
materials surrounding the concept and application of “permanent” in our training materials’.
Additional Searches
On 10 June 2025, OAIC advised us by email that the applicant had considered our decision
of 14 May 2025 and wished to continue with the IC review on the basis that they contend the
searches conducted were insufficient and all relevant documents in scope of the review were
not located by the Agency.
With that in mind, we reached out to the following branch that may have documents to
conduct searches:
• Policy and Practise Leadership
On 3 July 2025, Policy and Practice Leadership replied advising that ‘the team have
conducted searches with a Nil result’.
Reasons as to why no further documents exist
As detailed above, all relevant locations where documents would be located have been
searched by FOI officers and staff members from relevant line areas.
All relevant documents have already been provided, and no other documents exist.
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Submissions
It is the Agency’s position that it has taken all reasonable steps to identify documents
relevant to the applicant’s request. Paragraphs 3.88 and 3.99 of the Guidelines issued by
OAIC also provide guidance on what constitutes ‘all reasonable steps’.
Multiple searches were conducted with all line areas that could be expected to hold
documents. These searches were overseen and endorsed by senior staff in the relevant
areas.
With reference to where documents would be located and the searches conducted, the
Agency submits that its searches for documents relevant to the applicant’s request satisfy
the requirements to take all reasonable steps to find a document and that those searches
were ‘appropriate or suitable to the circumstance or purpose’.
By conducting multiple search consults with relevant line areas and requesting that they
advise of any other line areas that may be able to provide documents in line with the FOI
scope, the NDIA has taken ‘comprehensive steps to locate documents’.
The additional searches and the subsequent release of information show a commitment by
the Agency to resolve this matter and provide the applicant with the information they are
seeking. The FOI Team have exhausted all search efforts and were unable to locate any
further documents or information relevant to the applicant’s request. The Agency therefore
submits that no other documents exist within the scope of the FOI request.
Should you require anything further in relation to this matter, please do not hesitate to
contact me by email
at xxx@xxxx.xxx.xx.
Yours sincerely,
Sussan (SJL495)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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