Our reference: FOI 24/25-1474
GPO Box 700
Canberra ACT 2601
1800 800 110
23 April 2025
ndis.gov.au
Me
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Me
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 7 March 2025
(your correspondence), 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 fol owing documents:
“…I request all documents in NDIA’s possession relating to cognitive behavioural
therapy as a treatment for ADHD.
This request is limited to current and/or final documents that remain in effect and are
dated on or after 1 January 2022…”
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 7 March 2025, the original due date for
your request was 6 April 2025.
On 13 March 2025, the FOI Team wrote to you requesting your agreement to a 30-day
extension of time under section 15AA of the FOI Act. On 13 March 2025 you responded to
our request stating you did not agree to an extension of time; therefore, the original due date
stil stands.
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 B to this letter.
Searches conducted
Searches were conducted by the following business areas for documents relevant to the
scope of your FOI request:
• Policy and Practice Leadership
• Service Guidance and Practice
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• Technical Advice and Practice Improvement
No documents were located as a result of these searches, these searches were undertaken
between 31 March and 2 April 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 refuse access to the 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.
A statement of reasons for this decision are set out in
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
Patrick (PHO293)
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 24/25-1474
_________________________________________________________________________
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 given 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
following business areas:
• Policy and Practice Leadership
• Service Guidance and Practice
• Technical Advice and Practice Improvement
We were advised by all areas that they did not locate documents relevant to the scope of
your request.
Decision
In reaching my Decision, I took the following into account:
• Your correspondence of 7 March 2025 outlining the scope of your request
• The provisions of the FOI Act including s 24A
• The FOI Guidelines published under 93A of the FOI Act, particularly parts 3.89 to
3.94 regarding sufficiency of search
• Consultations with officers of relevant business areas of the NDIA
Based on the search results from the relevant business areas and consultation with subject
matter experts, I am satisfied that documents relevant to the scope of your request do not
exist.
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.
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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
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:
Onli
ne: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone: 1300 363 992 (local cal 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 wil 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 cal 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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