
OFFICIAL
Notice of Decision
REQUEST BY: CLF
REFERENCE:
FOI/2425/062
Freedom of Information Act 1982
Dear CLF,
Freedom of information request ref. FOI/2425/062
1. The purpose of this letter is to give you a decision about access to documents that you requested from the
National Indigenous Australians Agency (NIAA) under the
Freedom of Information Act 1982 (FOI Act).
2. I am an officer authorised by the NIAA’s Chief Executive Officer under section 23(1) of the FOI Act to make
decisions in relation to FOI requests.
Summary
Description
Total
Number of documents that fall within the scope of your request
1
Number of documents to be released to you in full
0
Number of documents to be released to you in part
1
Number of documents exempt from release in full
0
Time frames
3. On 7 March 2025, you requested access to the following:
“[D]ocuments relating to the reported Indigenous participation levels for prime contractors on the AGSVA
External Vetting Panel, specifically:
All Indigenous Participation Plans submitted by prime contractors to NIAA as part of compliance with the
Indigenous Procurement Policy (IPP) and Mandatory Minimum Requirements (MMRs) under the AGSVA
External Vetting Panel contract. Relating to Standing Offer Notice View - SON4076897 on Austender, and
specifically for entites supplied on this notice being;
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Barrington Corporate Risk Pty Limited
ABN: 54 101 991 584
Cogent Business Solutions Pty Ltd
ABN: 44 076 633 200
Connect3i Pty Ltd
ABN: 39 621 200 637
Ernst & Young
ABN: 75 288 172 749
Mitchell Personnel Solutions Pty Ltd
ABN: 53 118 343 801
Omni Executive Pty Ltd
ABN: 31 160 925 413
Sirras Consultants Pty Ltd
ABN: 68 619 212 234
Staff Check Pty Limited
ABN: 99 107 014 942
Quarterly, annual, or final compliance reports submitted by prime contractors to NIAA detailing their actual
Indigenous participation levels post-award.
Any communication between NIAA and AGSVA regarding changes to Indigenous participation reporting for
this contract.
Any directives, memos, or policy guidance issued by NIAA to prime contractors or AGSVA regarding Indigenous
participation obligations for this contract.
I seek this information to assess compliance with Commonwealth procurement regulations and the Indigenous
Procurement Policy (IPP).”
4. On 12 March 2025, the NIAA acknowledged your request and sought confirmation that NIAA staff names and
contact details not in the SES, and personal details of all Commonwealth staff (such as signatures and direct
phone numbers) were not relevant to your request. The same day, you agreed this information was not
relevant to your request.
5. On 31 March 2025, you were advised of a requirement to consult with third parties under sections 27 and
27A of the FOI Act.
6. On 9 April 2025, you were notified of a requirement to pay a charge in respect of your request for access to
documents. You agreed to that charge and we received your deposit of $15.80 on 14 March 2025.
7. A decision in relation to your request is due on 12 May 2025.
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Document searches
8. The NIAA has undertaken searches of relevant agency document management systems for documents within
the scope of your request.
9. Specifically, NIAA advisers with subject-matter knowledge performed comprehensive searches of relevant
systems using key words and the date range provided by you (as set out in paragraph 3 of this notice) for
submitted reports. From this information, the document falling within the scope of your request was created
pursuant to section 17(1) of the FOI Act.
Material taken into account
10. I have taken the following material into account in making my decision:
• the terms of your request
• the acknowledgement sent to you
• document searches undertaken by NIAA advisers
• the content of the documents identified as within scope of your request
• consultation with affected third parties
• consultation with other Government agencies
• consultation with NIAA advisers
• the FOI Act, and
• Guidelines made by the Australian Information Commissioner under section 93A of the FOI Act (FOI
Guidelines).
Decision
11. I have identified one document which I consider to be within the scope of your request, being a document
created under section 17(1) of the FOI Act. I have decided to grant access to the document in part, with
deletions of material on the basis of one specific exemption.
12. I have also decided to refuse part of your request on the basis the documents you requested access to could
not be found (section 24A(1)(b)(i) of the FOI Act) or do not exist (section 24(1)(b)(ii) of the FOI Act).
13. Your
rights to seek review under the FOI Act or submit a complaint are set out in
Attachment A to this notice.
14. The
Schedule of Documents at Attachment B sets out brief information about each document within the
scope of your request and the decision made on each document.
15. The
Statement of Reasons at Attachment C sets out the reasons for my decision to refuse access to part of
the document, as well as information about searches we carried out to locate documents within the scope of
your request.
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Charges
16. The balance of any charges due, if not already settled, must be paid before access can be provided.
17. The preliminary estimate of charges associated with processing your FOI request was $150.80. This amount
includes the first five hours of decision making at no cost. In accordance with Regulation 10 of the
Freedom of
Information (Charges) Regulations 2019 (Charges Regulations), I have calculated the charges that can be
imposed for processing your request.
18. In this case, as I am not providing access to the documents in full, the charges that can be imposed with
respect to the documents I have decided to release to you is $163.00.
19. I consider the charge of $150.80 to be a fair and accurate reflection of the time taken to process your request.
On this basis, I have decided to waive the remaining amount to pay ($12.20) and fixed the charge at $150.80
under Regulation 9 of the Charges Regulations.
20. I have set out the breakdown of charges at
Annexure A.
Paying the outstanding charges
21. As you have already paid the deposit amount of $15.80, you are required to pay the balance of $135.00
before the documents I have decided to grant access to can be released to you.
22. Payment is to be made by Electronic Funds Transfer to the following account:
Account Name: NIAA Official Departmental Account
BSB: 092-009
Account: 14737-5
Reference: FOI/2425/062
Please reference FOI/2425/062 in all forms of payment to ensure it is allocated to your matter
IMPORTANT: Please ensure you advise the FOI Team via email xxx@xxxx.xxx.xx once you have made
payment.
23. Following payment of the outstanding charge $135.00 and expiration of third party review rights, the NIAA
will provide you with the documents I have decided to grant access to.
24. If you do not pay the balance of the charges within 60 days, your FOI request will be taken to have been
withdrawn.
25. Please note the deposit already paid by you is not refundable (section 12(3) of the Charges Regulations).
26. I have set out the breakdown of charges at
Annexure A.
Access to documents
27. Following payment of the outstanding charge the requested documents will be provided to your nominated
email address.
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Questions about this decision
28. If you have any questions about this notice or NIAA’s FOI process, please contact the NIAA’s FOI Coordinator
at:
Email:
xxx@xxxx.xxx.xx
Post:
Freedom of Information Coordinator
National Indigenous Australians Agency
GPO Box 2191
Canberra ACT 2601
Yours sincerely
Shane Dexter
Branch Manager
Business and Economic Policy Branch
2 May 2025
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Annexure A – Notice of Final Charges – FOI/2425/062
Documents
Documents
Total
Number of relevant documents
1
Number of pages
1
Percentage of pages to disclose in full
0
Percentage of pages requiring redaction
1
Search and retrieval processing charges
Task
Time
Cost @ $15/hr
Search and retrieval of relevant electronic and physical files
6:00
90.00
Search and retrieval subtotal (A)
6:00
90.00
Decision making processing charges
Task
Time
Cost @ $20/hr
Examination of documents
0.03
1.00
Redacting pages that are partially disclosed
0.01
0.33
Consultation with third parties
5:00
100.00
Preparation of notice of access decision (Statement of Reasons)
3.30
70.00
Preparation of schedule of documents
0.05
1.67
Decision making subtotal (before deduction of 5 free hours)
8.39
173.00
Decision making subtotal (after deduction of 5 free hours) (B)
3.39
73.00
Total and outstanding amount
Final Processing Charges
Total
Total (A) + (B)
$163.00
Less deposit paid ($15.80)
$147.20
Less amount waived ($12.20)
$135.00
Amount to be paid
$135.00
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