Our reference: FOI 24/25-1592 (LEXD 18)
GPO Box 700
Canberra ACT 2601
1800 800 110
27 June 2025
ndis.gov.au
Gemma Jones
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Gemma Jones
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 21 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 following documents:
“…I am requesting access to all documents, guidelines, policies, assessment tools, and
internal communications relating to the determination and approval of funding for dietetic
supports for NDIS participants." …”
Request Consultation
On 29 May 2025, we wrote to you and advised that your request did not satisfy section
15(2)(b) of the FOI Act, as the terms of your request were too broad, and we were unable to
identify the specific documents sought. In our email we sought further information from you
about the documents you were requesting access to. However, I did not receive a response
from you.
As a result, on 12 June 2025, I sent you an email with a letter initiating a consultation
process under section 24AB of the FOI Act. In my letter I advised you that I intended to
refuse access to your request on the grounds that processing your request would
unreasonably and substantially divert the Agency’s resources from its other operations. My
letter, which I have attached separately from this decision notice, detailed the reasons for my
view.
To date, I have not received a response from you and have continued to process your
request based on your original scope.
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 21 March 2025, the original due date
for your request was 20 April 2025.
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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.
Details are set out in
Attachment B to this letter.
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 your request pursuant to section 24(1)(b) of the FOI Act on the
grounds that a practical refusal reason exists as per 24AA(1)(a)(i).
Reason for Decision
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 a
t 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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link to page 3
Attachment A
Statement of Reasons
FOI 24/25-1592
_________________________________________________________________________
Practical refusal reason
Relevant law – s24AA
A practical refusal reason exists in relation to a request for documents if the work involved in
processing the request would substantially and unreasonably divert the resources of the
agency from its other operatio
ns1.
In determining whether processing the request would substantially and unreasonably divert
the agency’s resources, I am required to consider the resources that would have to be used
for the following components:
• identifying, locating or collating the documents within the Agency
• deciding whether to grant, refuse or defer access to a document, including resources
used for examining the document and consulting with any person or body in relation
to the request
• making a copy or an edited copy of the document
• notifying the decision on the request
Upon receipt of your Freedom of Information request, I noted that further clarity was required
from you regarding the scope of your request. On 23 May 2025, I emailed you to confirm the
type of documents you were seeking for this request which you did not respond to.
Searches and advice for documents 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 area and staff to obtain documents within their possession which may fall
within the scope of your FOI request:
• Service Guidance
• Scheme Policy
1 24AA(1)(a)(i) of the FOI Act.
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At the conclusion of my searches, senior staff in the aforementioned business areas advised
that processing your request in its current form would substantially and unreasonably divert
the resources of the NDIA from its other operations due to its broad scope.
Taking the searches and advice into consideration, on 12 June 2025, I wrote to you advising
that, based on the search results, a practical refusal reason existed for this FOI application.
In circumstances where an Agency is considering a practical refusal, it is required to
undertake a request consultation process under section 24AB of the FOI Act. I invited you to
do one of following things within the 14 days consultation period.
• withdraw your request;
• make a revised request; or
• indicate that you do not wish to revise the request (in which case the current scope of
your request will stand).
During this period, I advised that you were welcome to seek assistance in revising your
request, in a way that adequately addresses the practical refusal reason outlined above.
I confirm, to date, I have not received a response from you, and I am satisfied that a practical
refusal reason still exists.
I therefore refuse your request on the basis of a ‘practical refusal reason’ under section
24(1)(b) of the FOI Act.
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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 emai
l xxx@xxxx.xxx.xx or by post:
Freedom of Information Section
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
GPO Box 700
CANBERRA ACT 260
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 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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