FOI 24.25 1610 S55G Revised Decision Notice of Decision.pdf

Our reference: FOI 24/25-1610
OAIC reference: MR25/00850
GPO Box 700
Canberra ACT   2601
1800 800 110
ndis.gov.au
27 May 2025

Emily Lacey
Right to Know

By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Emily Lacey

Freedom of Information request — Notice of revised decision under section 55G of
the Freedom of Information Act 1982

Thank you for your correspondence of 26 March 2025, in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the Freedom of
Information Act 1982 (FOI Act).

The purpose of this letter is to provide you with a revised decision on your request.

Scope of your request
You have requested access to the following documents:

“"1. A complete list of al  "research" documents held by the NDIA Technical Advisory and
Practice Improvement Branch, created between 5 May 2024 and 26 March 2025
(inclusive). Please include the follow details for each item:

- Document title.
- File name.
- Date published/created.
- Version number.
- Whether it is "APPROVED" or "DRAFT"."

Processing period
The original due date for our access decision on your FOI request was 28 April 2025. We
have been experiencing processing delays and were not able to provide you with our
decision by the due date. Consequently, your application was regarded as a deemed refusal
under section 15AC of the FOI Act. We sincerely apologise for this.

We note that you have now applied to the Office of the Australian Information Commissioner
(OAIC) for a review by the Information Commissioner (IC) of our deemed refusal.

Revised decision under section 55G
Section 55G(1)(a) of the FOI Act provides that at any time during an IC review, an Agency
may vary an access refusal decision in favour of the applicant by giving access to
documents in accordance with the request (revised decision).

Section 55G(2) provides that an Agency must notify the IC of the revised decision, and that
decision becomes the decision under review.

Decision on access to documents

1

I am authorised to make decisions under section 23(1) of the FOI Act, including revised
decisions under s55G of that Act. My revised decision on your request and the reasons for
my decision are set out below.

Section 17(1)(c) of the FOI Act provides that an agency can produce a written document
containing the requested information, by the use of a computer or other equipment that is
ordinarily available for retrieving or collating stored information. We have been able to
produce a document containing the information you requested. I have, therefore, treated
your request as if it were a request for access to this document in accordance with section
17(1)(c) of the FOI Act.

I have identified one (1) document, which fall within the scope of your request.

This document was identified by conducting searches of NDIA’s systems, using al
reasonable search terms that could return documents relevant to your request, and
consulting with relevant NDIA staff who could be expected to be able to identify documents
within the scope of the request.

I have decided to grant access to 1 document in full.

In reaching my decision, I took the following into account:
•  your correspondence outlining the scope of your request
•  the nature and content of the documents falling within the scope of your request
•  the FOI Act
•  the FOI Guidelines published under section 93A of the FOI Act
•  the notice of IC review
•  consultation with relevant NDIA staff
•  factors relevant to my assessment of whether or not disclosure would be in the public
interest
•  the NDIA’s operating environment and functions.

Release of documents
The documents for release, as referred to in the Schedule of Documents at Attachment A,
are enclosed.

In accordance with section 55G(2) of the FOI Act, I will be providing the IC with a copy of this
revised decision.

If you determine that you are satisfied with this revised decision and do not require this
decision to be reviewed further by the IC, please let the Agency and the OAIC know.

If you would like clarification on any aspect of my decision, please do not hesitate to contact
me by email at xxx@xxxx.xxx.xx.

Yours sincerely

Kate (KIM627)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
2

Attachment A

Schedule of Documents for FOI 24/25-1610 / MR25/00850

Document
Page
Description
Access Decision
Comments
number
number
1
1
Section 17 Document – TAPIB –
FULL ACCESS
Document created under
Research titles

section 17 of the FOI Act

Date: 14 May 2025

1