Our reference: FOI 20/21-0657
GPO Box 700
Canberra ACT 2601
1800 800 110
10 June 2021
ndis.gov.au
Ben Fairless
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ben Fairless
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 15 April 2021, in which you requested 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 documents about the National Disability Insurance Scheme
(NDIS). Specifical y, you requested access to:
“…al documents related to the message played prior to a cal being connected that
refers to treating al staff members with respect.
This would include, but not be limited to, internal communication prior to the message
being created and internal communication about the message wording and why it was
created.”
On 3 May 2021, we formal y consulted with you under section 24AB of the FOI Act, as the
scope of your request did not satisfy section 15(2)(b) of the Act, as it did not provide enough
information about the documents sought as reasonably necessary for an officer to undertake
searches.
On the same day, you responded to our correspondence and revised the scope of your
request to be for the fol owing documents:
“When cal ing the NDIA, a recorded announcement is played that refers to treating al
staff members with respect. There should be documents from the relevant line area that
indicate who requested that recorded announcement, any discussion internal y about the
recorded announcement, and who approved it being added to the phone system.”
In order to continue to undertake searches and respond to your request, we requested an
extension of time of 30 days from the Office of the Australian information Commissioner,
under section 15AC of the FOI Act, as a result, the new due date to respond to your request
for information is 15 June 2021.
Decision on access to documents
I am authorised to make decisions under the FOI Act. My decision on your request and the
reasons for my decision are set out below.
1
I have identified 60 documents (including attachments), which fal within the scope of your
request.
The documents were 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 2 documents in ful ;
refuse access to 58 documents in ful .
In reaching my decision, I took into account the fol owing materials:
your correspondence outlining the scope of your request;
the nature and content of the documents fal ing within the scope of your request;
the FOI Act;
the FOI Guidelines;
relevant case law concerning the operation of the FOI Act;
consultation with relevant NDIA staff;
factors relevant to my assessment of whether or not disclosure would be in the public
interest; and
the NDIA’s operating environment and functions.
Reasons for decisions
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have decided that documents fal ing within the scope of your request contain material that
is exempt from disclosure under the FOI Act.
I have also identified that documents fal ing within the scope of your request contain material
that is irrelevant to your request. The irrelevant material relates to names and contact details
of NDIA staff.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt and irrelevant material from the documents and have concluded that it is
reasonably practicable to do so. Accordingly, I have prepared an edited copy of the
documents with the exempt and irrelevant material removed.
Deliberative processes (section 47C)
Section 47C of the FOI Act conditional y exempts a document if its disclosure would disclose
deliberative matter in the nature of, or relating to, opinion, advice or recommendation
obtained, prepared or recorded, or consultation or deliberation that has taken place, in the
course of, or for the purposes of, the deliberative processes involved in the functions of an
agency.
Documents within the scope of your request contain deliberative matter in the form of
opinion, advice and recommendations recorded in the course of assisting NDIA decision-
makers to reach a decision regarding changes proposed and implemented by the external
company who manages the Agency’s National Cal Centre in relation to its IVR system.
As provided the FOI Guidelines, the deliberative processes involved in the functions of an
agency are its thinking processes.
Where the documents contain factual material, I have, to the extent possible, released al of
the purely factual material in the document in accordance with the FOI Act.
2
I am satisfied that the information redacted is conditional y exempt under section 47C of the
FOI Act.
Personal privacy (section 47F)
Section 47F of the FOI Act conditional y exempts a document if its disclosure would involve
the unreasonable disclosure of personal information about any person (including a deceased
person).
I have identified material in the documents fal ing within scope of your request which
contains personal information of third parties.
Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents
would involve unreasonable disclosure of personal information, regard must be had to:
a. the extent to which the information is wel known;
b. whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources; and
d. any other matters that the agency considers relevant.
Against these criteria, I take the view that:
a. it is apparent from the information that an individual is identifiable; and
b. the information referred to above is not readily available from publicly accessible
sources.
With reference to the assessment above, it would be unreasonable to disclose publicly this
personal information and is therefore conditional y exempt under section 47F(1) of the FOI
Act.
Business Information (section 47G)
Some documents fal ing within scope of your request contain information that is conditional y
exempt from release under section 47G of the FOI Act.
Section 47G of the FOI Act conditional y exempts a document if its disclosure would disclose
information concerning a person in respect of their business or professional affairs or
concerning the business, commercial or financial affairs of an organisation or undertaking, in
which the disclosure of the information:
would or could reasonably be expected to, unreasonably affect that person adversely in
respect of their lawful business or professional affairs of that organisation or undertaking
in respect of its lawful business, commercial or financial affairs; or
could reasonably be expected to prejudice the future supply of information to the
Commonwealth or an agency for the purpose of the administration of a law of the
Commonwealth or of a Territory or the administration of matters administered by an
agency.
The information that is conditional y exempt includes sensitive business details of a third
party that were provided to the Agency in confidence with an expectation that they would not
be disclosed further.
I am satisfied that the disclosure of this information could unreasonably and adversely affect
the business affairs of a third party and affect any potential or current business relationship
with the Agency.
Public interest considerations – sections 47C, 47F and 47G
3
Under the FOI Act, access to a document covered by a conditional exemption must be
provided unless disclosure would be contrary to the public interest.
After considering the public interest factors outlined in section 11B(3) of the FOI Act, I have
determined that disclosure of the material identified as subject to conditional exemptions
would provide access to information relating to the applicant. However, I have considered
that:
disclosure of the information would not contribute to the publication of information of
sufficient public interest to justify the likely harm caused by release;
disclosure of the information would not enhance Australia’s representative democracy in
the ways described in section 11B(3) of the FOI Act; and
disclosure of the information would not inform any debate on a matter of public
importance or promote oversight of public expenditure.
While there is limited public interest in the disclosure of information conditional y exempt
under sections 47C, 47F and 47G, the harm that would result from disclosure is that it could
reasonably be expected to:
hinder the Agency’s thinking processes and the ability of Agency decision-makers to
comply with their obligations and make informed decisions, which, in turn, helps to
ensure the integrity of the National Disability Insurance Scheme;
prejudice the ability of the NDIA to provide guidance to staff and to decision makers
regarding the development and implementation of internal changes and processes within
NDIA;
affect an individual’s right to privacy by having their personal information in the public
domain; and
compromise the business or professional affairs of a third party and interfere with their
ability to undertake their lawful business.
In summary, I am satisfied that the factors against disclosure of the information outweigh the
factors in favour of disclosure and that, on balance, it would be contrary to the public interest
to release this information to you.
Release of documents
The documents for release, as referred to in the Schedule of Documents at Attachment A,
are enclosed.
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
Ausilia Woodhead
Assistant Director, FOI
Parliamentary, Ministerial & FOI Branch
Government Division
4
Attachment A
Schedule of Documents for FOI 20/21-0657
Document
Page
Description
Access Decision
Comments
number
number
1
-
Email
REFUSED ACCESS
Subject: RE: NCC 1800 IVR Restructure -
Exemption claimed:
Draft Email for Ian F
s47C – deliberative processes
Date: 10/12/2019
2
-
Email
REFUSED ACCESS
Subject: FW: NCC 1800 IVR Restructure -
Exemption claimed:
Draft Email for Ian F
s47C – deliberative processes
Date: 10/12/2019
3
-
Email
REFUSED ACCESS
Subject: RE: Quick check please
Exemption claimed:
Date: 17/01/2020
s47C – deliberative processes
3.1
-
Attachment to Document 3
REFUSED ACCESS
Email
Exemptions claimed:
Subject: RE: Serco IVR Restructure
s47C – deliberative processes
Proposal
s47F – personal privacy
Date: 05/12/2019
s47G – business information
3.1.1
-
Attachment to Document 3.1
REFUSED ACCESS
IVR Restructure Proposal – Updated.pdf
Exemptions claimed:
s47C – deliberative processes
s47G – business information
4
-
Email
REFUSED ACCESS
Subject: RE: Quick chat please
Exemption claimed:
Date: 17/01/2020
s47C – deliberative processes
5
Document
Page
Description
Access Decision
Comments
number
number
5
-
Email
REFUSED ACCESS
Subject: Serco IVR Restructure Proposal
Exemptions claimed:
Date: 09/10/2019
s47C – deliberative processes
s47F – personal privacy
s47G – business information
6
-
Email
REFUSED ACCESS
Subject: RE: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 09/10/2019
s47F – personal privacy
s47G – business information
7
-
Email
REFUSED ACCESS
Subject: FW: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 09/10/2019
s47F – personal privacy
s47G – business information
8
-
Email
REFUSED ACCESS
Subject: RE: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 09/10/2019
s47F – personal privacy
s47G – business information
9
-
Email
REFUSED ACCESS
Subject: FW: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 09/10/2019
s47F – personal privacy
s47G – business information
6
Document
Page
Description
Access Decision
Comments
number
number
10
-
Email
REFUSED ACCESS
Subject: FW: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 09/10/2019
s47F – personal privacy
s47G – business information
11
-
Email
REFUSED ACCESS
Subject: IVR Restructure
Exemptions claimed:
Date: 12/11/2019
s47C – deliberative processes
s47F – personal privacy
s47G – business information
12
-
Email
REFUSED ACCESS
Subject: FW: IVR Restructure
Exemptions claimed:
Date: 15/11/2019
s47C – deliberative processes
s47F – personal privacy
s47G – business information
13
-
Email
REFUSED ACCESS
Subject: FW: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 20/11/2019
s47F – personal privacy
s47G – business information
14
-
Email
REFUSED ACCESS
Subject: FW: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 20/11/2019
s47F – personal privacy
s47G – business information
7
Document
Page
Description
Access Decision
Comments
number
number
14.1
-
Attachment to Document 14
REFUSED ACCESS
IVR Restructure Proposal – Updated.pdf
Exemptions claimed:
s47C – deliberative processes
s47G – business information
15
-
Email
REFUSED ACCESS
Subject: FW: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 20/11/2019
s47F – personal privacy
s47G – business information
16
-
Email
REFUSED ACCESS
Subject: NCC 1800 number - IVR Changes
Exemption claimed:
Date: 22/11/2019
s47C – deliberative processes
17
-
Email
REFUSED ACCESS
Subject: FW: NCC 1800 number - IVR
Exemption claimed:
Changes
s47C – deliberative processes
Date: 22/11/2019
18
-
Email
REFUSED ACCESS
Subject: RE: NCC 1800 number - IVR
Exemption claimed:
Changes
s47C – deliberative processes
Date: 22/11/2019
19
-
Email
REFUSED ACCESS
Subject: RE: NCC 1800 number - IVR
Exemption claimed:
Changes
s47C – deliberative processes
Date: 22/11/2019
8
Document
Page
Description
Access Decision
Comments
number
number
20
-
Email
REFUSED ACCESS
Subject: FOR ADVICE/ACTION: NCC IVR
Exemption claimed:
messaging update
s47C – deliberative processes
Date: 26/11/2019
21
-
Email
REFUSED ACCESS
Subject: RE: FOR ADVICE/ACTION: NCC
Exemption claimed:
IVR messaging update
s47C – deliberative processes
Date: 27/11/2019
22
-
Email
REFUSED ACCESS
Subject: NCC 1800 IVR Restructure - Draft
Exemption claimed:
Email for Ian F
s47C – deliberative processes
Date: 05/12/2019
23
-
Email
REFUSED ACCESS
Subject: RE: Serco IVR Restructure
Exemption claimed:
Proposal
s47C – deliberative processes
Date: 05/12/2019
24
-
Email
REFUSED ACCESS
Subject: RE: NCC 1800 IVR Restructure -
Exemption claimed:
Draft Email for Ian F
s47C – deliberative processes
Date: 06/12/2019
25
-
Email
REFUSED ACCESS
Subject: FW: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 05/12/2019
s47F – personal privacy
s47G – business information
9
Document
Page
Description
Access Decision
Comments
number
number
26
-
Email
REFUSED ACCESS
Subject: RE: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 06/12/2019
s47F – personal privacy
s47G – business information
27
-
Email
REFUSED ACCESS
Subject: RE: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 06/12/2019
s47F – personal privacy
s47G – business information
28
-
Email
REFUSED ACCESS
Subject: RE: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 06/12/2019
s47F – personal privacy
s47G – business information
29
-
Email
REFUSED ACCESS
Subject: RE: Serco IVR Restructure
Exemptions claimed:
Proposal
s47C – deliberative processes
Date: 09/12/2019
s47F – personal privacy
s47G – business information
29.1
-
Attachment to Document 29
REFUSED ACCESS
IVR Restructure Proposal – Updated
Exemptions claimed:
V1.3.pdf
s47C – deliberative processes
s47G – business information
10
Document
Page
Description
Access Decision
Comments
number
number
30
-
Email
REFUSED ACCESS
Subject: RE: NCC 1800 IVR Restructure -
Exemption claimed:
Draft Email for Ian F
s47C – deliberative processes
Date: 09/12/2019
31
-
Email
REFUSED ACCESS
Subject: NCC 1800 IVR Restructure - Draft
Exemption claimed:
Email for Ian F
s47C – deliberative processes
Date: 09/12/2019
32
-
Email
REFUSED ACCESS
Subject: RE: NCC 1800 IVR Restructure -
Exemption claimed:
Draft Email for Ian F
s47C – deliberative processes
Date: 09/12/2019
33
-
Email
REFUSED ACCESS
Subject: RE: FOR REVIEW: Updated IVR
Exemption claimed:
messaging
s47C – deliberative processes
Date: 10/02/2020
33.1
-
Attachment to Document 33
REFUSED ACCESS
Telephony queue and Interactive Voice
Exemption claimed:
Response (IVR).docx
s47C – deliberative processes
34
-
Email
REFUSED ACCESS
Subject: ICT Service Desk - NCC
Exemptions claimed:
Assistance
s47C – deliberative processes
Date: 10/02/2020
35
-
Email
REFUSED ACCESS
Subject: RE: Updated IVR and the Intranet
Exemption claimed:
Date: 11/02/2020
s47C – deliberative processes
11
Document
Page
Description
Access Decision
Comments
number
number
36
-
Email
REFUSED ACCESS
Subject: Reviewed drafts Updated IVR and
Exemption claimed:
the Intranet
s47C – deliberative processes
Date: 12/02/2020
36.1
-
Attachment to Document 36
REFUSED ACCESS
Draft NCC Telephony queue and Interactive
Exemption claimed:
Voice Response (IVR).docx
s47C – deliberative processes
36.2
-
Attachment to Document 36
REFUSED ACCESS
Acccessible NCC Telephony queue and
Exemption claimed:
Interactive Voice Response (IVR).docx
s47C – deliberative processes
37
-
Email
REFUSED ACCESS
Subject: Finals Updated IVR doc and
Exemption claimed:
Intranet content
s47C – deliberative processes
Date: 12/02/2020
37.1
Attachment to Document 37
FULL ACCESS
1 -4
NCC Telephony queue and Interactive
Voice Response (IVR).docx; Intranet copy
with Telephony IVR updates 2020.docx
37.2
-
Attachment to Document 37
REFUSED ACCESS
Intranet copy with Telephony IVR updates
Exemption claimed:
2020.docx
s47C – deliberative processes
38
-
Email
REFUSED ACCESS
Subject: Routing of CRM Related
Exemptions claimed:
MySupport Calls to Serco Staff
s47C – deliberative processes
Date: 13/02/2020
12
Document
Page
Description
Access Decision
Comments
number
number
39
-
Email
REFUSED ACCESS
Subject: RE: Routing of CRM Related
Exemptions claimed:
MySupport Cal s to Serco Staff
s47C – deliberative processes
Date: 13/02/2020
s47F – personal privacy
s47G – business information
40
-
Email
REFUSED ACCESS
Subject: Email on IVR Restructure
Exemptions claimed:
Date: 13/02/2020
s47C – deliberative processes
s47F – personal privacy
41
-
Email
REFUSED ACCESS
Subject: RE: Email on IVR Restructure
Exemptions claimed:
Date: 13/02/2020
s47C – deliberative processes
s47F – personal privacy
42
-
Email
REFUSED ACCESS
Subject: RE: Email on IVR Restructure
Exemptions claimed:
Date: 13/02/2020
s47C – deliberative processes
s47F – personal privacy
43
-
Email
REFUSED ACCESS
Subject: Re: Email on IVR Restructure
Exemptions claimed:
Date: 13/02/2020
s47C – deliberative processes
s47F – personal privacy
44
-
Email
REFUSED ACCESS
Subject: RE: Email on IVR Restructure
Exemptions claimed:
Date: 13/02/2020
s47C – deliberative processes
s47F – personal privacy
13
Document
Page
Description
Access Decision
Comments
number
number
45
-
Email
REFUSED ACCESS
Subject: RE: Email on IVR Restructure
Exemptions claimed:
Date: 13/02/2020
s47C – deliberative processes
s47F – personal privacy
46
-
Email
REFUSED ACCESS
Subject: Draft work to date and actions
Exemption claimed:
needed on Tel Queue & IVR intranet and
s47C – deliberative processes
doc updates
Date: 13/02/2020
47
-
Email
REFUSED ACCESS
Subject: RE: Finals Updated IVR doc and
Exemption claimed:
Intranet content
s47C – deliberative processes
Date: 12/02/2020
48
-
Email
REFUSED ACCESS
Subject: RE: Routing of CRM Related
Exemptions claimed:
MySupport Calls to Serco Staff
s47C – deliberative processes
Date: 13/02/2020
s47F – personal privacy
s47G – business information
49
-
Email
REFUSED ACCESS
Subject: Quality Tip of the Day: Updates to
Exemption claimed:
NCC CSO Manual with New IVR details
s47C – deliberative processes
50
5-10
Email
FULL ACCESS
Irrelevant material
Subject: Quality Tip of the Day: Updates to
removed under section
NCC CSO Manual with New IVR details
22 of the FOI Act.
Date: 18/02/2020
14
Document
Page
Description
Access Decision
Comments
number
number
51
-
Email
REFUSED ACCESS
Subject: IVR Restructure
Exemptions claimed:
Date: 12/11/2019
s47C – deliberative processes
s47F – personal privacy
15
Attachment B
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review
will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in
writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review
process, you should clearly outline your grounds for review (that is, the reasons why you
disagree with the decision). Applications for internal review can be lodged by email to
xxx@xxxx.xxx.xx or sent by post to:
Freedom of Information Section
Parliamentary, Ministerial & FOI Branch
Government Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act also 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:
Online:
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
1
