OFFICIAL: SENSITIVE
Our reference: FOI 20/21-0843
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
9 September 2021
Shirley
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Shirley
Freedom of Information request – Preliminary assessment of charges
Thank you for your 5 requests of 9 June 2021 and your one request of 13 June 2021, in
which you requested access under the
Freedom of Information Act 1982 (FOI Act) to
documents held by National Disability Insurance Agency (NDIA).
Scope of your request
As per previous correspondence, under section 24(2) of the FOI Act an agency may treat 2
or more requests as a single request if the subject matter is substantially the same;
therefore, as previously advised, we have combined your 6 requests into one request.
The scope of this combined request is:
“ …a copy of the "Risk Management Framework" cited in the NDIA Annual Report 2013-
2014
… a copy of the Charter and/or Terms of Reference for the "Audit and Risk Committee
(ARC) cited in the NDIA Annual Report 2013-2014
… a copy of the "Risk Management Strategy" cited in the NDIA Annual Report 2013-
2014
… details and copies of "Risk Management" consultancies cited in the NDIA Annual
Report 2013-2014
… a copy of the NDIA's "Risk Management Declaration" for end of financial year 2013-
2014, as required by Part 5 of the legislative instrument: National Disability Insurance
Scheme—Risk Management Rules 2013.
…copies of all Audit and Risk Committee (ARC) Minutes of Meeting for the financial year
2013-14, cited in the NDIA 2013-14 Annual Report [1]. This includes all attendees,
agenda, topics and resolutions/outcomes.”
I am an authorised decision maker in relation to your request.
Preliminary Assessment of the Charge
I am advised that the NDIA has in its possession approximately
30 documents containing
an estimated
200 pages relevant to your request.
OFFICIAL: SENSITIVE
1
OFFICIAL: SENSITIVE
In accordance with section 29 of the FOI Act, I have decided that you are liable to pay a
charge for the processing of your request. According to my preliminary assessment, the
charge payable by you amounts to
$340.00, calculated as follows:
Search and retrieval time: 12 hours, at $15.00 per hour:
$180.00
Decision-making time: 8 hours (not including the first 5 hours*), at
$160.00
$20.00 per hour:
TOTAL
$340.00
* Please note that the FOI Act provides that the first 5 hours of decision-making time are free of charge
and this is reflected in the calculation.
Required Action
Within 30 days of receiving this notice, you are required to notify the Agency in writing that
you:
A. agree to pay the charge; or
B. wish to contend that the charge:
has been wrongly assessed; or
should be reduced or not imposed; or
both; or
C. withdraw your freedom of information request.
If you do not provide a written response in accordance with one of Options A, B or C above
within 30 days of receiving this notice, your request wil be taken to have been withdrawn
under subsection 29(2) of the FOI Act.
Alternatively, you may wish to further revise the scope of your request, which is likely to
reduce the amount of charges payable in order to process the request. If you would like to
discuss this, please contact me for assistance.
Further information on options A, B and C is set out below.
Option A – pay the charge
As the charge exceeds $100, you are required to pay a deposit of
$85.00, which is 25% of
the total amount, within 30 days of receiving this notice. Alternatively, you may elect to pay
the charge in full at this point.
If you wish to pay the charge please notify me as soon as possible, so I can raise an invoice
to facilitate your payment by cheque or electronic funds transfer.
Option B – seek reduction or non-imposition of the charge
It is open to you to contend that the charge has been wrongly assessed, or should be
reduced or not imposed.
Section 29(5) of the FOI Act provides that, in deciding whether to reduce or not to impose a
charge, the decision-maker must take into account any relevant reasons. Such reasons
include whether payment of the charge, or part of it, would cause you financial hardship, and
whether the giving of access to the documents is in the general public interest or in the
interest of a substantial section of the public.
If you wish to contend that the charge has been wrongly assessed or should be reduced or
not imposed, please set out your reasons and the evidence in support of your reasons as
clearly as possible. If you believe that payment of the charge would cause you financial
hardship, please provide sufficient details of your financial circumstances to enable the
decision-maker to make a well-informed decision in this regard.
OFFICIAL: SENSITIVE
2
OFFICIAL: SENSITIVE
Option C – withdraw your request
If you wish to withdraw your request, you may do so in writing. No charges wil be payable if
your request is withdrawn at this stage.
Time limits for processing your request
Section 31 of the FOI Act provides that where a notice is sent to an applicant regarding the
payment of a charge in respect of a request, the time limit for processing the request is
suspended from the date the notice is received until either:
• the day following payment of the charge (in full or the required deposit); or
• if applicable, the day following the notification to the applicant of a decision not to
impose the charge.
Address for correspondence
Please send all correspondence regarding your request by email to me at
xxx@xxxx.xxx.xx
or by post to:
Freedom of Information Section
Parliamentary, Ministerial & FOI Branch
Communications & Engagement Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Attachment A to this letter contains excerpts of the relevant provisions of the FOI Act.
Third Party Consultation
As your request includes documents which contain information about the business,
commercial or financial affairs of an organisation, or a person’s business or professional
affairs, we are required to consult with the person or organisation concerned before making
a decision on the release of the documents.
For this reason, the timeframe for processing your request has been extended by 30-days,
to allow us time to consult with that person or organisation.
If you have any questions about this matter, please do not hesitate to contact me at
xxx@xxxx.xxx.xx
Yours sincerely
Carolyn
Assistant Director FOI
Parliamentary, Ministerial & FOI Branch
Government Division
OFFICIAL: SENSITIVE
3
OFFICIAL: SENSITIVE
Attachment A — Relevant provisions of FOI Act and Regulations
FOI Act
Section 11C - Publication of information in accessed documents
Scope
(1) This section applies to information if an agency or Minister gives a person access to a
document under section 11A containing the information, except in the case of any of the
following:
(a) personal information about any person, if it would be unreasonable to publish the
information;
(b) information about the business, commercial, financial or professional affairs of any
person, if it would be unreasonable to publish the information;
(c) other information of a kind determined by the Information Commissioner under
subsection (2), if it would be unreasonable to publish the information;
(d) any information, if it is not reasonably practicable to publish the information under
this section because of the extent of any modifications to a document (or documents)
necessary to delete information mentioned in paragraphs (a) to (c).
(2) The Information Commissioner may, by legislative instrument, make a determination for
the purposes of paragraph (1)(c).
Publication
(3) The agency, or the Minister, must publish the information to members of the public
generally on a website by:
(a) making the information available for downloading from the website; or
(b) publishing on the website a link to another website, from which the information can
be downloaded; or
(c) publishing on the website other details of how the information may be obtained.
(4) The agency may impose a charge on a person for accessing the information only if:
(a) the person does not directly access the information by downloading it from the
website (or another website); and
(b) the charge is to reimburse the agency for a specific reproduction cost, or other
specific incidental costs, incurred in giving the person access to that particular
information.
(5) If there is a charge for accessing the information, the agency or Minister must publish
details of the charge in the same way as the information is published under this section.
Time limit for publication
(6) The agency or Minister must comply with this section within 10 working days after the
day the person is given access to the document.
(7) In this section:
working day means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the place where the function of publishing the information under
this section is to be performed.
Section 29 Charges
(1) Where, under the regulations, an agency or Minister decides that an applicant is liable to
pay a charge in respect of a request for access to a document, or the provision of access
to a document, the agency or Minister must give to the applicant a written notice stating:
(a) that the applicant is liable to pay a charge; and
(b) the agency’s or Minister’s preliminary assessment of the amount of the charge, and
the basis on which the assessment is made; and
OFFICIAL: SENSITIVE
4
OFFICIAL: SENSITIVE
(c) that the applicant may contend that the charge has been wrongly assessed, or
should be reduced or not imposed; and
(d) the matters that the agency or Minister must take into account under subsection (5)
in deciding whether or not to reduce, or not impose, the charge; and
(e) the amount of any deposit that the agency or Minister has determined, under the
regulations, that the applicant wil be required to pay if the charge is imposed; and
(f) that the applicant must, within the period of 30 days, or such further period as the
agency or Minister allows, after the notice was given, notify the agency or Minister in
writing:
(i) of the applicant’s agreement to pay the charge; or
(ii) if the applicant contends that the charge has been wrongly assessed, or should be
reduced or not imposed, or both—that the applicant so contends, giving the
applicant’s reasons for so contending; or
(iii) that the applicant withdraws the request for access to the document concerned;
and
(g) that if the applicant fails to give the agency or Minister such a notice within that
period or further period, the request for access to the document wil be taken to have
been withdrawn.
(2) If the applicant fails to notify the agency or Minister in a manner mentioned in
paragraph (1)(f) within the period or further period mentioned in that paragraph, the
applicant is to be taken to have withdrawn the request for access to the document
concerned.
(3) An agency or Minister must not impose a charge in respect of a request for access to a
document, or the provision of access to a document, until:
(a) the applicant has notified the agency or Minister in a manner mentioned in
paragraph (1)(f); or
(b) the end of the period or further period mentioned in that paragraph.
(4) Where the applicant has notified the agency or Minister, in a manner mentioned in
subparagraph (1)(f)(i ), that the applicant contends that the charge should be reduced or
not imposed, the agency or Minister may decide that the charge is to be reduced or not
to be imposed.
(5) Without limiting the matters the agency or Minister may take into account in determining
whether or not to reduce or not to impose the charge, the agency or Minister must take
into account:
(a) whether the payment of the charge, or part of it, would cause financial hardship to
the applicant, or to a person on whose behalf the application was made; and
(b) whether the giving of access to the document in question is in the general public
interest or in the interest of a substantial section of the public.
(6) If the applicant has notified the agency or Minister in the manner mentioned in
subparagraph (1)(f)(i ), the agency or Minister must take all reasonable steps to enable
the applicant to be notified of the decision on the amount of charge payable as soon as
practicable but in any case no later than 30 days after the day on which the applicant so
notified the agency or Minister.
(7) If:
(a) that period of 30 days has elapsed since the day on which the agency or Minister
was so notified; and
(b) the applicant has not received notice of a decision on the amount of charge payable;
the principal officer of the agency, or the Minister, as the case requires, is, for all
purposes of this Act, taken to have made, on the last day of the period, a decision to
the effect that the amount of charge payable is the amount equal to the agency’s or
Minister’s preliminary assessment of the amount of the charge mentioned in
paragraph (1)(b).
(8) If:
(a) the applicant makes a contention about a charge as mentioned in subsection (4);
and
OFFICIAL: SENSITIVE
5
OFFICIAL: SENSITIVE
(b) the agency or Minister makes a decision to reject the contention, in whole or in part;
the agency or Minister, as the case requires, must give the applicant written notice of the
decision and of the reasons for the decision.
Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement
of reasons.
(9) A notice under subsection (8) must also state the name and designation of the person
making the decision and give the applicant appropriate information about:
(a) his or her rights with respect to review of the decision; and
(b) his or her rights to make a complaint to the Information Commissioner in relation to
the decision; and
(c) the procedure for the exercise of those rights;
including (where applicable) particulars of the manner in which an application for internal
review (Part VI) and IC review (Part VII) may be made.
(10) Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to
a decision referred to in subsection (8).
(11) A notice under subsection (8) is not required to contain any matter that is of such a
nature that its inclusion in a document of an agency would cause that document to be an
exempt document.
31 Decision to impose charge—extended period for processing request
Scope
(1) This section applies if:
(a) on a particular day (the charge notice day) an applicant in relation to a request
receives a notice under subsection 29(1) or (6) to the effect that the applicant is liable
to pay a charge in respect of the request; and
(b) the notice is received before the end of the period (the processing period)
applicable under paragraph 15(5)(b) in relation to the request (or that period as
extended).
Processing period to be calculated disregarding period when charge unpaid
(2) In working out the length of the processing period (or that period as extended) for the
purposes of paragraph 15(5)(b), disregard the number of days in the period starting on
the charge notice day and ending on the earliest occurring of the following days:
(a) the day the applicant pays the amount of the charge (or a deposit on account of the
charge prescribed by the regulations), whether or not the decision to impose the
charge has been considered under section 29, or is the subject of a review under this
Act;
(b) if the amount of the charge is changed under section 29, or following a review under
this Act—the day the applicant pays the amount of the charge (or a deposit on
account of the charge prescribed by the regulations) as changed following the
review;
(c) if, under section 29, or following a review under this Act, a decision is made with the
effect that the charge is not imposed—the day the applicant is notified of the
decision.
Note: A decision under section 29 relating to the imposition of a charge or the amount of a charge
may be the subject of an internal review (see Part VI), an IC review (see Part VII) or review by the
Tribunal (see Part VIIA).
Freedom of Information (Charges) Regulation 2019
Regulation 6 Charges
Subject to this Part, for the purposes of section 94 of the Act:
(a) the charges set out in Part 1 of Schedule 1 apply in respect of a request for
access to a document of an agency or an official document of a Minister; and
(b) the charges set out in Part 2 of Schedule 1 apply in respect of the provision of
access to a document of an agency or an official document of a Minister.
OFFICIAL: SENSITIVE
6
OFFICIAL: SENSITIVE
Note: Since the Act defines
request as an application made under subsection 15(1) of the Act,
paragraph (a) of this section does not apply to an application under section 54 or 54A of the Act
(about internal review).
Regulation 8 Decision by agency or Minister that applicant liable to pay
charge
If an applicant requests access to a document of an agency or an official document
of a Minister, the relevant agency or relevant Minister may make either or both of the
following decisions:
(a) a decision that the applicant is liable to pay a charge in respect of the request
for access to the document;
(b) a decision that the applicant is liable to pay a charge in respect of the
provision of access to the document.
Note 1: The relevant agency or relevant Minister must have regard to the objects of the Act in
deciding whether to make either or both of the decisions under this section.
Note 2: If the relevant agency or relevant Minister makes a decision under this section, the relevant
agency or relevant Minister must notify the applicant in writing, see section 29
Regulation 11 Charge to be paid before access to documents is given
(1) For the purposes of paragraph 11A(1)(b) of the Act, any charge in respect of the
request for access to a document or the provision of access to a document is
required to be paid before access is given.
(2) Subsection (1) does not apply to a charge of the kind referred to in item 1 or 2 of
the table in clause 2 of Schedule 1 unless the charge is payable in an amount
that was fixed under section 9 because of the circumstance referred to in
paragraph 9(1)(c).
Regulation 12 Deposits
(1) If:
(a) an agency or Minister decides that an applicant is liable to pay a charge in
respect of:
(i) a request for access to a document; or
(ii) the provision of access to a document; and
(b) the agency’s or Minister’s preliminary assessment of the amount of the charge
exceeds $25;
the agency or Minister may determine that the applicant is required to pay a deposit
on account of the charge and the amount of that deposit.
Note: The applicant must be notified of the amount of the deposit, see paragraph 29(1)(e) of the Act.
Amount of deposit
(2) The amount of the deposit must not exceed:
(a) if the preliminary assessment of the amount of the charge exceeds $25 but
does not exceed $100—$20; or
(b) if the preliminary assessment of the amount of the charge exceeds $100—
25% of the amount of the charge.
Refund of deposit
(3) The agency or Minister must refund any deposit paid by the applicant on account
of the charge if:
(a) the agency or Minister decides under section 29 of the Act not to impose the
charge; or
(b) section 7 applies in respect of the request for access to the document.
OFFICIAL: SENSITIVE
7
OFFICIAL: SENSITIVE
(4) If:
(a) the applicant pays a deposit on account of the charge; and
(b) the amount of the deposit exceeds the amount of the charge;
the agency or Minister must refund the excess.
Schedule 1—Charges
Part 1—Charges applicable in respect of a request for
access to a document
1 Charges applicable in respect of a request for access to a document
The following table sets out charges that apply in respect of a request for access to a
document of an agency or an official document of a Minister.
Charge applicable in respect of a request for access to a document
Item
Charge
Amount or rate of
charge
1
If the request relates to a document of an agency, or an official
$15.00 per hour
document of a Minister, other than a document in relation to which
a charge under item 2 of this table applies—a charge in respect of
the time spent by the relevant agency or the relevant Minister in
searching for, or retrieving, the document
2
If the request to an agency is in respect of information that is not
an amount not
available in a discrete form in documents of the agency—a charge exceeding the actual
in respect of the production of a document containing the
cost incurred by the
information in discrete form by the use of a computer or other
relevant agency in
equipment that is ordinarily available to the agency for retrieving
producing the
or collating stored information
document
3
If:
$4.40 per page of
(a) the request relates to a document of an agency, or an official
transcript
document of a Minister, by which words are recorded in a
manner in which they are capable of being reproduced in the
form of sound or in which words are contained in the form of
shorthand writing or in codified form; and
(b) a written transcript of the words recorded or contained in the
document is produced for the purposes of making a decision
on the request;
a charge in respect of the production of the written transcript
4
A charge in respect of the time that is spent by the relevant
$20 for each hour
agency or relevant Minister in deciding whether to grant, refuse or after the first 5 hours
defer access to the document or to grant access to a copy of the
document with deletions, including time spent:
(a) in examining the document; or
(b) in consultation with any person or body; or
(c) in making a copy with deletions; or
(d) in notifying any interim or final decision on the request
OFFICIAL: SENSITIVE
8
OFFICIAL: SENSITIVE
Part 2—Charges applicable in respect of the provision of
access to a document
2 Charges applicable in respect of the provision of access to a document
The following table sets out charges that apply in respect of the provision of access
to a document of an agency or an official document of a Minister.
Charges applicable in respect of the provision of access to a document
Item
Charge
Amount or rate of
charge
1
If access to a document of an agency is given:
The following:
(a) in the form of an opportunity for the applicant to inspect the (a) if the period is 30
document under the supervision of an officer; or
minutes or less—
(b) in the case of a document that is an article or thing from
$6.25;
which sounds or visual images are capable of being
(b) if the period exceeds
reproduced—in the form of arrangements for the applicant
30 minutes—$6.25
to hear or view those sounds or visual images under the
for each 30 minutes
supervision of an officer;
and any additional
a charge in respect of the period during which the officer
period not exceeding
supervises that access
30 minutes included
in the period
2
If access to an official document of a Minister is given:
The following:
(a) in the form of an opportunity for the applicant to inspect the (a) if the period is 30
document under the supervision of an officer of an agency
minutes or less—
or of a person employed as a member of staff of the
$6.25;
Minister under section 13 or 20 of the
Members of
(b) if the period exceeds
Parliament (Staff) Act 1984; or
30 minutes—$6.25
(b) in the case of a document that is an article or thing from
for each 30 minutes
which sounds or visual images are capable of being
and any additional
reproduced—in the form of arrangements for the applicant
period not exceeding
to hear or view those sounds or visual images under the
30 minutes included
supervision of an officer of an agency or of a person
in the period
employed as a member of staff of the Minister under
section 13 or 20 of the
Members of Parliament (Staff) Act
1984;
a charge in respect of the period during which the officer, or
the person employed as a member of staff of the Minister,
supervises that access
3
If:
The following:
(a) the request relates to a document other than a document
(a) for a copy (other than
that:
a photocopy)—$4.40
(i) is produced for the purposes of the request by an
per page;
agency by the use of a computer or other equipment
(b) for a photocopy—10
that is ordinarily available to the agency for retrieving
cents per page
or collating stored information; or
(i ) is produced for the purposes of the request by an
agency by the making of a transcript from a
document held in the agency, being a document by
which words are recorded in a manner in which they
are capable of being reproduced in the form of sound
OFFICIAL: SENSITIVE
9
OFFICIAL: SENSITIVE
Charges applicable in respect of the provision of access to a document
Item
Charge
Amount or rate of
charge
or in which words are contained in the form of
shorthand writing or in codified form; or
(i i) is an article or thing from which sounds or visual
images are capable of being produced; and
(b) access to the document is given in the form of the provision
of a copy of the document;
a charge in respect of the number of pages of the copy
provided to the applicant
4
If:
an amount not
(a) the request made to an agency is in respect of information
exceeding the actual
that is available in discrete form in a document produced
costs incurred by the
(whether for the purposes of the request or not) by the use
relevant agency in
of a computer or other equipment that is ordinarily available producing a copy of the
to the agency for retrieving or collating stored information;
document
and
(b) deletions are made from the document before access to it
is given to the applicant; and
(c) it is not reasonably practicable to make those deletions
otherwise than by the use of a computer or other equipment
referred to in paragraph (a);
a charge in respect of the production by the computer or other
equipment of a copy of the document with those deletions
5
A charge for the production by an agency of a copy of a
an amount not
document in the form of a computer tape or a computer disk
exceeding the actual
costs incurred by the
relevant agency in
producing a copy of the
document
6
If:
an amount not
(a) the request relates to a document that is an article or thing
exceeding the actual
from which sounds or visual images are capable of being
costs incurred by the
produced; and
relevant agency or
(b) access to the document is given in the form of
relevant Minister in
arrangements for the applicant to hear or view those
respect of the
sounds or visual images;
arrangements
a charge in respect of the arrangements made other than any
arrangements in respect of which a charge is applicable under
item 1 or 2 of this table
7
If:
an amount not
(a) the request relates to a document that is an article or thing
exceeding the actual
from which sounds or visual images are capable of being
costs incurred by the
produced; and
relevant agency or
(b) access is given in the form of the provision of a copy of the relevant Minister in
document;
producing the copy
a charge in respect of the production of the copy
8
If:
$4.40 per page of
(a) the request relates to a document by which words are
transcript
recorded in a manner in which they are capable of being
reproduced in the form of sound or in which words are
contained in the form of shorthand writing or in codified
form; and
OFFICIAL: SENSITIVE
10
OFFICIAL: SENSITIVE
Charges applicable in respect of the provision of access to a document
Item
Charge
Amount or rate of
charge
(b) access is given in the form of the provision of a written
transcript (with or without deletions) of the words recorded
or contained in the document; and
(c) the applicant has not paid, or is not liable to pay, as a
charge in respect of the request for access to the
document, a charge in respect of the production of such a
written transcript;
a charge in respect of the production of the written transcript
9
If:
an amount not
(a) access to the document to which the request relates is to
exceeding the actual
be given in the form of the provision of a copy of the
costs incurred by the
document; and
relevant agency or
(b) the copy is, at the applicant’s request, to be sent by post or relevant Minister for the
delivered to the applicant;
postage or delivery of
a charge in respect of the postage or delivery of the copy
the copy
OFFICIAL: SENSITIVE
11
Document Outline
