Our reference: FOI 21/22-0034
GPO Box 700
Canberra ACT 2601
1800 800 110
10 September 2021
ndis.gov.au
Shirley
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Shirley
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 8 July 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). Specifically, you requested access to:
“…Please provide a copy of the NDIA Document Storage, Archive and Retrieval Policy
and Procedure. That is, the specific NDIA policy and procedure for the capture,
recording, storage, archiving and retrieval of public information and documents as a
Commonwealth Agency….”
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.
I have identified 5 documents which fall within the scope of your request.
The documents were identified by conducting searches of NDIA’s systems, using all
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 4 documents in full, and one document in part.
In reaching my decision, I took into account the following material:
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;
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.
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Access to edited copies with exempt or irrelevant material deleted (section 22)
I have identified that documents falling within the scope of your request contain material that
is exempt and 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.
Reasons for decision
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act conditionally exempts a document if its disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency.
Documents within the scope of your request contain information relating to certain operations
of the NDIA, specifically information related to the processes, software and systems used by
the NDIA to store documents, data and information.
The disclosure of this information would reveal particular software systems used by the
NDIA, including where and how particular material is stored. The information would reveal
the type of information stored on individual systems or software, and how systems may
interact.
I am satisfied that the release of this information would potentially result in the public disclosure
of internal methodologies that, through improper use, would, or could, lead to bad faith actors
seeking to target or exploit system or software vulnerabilities to gain access to NDIA
information. I am satisfied that this could reasonably be expected to have an adverse effect
on the proper and efficient conduct of the operations of the Agency.
Public interest considerations – section 47E(d)
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 conditionally exempt under
section 47E(d) the harm that would result from disclosure is that it could reasonably be
expected to prejudice the ability of the NDIA to protect the security and integrity of information
held by the NDIA, and undermine the effectiveness of processes in relation to the NDIA’s
statutory functions.
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.
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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 Assistant Director
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 21/22-0034
Document
Page
Description
Access Decision
Comments
number
number
1
1-12
NDIA Records Management Policy
PARTIAL ACCESS
Irrelevant material removed under
Exemption claimed:
section 22 of the FOI Act.
Dated: 30 August 2013
s47E(d) – certain operations of
agencies
2
13-23
Information and Records Normal
FULL ACCESS
Irrelevant material removed under
Administrative Practice
section 22 of the FOI Act.
Dated: October 2018
3
N/A
Archives Act 1983
FULL ACCESS
The web address provides a link to the
Available:
Archives Act 1983. Please note the link
https://www.legislation.gov.au/Detail
is for the current version at the date of
s/C2021C00218
decision.
This relates to part of your request.
If you require the document in a
different format, please contact
xxx@xxxx.xxx.xx
4
N/A
Digital Continuity Policy 2020
FULL ACCESS
The web address provides a link to the
Available:
Digital Continuity Policy (2020)
. Please
https://www.naa.gov.au/information-
note the link is current at the date of
management/information-
decision.
management-policies/about-digital-
continuity-2020-policy
This relates to part of your request.
If you require the document in a
different format, please contact
xxx@xxxx.xxx.xx
4
Document
Page
Description
Access Decision
Comments
number
number
5
N/A
Information Management
FULL ACCESS
The web address provides a link to the
Standards
Information Management Standards
.
Available:
Please note the link is current at the
https://www.naa.gov.au/information-
date of decision.
management/information-
management-standards
This relates to part of your request.
If you require the document in a
different format, please contact
xxx@xxxx.xxx.xx
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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
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