GPO Box 700
Canberra ACT 2601
1800 800 110
31 August 2021
Shirley By email: email@example.com
Dear Shirley Freedom of Information request — Notification of Decision
Thank you for your correspondence of 16 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 tally of the total number of times the NDIA have used the specific
expression "your request in its current form would substantially and unreasonably divert
the resources of the NDIA from its other operations due to its size " as grounds for
failing to process, respond to or refuse FOI requests for the calendar year 2021. That is,
from 1 January 2021, until 14 July 2021, how many times has the phrase and reason for
not providing FOI information been justified or responded to using the phrase "your
request in its current form would substantially and unreasonably divert the resources of
the NDIA from its other operations due to its size. ".
This includes all the times this specific phrase has been used during Senate Estimates
and related government oversight or state/commonwealth enquiries, during the same
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.
The information you requested was not available in a separate written document at the time
of your request. However, we have been able to produce a document containing the
information you have requested. I have therefore treated your request as if it were a request
for access to this document in accordance with section 17 of the FOI Act.
I have identified one document, which falls within the scope of your request.
The document was 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 one document in full.
In reaching my decision, I took into account the following materials:
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; and
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. 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 firstname.lastname@example.org.
Yours sincerely Ausilia Woodhead
Parliamentary, Ministerial & FOI Branch
Schedule of Documents for FOI 21/22-0047
Response to FOI 21/22-0047 –
Document created under
Number of FOI practical refusal
section 17 of the FOI Act.
decisions issued based on volume
using a specific phrase between 1
January 2021 and 14 July 2021
Your review rights
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 email@example.com
or sent by post to:
Freedom of Information Section
Parliamentary, Ministerial & FOI Branch
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:
GPO Box 5218, Sydney NSW 2001
1300 363 992 (local call charge)
Complaints to the Office of the Australian Information Commissioner or the
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:
1300 362 072 (local call charge)
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