GPO Box 700
Canberra ACT 2601
1800 800 110
23 July 2021
ndis.gov.au
Shirley
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Shirley
Regarding your recent requests to the NDIA
Recently you have made a large number of requests to the National Disability Insurance
Agency (NDIA) for access to documents under the
Freedom of Information Act 1982 (FOI
Act).
Between 8 June and 18 July 2021 you made 69 FOI requests. As you know, we combined
some of those requests to make the processing more efficient and we consulted with you
about revising the scope of those requests to avoid substantial and unreasonable diversion
of NDIA resources from other important work. We wil continue to take the steps permit ed
under the FOI Act to ensure that your requests are processed efficiently without
unnecessary diversion of resources, such as consulting with you on nature and scope of
your request, seeking extensions of time to process requests, and considering application of
charges where appropriate.
The reason for this letter is to suggest that you give closer consideration to the frequency
and scope of your access requests before making them. For example, you could consider
making fewer requests seeking access to clearly defined groups of documents as an
alternative to a large number of requests for access to one or two documents. You could
also consider making a small number of requests and waiting for the outcome of those
before making follow-up requests for additional documents of interest.
We are happy to work with you through a consultation process to assist you to refine the
scope of any request that is unclear or that might involve a significant number of documents.
Under section 89K of the FOI Act there is provision for an agency to apply to the Information
Commissioner for a declaration that a person is a vexatious applicant. Section 89L provides
that a vexatious applicant declaration can be made if:
• the person has repeatedly engaged in access actions that involve an abuse of
process;
• the person is engaging in a particular access action that would involve an abuse of
process; or
• a particular access action by the person would be manifestly unreasonable.
These provisions provide a balance between conferring a right of access to government
documents and ensuring that access requests do not interfere unreasonably with agency
operations. In addition it ensures that FOI processing resources are not unfairly taken up by
one person to the detriment of others seeking access to agency documents.
The NDIA recognises the important role played by the FOI Act in ensuring access
government information and promoting public participation in government processes.
However, we also recognise that abuse of the access process can result in agency
resources being diverted in a way that is not in the public interest. Where we consider that
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an individual is engaging in repeated access requests to the extent that it becomes an abuse
of the access process provided under the FOI Act we intend to apply to the Information
Commissioner for a vexatious applicant declaration.
If you would like to discuss anything in this letter please contact us at
xxx@xxxx.xxx.xx . If
you would like someone to contact you by telephone to talk about making FOI requests
generally or about requests that are currently being processed please let us know the best
number to reach you.
Yours sincerely
Ausilia Woodhead
Assistant Director
Parliamentary, Ministerial & FOI Branch
Government Division
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