Our reference: FOI 21/22-0296
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
5 November 2021
Shirley Humphris
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Shirley Humphris
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 19 September 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:
“Please provide the percentage of internal review (s100) decisions that have confirmed
the plan decision (I.e. no change to the plan), for decisions returned from 1st July 2021
to August 31st 2021.
Please provide the percentage of internal review (s100) decisions that have confirmed
the plan decision (I.e. no change to the plan), for decisions returned from 1st July 2020
to August 31st 2020.”
On 11 October 2021, the NDIA sought your agreement to an extension of time to process
your request for information under section 15AA of the FOI Act, however you did not provide
a response within the requested timeframe.
As a result, on 28 October 2021, the Office of the Australian Information Commissioner
granted the NDIA with an additional 17 days to process your request under section 15AB of
the FOI Act. Therefore, making 5 November 2021 the new due date to provide you a
decision on access.
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 decided to refuse your request for access under section 24A of the FOI Act on the
basis that al reasonable steps have been taken to locate the documents you have
requested and I am satisfied that they do not exist.
In reaching my decision, I took into account:
your correspondence outing the particulars of your request
the FOI Act
the FOI Guidelines
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relevant case law and decisions concerning the operation of the FOI Act
consultation with relevant officers of the NDIA
Reasons for decisions
Refuse a request for access (section 24A)
Section 24A of the FOI Act provides that an agency may refuse a request for access to a
document if al reasonable steps were taken to find the document and the agency is satisfied
that the document cannot be found or does not exist.
I have conducted searches of the NDIA’s documents management systems and made
enquiries with NDIA staff who could be expected to identify the documents requested. These
enquiries revealed that the NDIA is not in possession of documents matching the scope of
your request. This is because the NDIA does not have the structured data to answer your
request due to the complexities of section 100 reviews, in accordance with the NDIS Act.
This is because the data requested is excessively complex in nature. For example, direct
comparisons in the time periods you have specified are not easily made, as there are an
increasing number of overal participants in the Scheme; the time in which an internal review
can be in progress also affects the accuracy of comparing data for these time periods.
I am satisfied that al reasonable steps were taken to locate the documents you have
requested and that the documents do not exist. I have therefore decided to refuse access to
your request in accordance with section 24A(1)(b)(i ) of the FOI Act.
In accordance with section 17 of the FOI Act, I have also considered whether it would be
possible for a new document to be created using the NDIA’s computer systems. Having
considered the guidelines issued by the Australian Information Commissioner under section
93A of the FOI Act (FOI Guidelines), and previous decisions concerning section 17(1) of the
FOI Act, I am satisfied the obligation to create a document under section 17(1) does not
apply to your request. This is because the NDIA does not hold the structured data necessary
to create a document that would contain the information you are seeking. That is to say, the
NDIA’s systems cannot be interrogated in such a way that would show the percentage of
internal reviews that resulted in no change to a plan in the time periods you have specified,
without this resulting in an unreasonable diversion of agency resources.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment A.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at xxx@xxxx.xxx.xx.
Yours sincerely
Rafaela
A/g Assistant Director FOI
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
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 fol owing ways:
Online:
www.oaic.gov.au
Post:
GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone:
1300 363 992 (local cal 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 cal 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 Division.
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