Our reference: FOI 21/22-0584
GPO Box 700
Canberra ACT 2601
1800 800 110
20 January 2022
ndis.gov.au
Janus
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Janus
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 28 November 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.
I sincerely apologise for the delay in providing you a decision on access.
Scope of your request
You have requested access to documents about the National Disability Insurance Scheme
(NDIS). Specifically, you requested access to:
“NDIA's Financial Delegations. Including a copy of the current Accountable Authority
Instructions (AAI).”
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your
request and the reasons for my decision are set out below.
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 part.
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 published under section 93A of the FOI Act
consultation with relevant NDIA staff
factors relevant to my assessment of whether or not disclosure would be in the public
interest
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 the document falling within the scope of your request contains material
that is irrelevant to your request. The irrelevant material relates to information which is not
relevant to the subject matter of your request.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the irrelevant material from the document and have concluded that it is reasonably
practicable to do so. Accordingly, I have prepared an edited copy of the document with the
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.
The document within the scope of your request contains information relating to certain
operations of the NDIA. Specifically, internal points of contact, for use only by NDIA staff
when seeking advice from other business areas within the Agency.
Disclosing such internal contact emails may jeopardise the use of single points of contact
used by NDIA in their work. I am satisfied that there is a reasonable likelihood of aggrieved
members of the public seeking to gain advantage over others by using internal points of
contact in place of the appropriate points of contact. Therefore, I am of the view that the
release of this information could, or would reasonably have an adverse effect on the proper
and efficient conduct of the operations of the Agency, including the Agency’s ability to
conduct its operations in a timely and efficient way; and is therefore exempt from release
under section 47E(d).
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
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 NDIA’s ability to protect established contact points and
procedures currently in place to assist employees in working in a timely and effective
manner.
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 document for release, as referred to in the Schedule of Documents at
Attachment A, is
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
Peter
Senior Freedom of Information Officer
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 21/22-0584
Document
Page
Description
Access Decision
Comments
number
number
Accountable Authority Instructions
PARTIAL ACCESS
Irrelevant material removed
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1-15
and Financial Authorisations
in accordance with section
Exemption claimed:
22 of the FOI Act.
Dated: September 2021
s47E(d) – certain operations of agencies
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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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