Our reference: FOI 21/22-0726
GPO Box 700
Canberra ACT 2601
1800 800 110
18 February 2022
ndis.gov.au
Angel
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Angel
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 19 December 2021, in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the
Freedom of
Information Act 1982 (FOI Act).
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:
“…..a copy of the NDIA's licensed copy of ISO 31000 Risk Management Standard (2009
and 2019) . Just the front page of each version with the confirmed , valid license
reference wil do.”
On 13 January 2022, the Office of the Australian Information Commissioner (OAIC)
provided the NDIA with an additional 30 days to process your request for information under
section 15AB of the FOI Act, making 17 February 2022, the new due date to provide you a
decision on access.
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 decided to refuse access to your request
under section 24A of the FOI Act on the
basis that all reasonable steps have been taken to locate the information you have
requested and I am satisfied that they do not exist.
In reaching my decision, I took into account the following:
• 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.
Reasons for decision
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 all reasonable steps have been taken to find the document and the agency is
satisfied that the document cannot be found or does not exist.
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I have made enquiries with relevant NDIA staff in relation to NDIA's licensed copy of ISO
31000 Risk Management Standard 2009. These enquiries have revealed that the NDIA is
not in possession of documents matching the scope of your request. This is because the
license of ISO 31000 Risk Management Standard is managed as a rolling licence, therefore,
2009 and 2019 versions do not exist. As a courtesy, I have included a copy of the 2018
licence for you.
I am satisfied that all reasonable steps have been taken to locate the document you have
requested and that the documents cannot be found or 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.
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
Kylie
Senior Freedom of Information Officer
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 21/22-0726
Document
Page
Description
Access Decision
number
number
1
1-2
Licence for ISO 31000:2018 Risk Management – Guidelines
FULL ACCESS
Date: 21.06.2018
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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
wil 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 wil 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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