Our reference: FOI 21/22-0864
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
11 March 2022
Florence
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Florence
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 6 February 2022, 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:
1. Does the NDIA have a current Register of Security Designated Positions?
2. Does every person in the security designated role have a current Australian
government security clearance, appropriate to the level of designation?
3. If not, how many waiver/s have been requested and granted for these Security
Designated Positions?
4. How many are contractors/labour hires? Both questions, listed and waivered.
5. When was the NDIA's Register of Security Designated Positions first created?
6. Has the NDIA had, maintained and updated a Register of Security Designated
Positions since creation in 2013?
Extension of Time
On 8 March 2022, the Office of the Australian Information Commissioner (OAIC) granted an
extension under section 15AB of the FOI Act, making 22 March 2022 the due date to provide
you with 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.
Section 17(1)(c) of the FOI Act provides that an agency can produce a writ en document
containing the requested information, by the use of a computer or other equipment that is
ordinarily available for retrieving or collating stored information. We have been able to
produce a document containing information in relation to part 1 and part 6 of your request. I
have, therefore, treated part 1 and part 6 of your request as if it were a request for access to
this document in accordance with section 17(1)(c) of the FOI Act.
I have decided to grant access to this document in full.
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I have decided to refuse access to parts 2 to 5 of your request under section 24A of the FOI
Act. The reasons for my decision are set out below.
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
• the NDIA’s operating environment and functions.
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.
The relevant line area has conducted searches of the NDIA’s document management
systems and I have made enquiries with NDIA staff who could be expected to identify
documents that may fall within the scope of your request. These searches and enquiries
have revealed that the NDIA is not in possession of documents matching the scope of parts
2 to 5 of your request. This is because the NDIA does not currently have a Register of
Security Designated Positions. This means that we are unable to answer your questions, as
security designated roles have not previously been identified.
The NDIA is a Corporate Commonwealth Entity (CCE), which means that the Agency is not
required to have a Register of Security Designated Positions under the Protective Security
Policy Framework (PSPF). However, the Agency is currently undertaking work to implement
a Register to align with best practice under the PSPF.
I am satisfied that all reasonable steps have been 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.
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
Carolyn
Assistant Director FOI
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 21/22-0864
Document
Page
Description
Access Decision
number
number
1*
1
Register of Security Designated Positions
FULL ACCESS
* Document created under section 17 of the FOI Act.
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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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