Our reference: FOI 21/22-1300
GPO Box 700
Canberra ACT 2601
1800 800 110
26 April 2022
ndis.gov.au
Karen Reynolds
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Karen Reynolds
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 24 March 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 the following documents:
…how many participants or nominees have requested a Thermomix to assist them to
prepare and cook food rather than utilise a support worker? How many Thermomixs
[sic]
have been funded in total? Please provide any guidance, documents, emails or
reports that relate to this.
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 your request for access to the first part of your request under
section 24A of the FOI Act. The reasons for my decision are set out below.
The second part of your request seeks access to any guidance that relates to the use of
Thermomixes. These documents are available publicly from the following links:
•
Providing assistive technology | NDIS
•
Reasonable and necessary supports | NDIS
• Including Specific Types of Supports in Plans Operational Guideline - Personal care
supports | NDIS
As these documents are publicly available, I have not considered them in making my
decision.
In reaching my decision, I took the following into account:
• 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
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• 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 areas have conducted searches of the NDIA’s documents management
systems and made enquiries with NDIA staff who could be expected to identify documents
that fall within the scope of your request. These enquiries have revealed that the NDIA is not
in possession of documents matching the scope of your request. This is because the NDIS
funds core, capacity building and capital supports. Thermomixes are not a listed line item so
cannot be reported on. Additionally, participants or their nominees do not apply to the NDIS
to purchase a Thermomix; in consequence the NDIS has no data on how many participants,
or their nominees have purchased these machines.
I am satisfied that all reasonable steps have been taken to locate the documents you have
requested in the first part of your request, 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.
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
Carolyn
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
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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