Our reference: FOI 21/22-1730
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
4 August 2022
SH
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear SH
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 7 June 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 fol owing documents:
…how much money was spent on private law firms representing the Agency in the
AAT during the fol owing periods:
1. 2013 financial year
2. 2014 financial year
3. 2015 financial year
4. 2016 financial year
5. 2017 financial year
6. 2018 financial year
7. 2019 financial year
8. 2020 financial year
9. 2021 financial year
Extension of time
On 28 June 2022, you agreed to a 30-day extension of time under section 15AA of the FOI
Act, making 6 August 2022 the new 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 written document
containing the requested information, by the use of a computer or other equipment that is
ordinarily available for retrieving or col ating stored information. We have been able to
produce a document containing some of the information you requested. I have, therefore,
treated your request as if it were a request for access to this document, in accordance with
section 17(1)(c) of the FOI Act.
1
I have decided to grant access to this document in ful .
I have decided to refuse access to part of your request under section 24A of the FOI Act.
In reaching my decision, I took the fol owing into account:
your correspondence outlining the scope of your request
the nature and content of the documents fal ing 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 al 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 document management
systems and made enquiries with NDIA staff who could be expected to identify documents
that fal within the scope of your request. These enquiries have revealed that the NDIA is not
in possession of documents matching the 2013-2018 financial years. This is because prior to
the 2019 financial year, the Agency was not required to provide a breakdown of spending to
separate out the amount spent on private law firms for AAT matters.
I am satisfied that al reasonable steps have been taken to locate the documents you have
requested and that the documents cannot be found or does not exist. I have, therefore,
decided to refuse access to the 2013-2018 financial years, 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
2
Attachment A
Schedule of Documents for FOI 21/22-1730
Document
Page
Description
Access Decision
Comments
number
number
1
1
Money Spent on Private Lawyers
FULL ACCESS
Document created under
for AAT
section 17 of the FOI Act
Not Dated
3
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 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 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 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.
1
