Mr Brian O’Hart
E: [email address]
Dear Mr O’Hart FOI request no. 14/15-006
The purpose of this letter is to give you notice of my decision granting access to a document
you requested under the Freedom of Information Act 1982
IJennifer Kirkaldy, Corporate Counsel of the National Disability Insurance Agency
)am an officer authorised under s 23(1) of the FOI Act to make decisions in relation
to FOI requests.
I have taken your request to be for documents that contain the dollar amount of the
“Operating Expenses Ratio” contained in the NDIA’s most recent Quarterly Report to the
COAG Disability Reform Council (December 2014).
The information you requested was not available in a separate written document at the time
of your request. However, the NDIA has been able to produce a document containing the
information you have requested. I have therefore treated your request as if it were a request
for access to that document in accordance with s 17 of the FOI Act. I have identified the
relevant information by consulting with the appropriate areas of the NDIA.
I have decided to grant access to the document in full, and I have enclosed
a copy of this
document at Attachment A
. I have also enclosed
information about your rights of review
under the FOI Act at Attachment B
If you have any questions, please do not hesitate to contact me on (02) 6146 4378 or via
email at [email address].
26 March 2015
Attachment A – Quarterly Operating Expenses
For the purposes of calculating the Operating Expenses Ratio, the operating expenses of the
Agency include costs such as employee and supplier costs but exclude certain grants that
the Agency makes for local capacity building activities. On this basis the total operating
expenses shown below are slightly lower than those presented in the Agency’s annual
For the purposes of calculating the Operating Expenses Ratio, the operating expenses for
the Agency for each of the initial 6 quarters of operations are as follows (reported on both a
quarterly and a year to date basis):
The Agency’s annual financial statements for the first year of operation (which includes the
first four quarters shown above) have been prepared and audited by the Australian National
Audit Office and are publicly available in the Agency’s 2013-2014 Annual Report <http://www.ndis.gov.au/document/925>
. Information in relation to the 2014-15 financial year
has not yet been subject to audit.
Attachment B – Your rights of review
Section 54 of the Freedom of Information Act 1982
) 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 decision-
maker you should clearly outline the grounds upon which you consider the decision should
be reviewed. Applications for internal review can be lodged in one of the following ways:
Public Law Section
Legal and Governance Branch
National Disability Insurance Agency
GPO Box 700
Canberra ACT 2601
External Review by the Australian Information Commissioner
Section 54L of the Freedom of Information Act 1982
) gives you the right to apply
directly to the Australian Information Commissioner (AIC
) to seek a review of this decision.
If you wish to have the decision reviewed by the AIC you must apply for the review, in writing
or by using the online merits review form available on the AIC’s website at www.oaic.gov.au,
within 60 days of receipt of this letter. To assist the AIC your application should include a
copy of this decision and your contact details. You should also clearly set out why you are
objecting to the decision.
You can also complain to the AIC about how an agency handled an FOI request, or other
actions the agency took under the FOI Act. Applications for review or complaint can be
lodged in one of the following ways:
Post: GPO Box 2999, Canberra ACT 2601
Fax: +61 2 9284 9666
In person: Level 3, 175 Pitt Street
Sydney, NSW 2000
For general enquiries, please call 1300 363 992 or +61 2 9284 9749 for international. The Commonwealth Ombudsman
You can complain to the Commonwealth Ombudsman concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act.
A complaint to the Commonwealth Ombudsman may be made orally or in writing. The
Ombudsman may be contacted for the cost of a local call from anywhere in Australia on
telephone 1300 362 072.