Application for IC Review of NDIA deemed decision in FOI 24/25-1610.
Dear Office of the Australian Information Commissioner,
I am requesting an external review by the Information Commissioner of my FOI request to the National Disability Insurance Agency (NDIA), reference FOI 24/25-1610.
The full correspondence can be found at this address: https://www.righttoknow.org.au/request/a...
[ EVENTS ]
- On 26 March 2025 I made the request to the NDIA, subject line “A complete list of Technical Advisory Branch (TAB) "Research" document titles – Part 2”, via the Right To Know website.
- The NDIA requested a 30 day extension on 1 April 2025, asking for a response from me by 3 April 2025. I rejected the extension request on 1 April 2025 as the NDIA have consistently exceeded deadlines, even where an extension is provided, so I saw no benefit to me in agreeing to one in this case.
- The agency’s decision was due on 25 April 2025.
- As of 8 May 2025, I haven’t received any further communications following the 1 April extension request.
[ REASONS FOR IC REVIEW ]
I am requesting that the Information Commissioner review the deemed decision that occurred due to the agency’s failure to respond to the request within the statutory period.
The NDIA should have no issue completing the request as they have successfully provided document titles for me in 3 past requests:
- FOI 23/24-1189 (https://www.righttoknow.org.au/request/a...)
- FOI 24/25-0142 (https://www.righttoknow.org.au/request/a...)
- FOI 24/25-0596 (https://www.righttoknow.org.au/request/a...)
I can be contacted at this email address for discussion of these matters. I realise the OAIC prefer to receive IC review requests via the form on the OAIC website. Unfortunately I am not able to use the form in this instance, so I respectfully ask that you please accept this email request for an IC review.
Thank you, and I look forward to your response.
Kind regards,
Emily Lacey
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Our reference: MR25/00850
Agency reference: FOI 24/25-1610
By email: [FOI #13129 email]
Receipt of your IC review application
Thank you for your application for Information Commissioner Review (IC review).
The OAIC’s service charter sets out the standard of service you can expect from the OAIC and explains how you can assist us to help you.
Information about the Information Commissioner review process is set out in:
• the Direction as to certain procedures to be followed by applicants in Information Commissioner reviews issued under s 55(2)(e)(i) of the FOI Act: https://www.oaic.gov.au/freedom-of-infor...
The Office of the Australian Information Commissioner (OAIC) is considering a large number of applications. Information about the OAIC’s IC review caseload and focus areas can be found at: https://www.oaic.gov.au/freedom-of-infor....
The OAIC will be in contact with you regarding whether the OAIC is able to review your application and if so, whether the OAIC has commenced review of your application. The respondent agency or minister may also engage with you directly in relation to your IC review application if we decide to review its decision.
You may experience long delays as we review your application particularly if it does not involve an issue within the OAIC’s focus areas. The OAIC is not able to provide substantive updates on the progress of your application and is unable to accommodate requests to expedite matters.
You may wish to contact the agency that dealt with your FOI request to attempt to resolve the matter. Agencies are required to deal with FOI requests in accordance with the FOI Guidelines. These Guidelines may also assist you to make your submissions in your IC review: https://www.oaic.gov.au/freedom-of-infor....
Further information about the IC review process is outlined in Part 10 of the FOI Guidelines: https://www.oaic.gov.au/freedom-of-infor....
Yours sincerely,
Office of the Australian Information Commissioner
Dear OAIC - FOI DR,
OAIC reference: MR25/00850
Agency reference: FOI 24/25-1610
The NDIA have now provided the documents I requested as a s55G (link: https://www.righttoknow.org.au/request/a...). I am satisfied with their decision and happy to consider this matter resolved.
Thank you for your assistance with this matter.
Kind regards,
Emily Lacey
Our reference: MR25/00850
Agency reference: FOI 24/25-1610
Applicant: Emily Lacey
Respondent: National Disability Insurance Agency
Applicant Email: [FOI #13129 email]
Agency email: [1][email address]
Withdrawal of Information Commissioner review application under s 54R of
the FOI Act
Dear Parties,
I refer to the above matter.
The applicant has advised they wish to withdraw their application for
Information Commissioner review.
As such, this Information Commissioner review is now closed under s 54R of
the FOI Act.
Thank you for your assistance in this matter.
Kind regards,
[2][IMG] Melih Sayan
Assistant Review Advisor
Office of the Australian Information Commissioner
Sydney NSW | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [3][email address]
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
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