Your email has been received by the Office of the Australian Information
Commissioner (OAIC). Important: Please note the OAIC is not a central
repository and does not hold documents of other Commonwealth agencies or
State or Territory Departments. 

 

FOI requests to the OAIC

 

Important: This email address is only for making requests to obtain access
to document(s) held by the OAIC, pursuant to the Freedom of Information
Act 1982 (Cth) (FOI Act). We will only action and respond to emails making
FOI requests to the OAIC.

For information on how to make an FOI request to the OAIC, and to ensure
that your request complies with the requirements of the FOI Act, please
refer to the FOI page on the OAIC website at:
[1]https://www.oaic.gov.au/about-us/access-...

 

Once your request has been assessed by the OAIC, and registered, an
acknowledgement email will be sent to you with an FOI reference number.

 

Statistics

The OAIC publishes an Australian Government FOI statistics dashboard which
provides key freedom of information (FOI) data over the last 5 years, as
reported by Australian Government agencies and ministers to the OAIC under
the Freedom of Information Act 1982. This dashboard is updated quarterly
and available on our website at [2]Australian Government freedom of
information statistics | OAIC

 

The OAIC does not hold documents of other Commonwealth agencies, nor for
other state agencies, or private organisations. The OAIC does not hold
Police Records or State Government Records. Further information on how to
access these types of records is here [3]Freedom of information requests
to the OAIC

 

Accordingly:

1)       if you are seeking to access documents of a particular
Commonwealth agency, you will need to make your request directly to the
relevant agency. For example, if you are requesting a copy of your visa
records, please make an FOI request and send it to the Department of Home
Affairs. Further details and information is below.

2)       if you are seeking to access documents of a state or local
government agency, each Australian state and territory have separate FOI
legislation which governs information held by state government agencies. 
Please contact the relevant agency as to how to make an application to
access the documents. For example, if you are seeking access to police
reports from the NSW Police Force, this agency is governed by the
Government Information (Public Access) Act 2009 (NSW) (GIPA Act); you will
need to contact NSW Police to find out how to make a GIPA application for
a police report.

3)       if you are seeking to access documents of a private organisation,
which the FOI Act does not apply to, please contact the organisation
directly to find out how to access the documents you are seeking. For
example, if you are seeking to access hospital records or your medical
records, please contact these organisations directly. 

4)       You can request copies of documents directly from other
Commonwealth agencies, such as:
Australian Federal Police
[4]Freedom of Information access requests - AFP
Department of Home Affairs
[5]Freedom of information (homeaffairs.gov.au)- external site
Services Australia
[6]Freedom of information - Services Australia- external site
Department of Veterans Affairs
[7]Freedom of information | Department of Veterans' Affairs (dva.gov.au)-
external site
Australian Taxation Office
[8]Freedom of information (FOI) request – individuals and businesses |
Australian Taxation Office (ato.gov.au)- external site
Department of Foreign Affairs and Trade (passports)
[9]Freedom of information | Australian Government Department of Foreign
Affairs and Trade (dfat.gov.au)- external site

5)       For other Commonwealth or State agencies, please visit the
relevant agency's website and search 'freedom of information' or 'FOI
request'.

Enquiries and other matters

 

If your email relates to any of the following, please use the OAIC's
online forms at [10]https://www.oaic.gov.au/about-us/contact...

-               Enquiry

-               Privacy Complaint

-               Notifiable Data Breach

-               Consumer Data Right Complaint

-               FOI Complaint

-               Freedom of Information (IC) Review

-               Agency FOI Extension of Time Requests

-               Speech requests.

 

Kind regards

Office of the Australian Information Commissioner

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.

References

Visible links
1. https://www.oaic.gov.au/about-us/access-...
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/about-the-OAIC/a...
4. https://www.afp.gov.au/about-us/governan...
5. https://www.homeaffairs.gov.au/access-an...
6. https://www.servicesaustralia.gov.au/fre...
7. https://www.dva.gov.au/about-us/overview...
8. https://www.ato.gov.au/forms-and-instruc...
9. https://www.dfat.gov.au/about-us/corpora...
10. https://www.oaic.gov.au/about-us/contact...

Our reference: CP25/01516 

Agency reference: FOI 24/25-0251 

 

David Wright 

By email:  [1][FOI #13162 email]

 

Your FOI Complaint about the National Disability Insurance Agency  

Dear David Wright,

 

The Office of the Australian Information Commissioner (OAIC) has received
your complaint about the National Disability Insurance Agency (the
Agency). 

 

You have advised that:  

o You made an FOI request with the Agency for access to information
under the FOI Act.  
o You have not received a decision within the processing timeframe.  
o You wish to lodge a complaint about this action. 

 

 

Option of IC review 

Where an agency has not made a decision in response to your FOI request
within the time the Freedom of Information Act 1982 (FOI Act) allows, we
recommend that you apply for [2]Information Commissioner review rather
than complain about the delay. If you do this, the FOI Act gives the OAIC
power to require the agency to make a decision on your request. 

 

This is because, if you have not received a decision in response to your
FOI request within the processing timeframe under the FOI Act (30 days,
unless you have been notified of an extension of time)  the Agency would
be taken to have made a decision refusing access (called a ‘deemed
refusal’). This is a decision that can be reviewed by the Information
Commissioner. 

 

If you wish to receive a decision and/or the requested documents, the most
appropriate mechanism to achieve this is through IC review.  

 

You may apply for IC review using our online application form, available
here: [3]Apply for an Information Commissioner review | OAIC.  

 

FOI Complaints  

Complaints generally focus on how an agency has handled your FOI request
or complied with other obligations under the FOI Act, rather than the
decision itself. Where the Commissioner decides to investigate a
complaint, outcomes are limited to the Commissioner making recommendations
to the agency about how it should improve its FOI compliance. Outcomes do
not include obtaining access to a decision or documents in response to
your FOI request. 

 

Under s 73(b) of the FOI Act, the Information Commissioner may decide not
to investigate a complaint if the complainant has, or had, a right to have
the action reviewed by the agency, a court or a tribunal, or by the
Information Commissioner under Part VII of the FOI Act and has not
exercised that right when it would be reasonable to do so (s 73(b)).   

 

Given that the issue you have complained about could be more appropriately
dealt with under the IC review process, I intend to recommend to the
Commissioner that your complaint be declined under s 73(b) of the FOI Act,
on the basis that you have not applied for IC review of the Department’s
decision when it would be reasonable for you to do so.  

 

Next steps 

If you wish to receive a decision and/or the requested information, the
most appropriate mechanism to achieve this is through Information
Commissioner review (IC review).  

 1. Please advise whether you wish to make an IC review application by 28
May 2025   

 

IC review applications must generally be made within 60 days after the
decision is deemed to have been made. If the Department is deemed to have
refused your request over 60 days ago, the OAIC will need to consider
extending the time for you to make an IC review application under s 54T.  
In support of your application to extend the timeframe to make an IC
review application under s 54T, please provide a brief explanation as to
why you did not seek IC review within the timeframe, including whether you
were aware of your right to seek Information Commissioner review.  

 

 2. Please advise whether you wish to withdraw your FOI complaint? 

 

If you wish to continue with your complaint, please advise if you require
assistance to formulate your complaint. Information about the complaints
process is available on the OAIC website at
[4]https://www.oaic.gov.au/freedom-of-infor....
If the OAIC does not receive a response from you by 28 May 2025, your
complaint may be finalised under s 73 and you will be notified of your
review rights.  

 

 

Kind regards 

[5][IMG]   Sarveshcika Yuvaraj (she/her)

Intake and Triage Officer

Intake and Eligibility Branch

Office of the Australian Information Commissioner

Sydney | GPO Box 5288 Sydney NSW 2001

P 1300 363 992  E [6][email address]
 
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

 

[7]Subscribe to Information Matters

 

 

 

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.

References

Visible links
1. mailto:[FOI #13162 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://www.oaic.gov.au/
6. mailto:[email address]
7. https://www.oaic.gov.au/engage-with-us/n...

OAIC reference: CP25/01516

Agency reference: FOI 24/25-0251

 

David Wright

By email: [1][FOI #13162 email]

 

Decision not to investigate a FOI complaint under s 73 of the Freedom of
Information Act 1982

 

Dear Mr Wright

 

Please find attached correspondence about the above referenced FOI
complaint made to the Office of the Australian Information Commissioner
(OAIC).

 

Should the you disagree with the decision to finalise the complaint,
review rights are located at the end of the decision letter.

 

Kind regards,

 

[2][IMG]   Hannah Hunter

Review Advisor, Freedom of Information Branch

Office of the Australian Information Commissioner

GPO Box 5288 Sydney NSW 2001

E [3][email address]
Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[4]Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

 

[5]Subscribe to Information Matters

 

 

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.

References

Visible links
1. mailto:[FOI #13162 email]
2. https://www.oaic.gov.au/
3. mailto:[email address]
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://www.oaic.gov.au/engage-with-us/n...