External review of NDIA FOI 24.25 1418
Dear Office of the Australian Information Commissioner,
I hereby request an external review from the Office of the Australian Information Commissioner (OAIC) of the NDIA's response to my FOI request 24.25 1418, available here: https://www.righttoknow.org.au/request/r...
The NDIA has provided three documents which it says fit the scope of my request.
I have been advised by other parties that there exist other documents which fit the scope my request, but weren't located by the NDIA's FOI branch, e.g.
- Standard Operating Procedure: Complete the determine the funded supports task
- Practice Guide - Determine Reasonable and Necessary Supports
The NDIA has conducted an incomplete search, and I am submitting this request to OAIC so that a proper and exhaustive search is now conducted, to locate all documents that fall within the scope of my request.
Yours faithfully,
David Wright
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[4]Freedom of Information access requests - AFP
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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
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[9]Freedom of information | Australian Government Department of Foreign
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Kind regards
Office of the Australian Information Commissioner
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References
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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: MR25/01325
By email: [1][FOI #13382 email]
Receipt of your IC review application
Thank you for your application for Information Commissioner Review (IC
review).
The [2]OAIC service charter sets out the standard of service you can
expect from the Office of the Australian Information Commissioner (OAIC)
and explains how you can assist us to help you.
Information about the Information Commissioner review process is set out
in:
o [3]How we handle an IC review application.
o the [4]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.
The OAIC is considering a large number of applications. Information about
the OAIC’s IC review caseload and focus areas can be found at [5]Caseload
reports and focus areas.
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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 [6]FOI Guidelines. These Guidelines may
also assist you to make your submissions in your IC review.
Further information about the IC review process is outlined in [7]Part 10
of the [8]FOI Guidelines.
Yours sincerely
Office of the Australian Information Commissioner
Our reference: MR25/01325
Agency/Minister reference: FOI 24/25-1418
Applicant: Mr David Wright
Respondent: National Disability Insurance Agency (NDIA)
By email: [1][FOI #13382 email]
Your Information Commissioner review application
Dear Mr Wright,
Why we are writing to you:
I am writing to you to help you make a valid Information Commissioner
review (IC review) application.
On 8 July 2025, you applied for IC review about a Freedom of Information
(FOI) decision made by the respondent referenced at the top of this email.
This was because you indicated you disagree with the FOI decision.
I have attached a copy of your IC review application for your reference.
At this time, it appears your application was submitted out of time. The
last day for you to apply for IC review was 28 June 2025. This is because
for access refusal decisions the timeframe for applying for an IC review
(60 days) starts from when you should have received a decision for access
grant decisions. To assist, I have included a summary of the processing
timeframe:
o 28 February 2025: FOI request made (due 30 March 2025)
o 12 March 2025: s 15AA extension of time agreed to by applicant (30
days granted) (due 29 April 2025)
o 29 April 2025: Deemed refused
o 6 June 2025: Original decision notified by Agency out of jurisdiction
o 28 June 2025: last day before s 54S timeframe expired
o 8 July 2025: IC review application received (10 days overdue)
Action required by you by 23 July 2025:
* If you wish to seek an extension of time to apply for IC review under s
54T of the Freedom of Information Act 1982 (Cth), please tell us why
your application was late. The Information Commissioner may take the
following factors into account:
o the length of the delay in applying for IC review
o the reason for the delay
o any action taken by the applicant regarding the decision after the
agency or minister made their decision
o any prejudice to the agency or the minister and the general public due
to the delay and
o the merits of the substantive IC review application.
Participation in IC review process:
You are required to comply with the [2]Direction as to certain procedures
to be followed by applicants in Information Commissioner reviews. If an
applicant fails to comply with a direction of the Information
Commissioner, including the Direction as to certain procedures to be
followed by applicants in Information Commissioner reviews, the
Information Commissioner may in some cases decide not to undertake or
continue to undertake an IC review. The Direction specifically states:
* The applicant must provide the IC with information about the FOI
decision, in particular:
The date of the FOI decision.
* In most cases, an application for IC review must be made within 60 days
of the applicant being notified of the agency’s or Minister’s decision
to refuse access to some or all of the documents requested, or within
30 days of a decision granting access to documents to another person.
* If an application for IC review is not made within the timeframes in
the FOI Act, applicants may apply to the IC under s 54T of the FOI Act
for an extension of time to apply for IC review. Where an extension of
time is sought, the applicant must provide reasons which explain why it
would be reasonable in all the circumstances to extend the time to
apply for IC review. In considering what is reasonable in all the
circumstances, the IC may take the following factors into account:
i. the length of the delay in applying for IC review
ii. the reason for the delay
iii. any action taken by the applicant regarding the decision after
the agency or minister made their decision
iv. any prejudice to the agency or the minister and the general
public due to the delay and
v. the merits of the substantive IC review application [2.15]
As such, if you do not provide the information, we need for the IC review
application by 23 July 2025, we intend to close your IC review
application.
Assistance
If you are unable to respond by 23 July 2025, you must request more time
at the earliest opportunity and no later than 21 July 2025.Requests for
more time must explain why you need more time, and you must tell us when
you will be able to provide a response.
Please note: You can withdraw an IC review application at any time. There
is no penalty if you do this. You can also lodge a new FOI request to the
respondent at any time.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference at the top of this email in all correspondence.
Kind regards,
Deidre
[4][IMG] Intake and Eligibility Branch
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [5][email address] W [6]Enquiry form
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
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be confidential information, and may also be the subject of legal
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switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
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References
Visible links
1. mailto:[FOI #13382 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://webform.oaic.gov.au/prod?entityt...
7. https://www.oaic.gov.au/engage-with-us/n...
Dear OAIC - FOI DR,
I wish to seek an extension of time to apply for IC review under s54T of the Freedom of Information Act 1982 (Cth), for the following reasons:
1) While the Notice of Decision was dated 6 June 2025, it was not provided to me until four days later (10 June 2025) via this link: https://www.righttoknow.org.au/request/r...
2) The Notice of Decision states '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'. However, your correspondence states that 28 June 2025 was the 'last day before s 54S timeframe expired'. This is considerably shorter than the 60-day timeframe communicated to me by the agency. Either your timeframe is incorrect, or the agency has misled me. Either way, I should not be penalised for this.
Yours sincerely,
David Wright
Our reference: MR25/01325
Agency reference: FOI 24/25-1418
FOI Contact Officer
National Disability Insurance Agency
By email: [email address]
David Wright
By email: [FOI #13382 email]
Information Commissioner Review – Notice of Commencement
Dear parties,
Please find attached notice of commencement for the above referenced
Information Commissioner review (IC review).
The OAIC requires the agency to engage with applicants to resolve or
narrow the issues in dispute. Applicants are encouraged to actively
communicate with the agency to facilitate this engagement.
Please note, Annexures A and B of the notice provide further information
about the obligations of parties during the IC review process.
Kind regards,
[1][IMG] Sarim Hashmi
Casework Support Officer
FOI Case Management
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P (02) 1300 363 992 E [2][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.
[3]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. https://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.oaic.gov.au/engage-with-us/n...