Thank you for your email to the National Disability Insurance Agency
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Participant Information 
Did you know the NDIA has other ways to access the documents and
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information through our National Contact Centre (NCC). For more
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email at [9][email address] or via webchat at [10]ndis.gov.au.
Alternatively, you can also contact us by phoning 1800 800 110. 
 
 
Kind regards    
 
 
Freedom of Information Team  
Complaints Management & FOI Branch 
General Counsel Division  
National Disability Insurance Agency  
E [11][NDIA request email]   
   
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Dear David Wright

Thank you for your request for information.

Please find attached correspondence in relation to your request. If you
require this attachment in a different format, please let us know.

Please contact us at [1][NDIA request email] if you have any questions or
require help.

Kind regards

 

Laura

Assistant Director

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [2][NDIA request email]  

[3]NDIA logo

[4]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[5]Aboriginal and Torres Strait Islander flags graphic

 

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Dear David Wright

Thank you for your request for information.

Please find attached correspondence in relation to your request. If you
require this attachment in a different format, please let us know.

Please contact us at [1][NDIA request email] if you have any questions or
require help.

Kind regards

 

Laura

Assistant Director

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [2][NDIA request email]  

[3]NDIA logo

[4]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[5]Aboriginal and Torres Strait Islander flags graphic

 

**********************************************************************
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Dear David Wright

Thank you for your request for information.

Please find attached correspondence in relation to your request. If you
require this attachment in a different format, please let us know.

Please contact us at [1][NDIA request email] if you have any questions or
require help.

Kind regards

 

Laura

Assistant Director

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [2][NDIA request email]  

[3]NDIA logo

[4]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[5]Aboriginal and Torres Strait Islander flags graphic

 

**********************************************************************
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Dear David Wright

Thank you for your request for information.

Please find attached correspondence in relation to your request. If you
require this attachment in a different format, please let us know.

Please contact us at [1][NDIA request email] if you have any questions or
require help.

Kind regards

 

Laura

Assistant Director

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [2][NDIA request email]  

[3]NDIA logo

[4]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[5]Aboriginal and Torres Strait Islander flags graphic

 

**********************************************************************
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Hi David

 

Thanks for your reply.

 

I have send a search consult to the relevant business areas within the
NDIA to determine how many hits appear within your search parameters. We
give line areas 7 days to respond to FOI search consults, so that their
other functions are not impacted. Therefore, you can expect another email
from by around 21 August 2025.

 

I will let you know when I get a response, or if there are delays.

 

There’s also something else I wanted to clarify with you. I have combined
your 4 requests and are treating them as a single request for the purpose
of this practical refusal process. This means you only have to reply to my
letter once. In order to avoid any confusion, I will only respond to one
of your Right to Know emails.

 

Bcause I have treated all 4 of your requests as a single request, I will
assess whether it is practical for us to process the total number of
documents produced as a result of all 4 searches together. This means it
is irrelevant if one or more of the surnames is uncommon and only produces
a small number of hits. Rather, it is now only relevant whether processing
the total volume of hits produced by all 4 searches together constitutes
an unreasonable diversion of agency resources.

 

This is outlined in section 24(2)(b) of the FOI Act.  

 

“the agency or Minister may treat 2 or more requests as a single request
if the agency or Minister is satisfied that:

 

(a) the requests relate to the same document or documents; or

 

(b) the requests relate to documents, the subject matter of which is
substantially the same.”

 

I hope this information helps!

 

Please let me know if there is anything else about FOI legislation thar
you would like som guidance on, as I am very happy to explain the proces.

 

Kind regards

 

Laura

Assistant Director

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [1][NDIA request email]  

[2]NDIA logo

[3]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[4]Aboriginal and Torres Strait Islander flags graphic

 

-----Original Message-----
From: David Wright <[FOI #13387 email]>
Sent: Tuesday, 12 August 2025 5:07 PM
To: foi <[NDIA request email]>
Subject: Re: Your request for information - Request consultation process -
[LEXD 1341] FOI 25/26-0063, [LEXD 1345] FOI 25/26-0064, [LEXD 1352] FOI
25/26-0065, [LEXD 1362] FOI 25/26-0066 [SEC=OFFICIAL]

 

[You don't often get email from
[5][FOI #13387 email]. Learn why this is
important at [6]https://aka.ms/LearnAboutSenderIdentific... ]

 

Dear Laura

 

 

 

Thank you for your response to my request.

 

 

 

Without seeing LEX and how it works, it is difficult for me to limit the
scope of my request. But I am basing my request on the assumption that LEX
is a database containing forms with standard field entries, which NDIA
staff can fill in and submit to produce records. With the option of
attaching linked documents.

 

 

 

You make reference to 'linked documents' in your response, which you
describe as 'records and notes in the form of emails, attachments, file
notes, references to legislative acts, staff reminders, timesheet entries,
invoices, and more', and  'documents which may be many pages in length and
may take the form of personal emails, medical reports, assessments, and
other highly sensitive materials.'

 

 

 

My request is limited to just the main form entries. I am not seeking
copies of any such 'linked documents'.

 

 

 

You also advise the NDIA doesn’t operate a single LEX system, but rather
has multiple LEX systems, with each LEX system designed for use in a
particular sub-team within the NDIA.  I can advise that the keyword I have
requested you search  relates to Administrative Appeals Tribunal (AAT) /
Administrative Review Tribunal (ART) matters. If you have a single or
limited number of LEX databases recording information in relation to
AAT/ART matters, these would be the databases in which to search.

 

 

 

Further, the keyword that I have requested you search for - 'Maclean' – is
not a particularly common word/name. I don't believe it would be shared by
numerous other people – including NDIS participants and NDIA staff members
- especially when limited to a search of only AAT/ART-related information.
I also don't believe that running this word through your relevant LEX
database (or databases) will contain a large number of hits, especially
with linked documents excluded from your search.

 

 

 

Can you please tell me the number of hits you receive when running this
keyword through your relevant database(s), excluding any linked documents?

 

 

 

If you cannot produce the information in an excel format, then I would be
open to receiving it in another format.

 

 

 

Yours sincerely,

 

David Wright

 

 

 

-----Original Message-----

 

 

 

Dear David Wright

 

 

 

Thank you for your request for information.

 

 

 

Please find attached correspondence in relation to your request. If you

 

require this attachment in a different format, please let us know.

 

 

 

Please contact us at [1][NDIA request email] if you have any questions or

 

require help.

 

 

 

Kind regards

 

 

 

 

 

 

 

Laura

 

 

 

Assistant Director

 

 

 

Information Release, Privacy and Legal Operations Branch

 

 

 

Reviews and Information Release Division

 

 

 

National Disability Insurance Agency

 

 

 

E [2][NDIA request email]

 

 

 

[3]NDIA logo

 

 

 

[4]LGBTIQA+ rainbow graphic

 

 

 

The NDIA acknowledges the Traditional Custodians of Country throughout

 

Australia and their continuing connection to land, sea and community. We

 

pay our respects to them and their cultures and to Elders past, present

 

and emerging.

 

 

 

[5]Aboriginal and Torres Strait Islander flags graphic

 

 

 

 

 

 

 

References

 

 

 

Visible links

 

1. [7]mailto:[NDIA request email]

 

2. [8]mailto:[NDIA request email]

 

 

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

 

[9][FOI #13387 email]

 

 

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

 

[10]https://aus01.safelinks.protection.outlo...

 

 

 

Please note that in some cases publication of requests and responses will
be delayed.

 

 

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

 

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hide quoted sections

Hi David

Thanks for your response in which you disagreed my interpretation of the
Freedom of Information Act 1982 (FOI Act) and FOI Guidelines.

I am writing to advise you that disagree with your feedback in my role as
authorised decision maker in accordance with section 23 of the FOI Act. I
will continue to treat your 4 requests as a single request for the purpose
of the current practical refusal process.

I have strong grounds to assert that your requests are related to the same
subject matter, as they all seek LEX records related to ART cases over the
same date range containing the names of independent medical experts. There
is a clear connection between the subject matter of the 4 requests.

In addition, my interpretation of the FOI Act is well-supported by
published case law. Here is a link to a decision published by the Office
of the Australian Information Commissioner (OAIC) in 2024 that determined
whether it is lawful to treat multiple requests as being related to the
same subject matter. If you read this link, you will see that an applicant
disagreed with an authorised decision maker (at Services Australia) who
combined 6 requests together. However, OAIC upheld the decision of
Services Australia to combine the 6 requests on the grounds that there was
a clear connection between the subject matter of the requests.

https://www.austlii.edu.au/cgi-bin/viewd...

What options are available to you?

It is a fairly common occurrence for FOI applicants to disagree with the
decision made by an authorised decision maker. The good news is that the
FOI Act has many review mechanisms built into it! As an FOI applicant, you
always have the right to seek review of my final decision or lodge a
complaint.

My advice is to wait for a formal decision letter to be sent to you. This
decision letter will outline my full justification for combining the 4
requests. If you still disagree with my decision, then please exercise
your review rights! I welcome the chance for my FOI decisions to be
externally reviewed by the OAIC. The review process is always a wonderful
opportunity to interrogate the nuances of the legislation, set new
precendents and clarify the limitations of the FOI Act for applicants and
agencies alike!

The reason why I suggest that you wait for a formal decision is because we
don’t yet know how many search results will be returned. It’s possible
that the number of documents returned in your new, narrowed search will be
reasonable in size. If that happens, then the NDIA will continue
processing your request and there will be no disadvantage to you that I
combined them.

Let’s wait and see how many search hits we get.

Here are some options that you should consider in the future:

 1. When the NDIA sends you a formal decision letter, we will inform you
of your review rights. This usually includes seeking an internal
review. This means that another decision maker in the NDIA we review
your requests and make a new, independent decision. This decision
maker may come to a different conclusion. They may disagree that your
requests relate to the same subject matter. They may choose to process
them as 4 separate requests. You can only apply for an internal review
after we issue you with a formal decision. This means this option is
not yet available to you.
 2. If you are unhappy with the internal review decision, you can seek
external review by applying to the Office of the Australian
Information Commissioner (OAIC). This means that another decision
maker in OAIC we review your requests and make a new, independent
decision. This decision maker may come to a different conclusion. They
may disagree that your requests relate to the same subject matter.
They may choose to process them as 4 separate requests. If you lodge
an OAIC review, you will be given an opportunity to make submissions
about why you think my decision was wrong. Essentially, you get to
argue your case and try to persuade the OAIC that your understanding
of the FOI Act is the correct one!
 3. If you are unhappy with the OAIC decision, you can seek review at the
Administrative Reviews Tribunal (ART). This means that another
decision maker at the ART we review your requests and make a new,
independent decision. This decision maker may come to a different
conclusion. They may disagree that your requests relate to the same
subject matter. If you lodge an ART review, you will be given an
opportunity to make submissions about why you think my decision was
wrong. Essentially, you get to argue your case and try to persuade the
ART that your understanding of the FOI Act is the correct one!
 4. You can also make a complaint about the way the NDIA has handled your
FOI requests. You can do this directly by contacting the NDIA’s
feedback team. If you are unhappy with the NDIA’s response, you can
lodge a complaint with the OAIC. If the OAIC accepts your complaint,
they will investigation how the NDIA processed your request. If you
are unhappy with the way OAIC handles your complaint, you can then go
to Ombudsman.

I hope this has helped!

 

Kind regards

 

Laura

Assistant Director

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [1][NDIA request email]  

[2]NDIA logo

[3]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[4]Aboriginal and Torres Strait Islander flags graphic

 

-----Original Message-----
From: David Wright <[FOI #13387 email]>
Sent: Thursday, 14 August 2025 2:31 PM
To: foi <[NDIA request email]>
Subject: RE: Your request for information - Request consultation process -
[LEXD 1341] FOI 25/26-0063, [LEXD 1345] FOI 25/26-0064, [LEXD 1352] FOI
25/26-0065, [LEXD 1362] FOI 25/26-0066 [SEC=OFFICIAL]

 

Dear Laura

 

 

 

Thanks for your response. Can you please clarify further your rationale
for combinding the four requests into one. You cite section 24(2)(b) of
the FOI Act, which states:

 

 

 

“the agency or Minister may treat 2 or more requests as a single request
if the agency or Minister is satisfied that:

 

(a) the requests relate to the same document or documents; or

 

(b) the requests relate to documents, the subject matter of which is
substantially the same.”

 

 

 

However, I cannot see how this provision applies, given that you can't
know until the seach has been conducted whether the requests relate to:

 

(a) the same document or documents; or

 

(b) documents the subject matter is substantially the same.

 

 

 

I have asked that you search under four different names. The results of
these searches may vary dramatically, even if the search is confined to
AAT/ART matters. It is highly unlikely that the searches will produce the
same document or documents. And the subject matter of the documents that
will result from these keyword searches may be very different. There is no
basis for concluding at this point in time that the subject matter will be
'substantially the same'. 

 

 

 

Please treat my four requests as separate and discrete.

 

 

 

Yours sincerely,

 

David Wright

 

 

 

-----Original Message-----

 

 

 

Hi David

 

 

 

 

 

 

 

Thanks for your reply.

 

 

 

 

 

 

 

I have send a search consult to the relevant business areas within the

 

NDIA to determine how many hits appear within your search parameters. We

 

give line areas 7 days to respond to FOI search consults, so that their

 

other functions are not impacted. Therefore, you can expect another email

 

from by around 21 August 2025.

 

 

 

 

 

 

 

I will let you know when I get a response, or if there are delays.

 

 

 

 

 

 

 

There’s also something else I wanted to clarify with you. I have combined

 

your 4 requests and are treating them as a single request for the purpose

 

of this practical refusal process. This means you only have to reply to my

 

letter once. In order to avoid any confusion, I will only respond to one

 

of your Right to Know emails.

 

 

 

 

 

 

 

Bcause I have treated all 4 of your requests as a single request, I will

 

assess whether it is practical for us to process the total number of

 

documents produced as a result of all 4 searches together. This means it

 

is irrelevant if one or more of the surnames is uncommon and only produces

 

a small number of hits. Rather, it is now only relevant whether processing

 

the total volume of hits produced by all 4 searches together constitutes

 

an unreasonable diversion of agency resources.

 

 

 

 

 

 

 

This is outlined in section 24(2)(b) of the FOI Act.  

 

 

 

 

 

 

 

“the agency or Minister may treat 2 or more requests as a single request

 

if the agency or Minister is satisfied that:

 

 

 

 

 

 

 

(a) the requests relate to the same document or documents; or

 

 

 

 

 

 

 

(b) the requests relate to documents, the subject matter of which is

 

substantially the same.”

 

 

 

 

 

 

 

I hope this information helps!

 

 

 

 

 

 

 

Please let me know if there is anything else about FOI legislation thar

 

you would like som guidance on, as I am very happy to explain the proces.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

Laura

 

 

 

Assistant Director

 

 

 

Information Release, Privacy and Legal Operations Branch

 

 

 

Reviews and Information Release Division

 

 

 

National Disability Insurance Agency

 

 

 

E [1][NDIA request email]  

 

 

 

[2]NDIA logo

 

 

 

[3]LGBTIQA+ rainbow graphic

 

 

 

The NDIA acknowledges the Traditional Custodians of Country throughout

 

Australia and their continuing connection to land, sea and community. We

 

pay our respects to them and their cultures and to Elders past, present

 

and emerging.

 

 

 

[4]Aboriginal and Torres Strait Islander flags graphic

 

 

 

 

 

 

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

 

[5][FOI #13387 email]

 

 

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

 

[6]https://aus01.safelinks.protection.outlo...

 

 

 

Please note that in some cases publication of requests and responses will
be delayed.

 

 

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

 

-------------------------------------------------------------------

 

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IMPORTANT: This e-mail is for the use of the intended recipient only and
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dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
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6. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Hi David

Thanks for your email.

I am writing to reassure you that the outcome you fear is not going to
happen. This is because the FOI Act and FOI Guidelines contain many
provisions to ensure that the consultation process is meaningful, fair,
and reasonable. It is not lawful for me to immediately issue a refusal
decision letter because the 14-day consultation process is still active.
This is not the next step. Moreover, the consultation period can be
extended to any length of time if you agree to this in writing.

The standard 14-day period is not based on calendar days. It’s entirely
dependent upon the length of time it takes you to respond to my emails.
Only days where I am waiting your response are counted within the 14-day
formal consultation period. We can go back-and-forth with different
proposed scopes multiple times until our full “14-day consultation period”
has been exhausted.

What does this mean in practice? I sent you a formal “practical refusal
notice” letter on 6 August 2025. You responded on 12 August 2025. This
means only 6 days of your 14-day consultation period have elapsed. The
time it is taking me to consult with business areas in the NDIA does not
count in the 14-day consultation period. This means it doesn’t matter how
long it takes for the business area to let me know if your new scope is
reasonable – you’ve only used up 6 days of your total 14 days!

If the line area responds on 21 August and notifies me that the number of
documents are still too voluminous for them to process, I will contact you
again to advice you that I need your agreement to try out a new, narrower
scope. If it takes you another 6 days to respond to that email, that will
mean 12 days in total have elapsed during the consultation period. This
means it will still be possible to go back-and-forth a third time! And if
you respond even more promptly to my emails, you will be able to maximise
the number of times we go back-and-forth until the formal 14-day
consultation period has been exhausted.

This my legal obligation under the FOI Act.

Section 24AB(3) of the FOI Act states this: “If the applicant contacts the
contact person during the consultation period in accordance with the
notice, the agency or Minister must take reasonable steps to assist the
applicant to revise the request so that the practical refusal reason no
longer exists.”

The FOI Guidelines are even clearer about this! Paragraph 3.130 of the FOI
Guidelines state this: “Failure to adhere to the requirements under s 24AB
would amount to a procedural defect and may invalidate the practical
refusal decision.” This means that if you complained to the OAIC about my
handling of your practical refusal process on the grounds that I didn’t
take reasonable steps to help you, they would have the option of
invalidating the NDIA’s practical refusal process, which would effectively
re-open your matter with the NDIA! This would avoid the need for you to
engage in a lengthy OAIC review process.

And there are even more relevant provisions under the FOI Act! Section
24AB(5) of the FOI Act states that we can extend the 14-day process period
– if you give me written agreement. If we get to the end of the 14-day
period, and we both feel that we are getting close to a processable scope,
then let’s agree to extend it for another week or 2. Would this option be
acceptable to you?

I hope this reassures you that it is not lawful for me to move immediately
to a full refusal decision letter when only 6 days of the 14-day
consultation process have elapsed. This is not the next step. Such an
action would be a procedural defect on the part of the NDIA. I am
committed to taking all reasonable steps to try to help you arrive at a
processable scope, as are my legal obligations as an authorised FOI
decision maker.

If you have any more questions about this, could you please let me know.
If you’d prefer to speak about this over the phone, could you please
contact [1][NDIA request email] from a private email address and provide me
with your best contact number? Please do not share any personal
information via Right to Know, as this is a public platform I think we
might be able to arrive at a reasonable scope more efficiently if we could
chat about it.

However, I understand if you would prefer to communicate only through this
platform.

Please let me know if I can help further!

Kind regards

 

Laura

Assistant Director

Information Release, Privacy and Legal Operations Branch

Reviews and Information Release Division

National Disability Insurance Agency

E [2][NDIA request email]  

[3]NDIA logo

[4]LGBTIQA+ rainbow graphic

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

[5]Aboriginal and Torres Strait Islander flags graphic

 

 

-----Original Message-----
From: David Wright <[FOI #13387 email]>
Sent: Friday, 15 August 2025 5:55 PM
To: foi <[NDIA request email]>
Subject: RE: Your request for information - Request consultation process -
[LEXD 1341] FOI 25/26-0063, [LEXD 1345] FOI 25/26-0064, [LEXD 1352] FOI
25/26-0065, [LEXD 1362] FOI 25/26-0066 [SEC=OFFICIAL]

 

Dear Laura

 

 

 

Your response suggests that you will treat all four requests as one and
then the next step will be a formal decision letter, after which I can
consider review mechanisms of internal review and texternal review

 

 

 

My concern with this approach is that, by combining the four requests into
one, this increases the likelihood that you will refuse my request on the
basis that the request is too large.

 

 

 

If this happens, sending me a formal response letter does not give me the
option of consulting with you further to reduce the scope of my request -
for example, by withdrawing one or more of the four keywords.  All I can
do is appeal your decision based on all four requests being conbined.

 

 

 

Further, I am not sure that my internal review rights have been
maintained, because you did not ask for an extension of time for the
1-month statutory time period to provide the decision. If this is the
case, the only opton I would have is to go straght to OAIC - which will be
extremely lengthy. A much more effeicient approach, should the request be
too large, would be to agree on a reduced scope of my request, and not
involve OAIC at all.

 

 

 

Further, I am not interessted in appealing your decision of combining four
requests into one, because I now accept (based on your latest response)
that you do have this right. My concern now is that once you have made a
final decision based on all four requests being combined, I will have
totally lost the option of reducing the scope of my request, or submitting
a future request based on (for example), just one of the four keywords.

 

 

 

In short, the decision to combine all four requests into one unnecessarily
reduces future options of reducing he scope of my request, and obtain the
information that I seek. This is not in the interests of public
transparency. The overrriding principle should be that information is
provided on request, should the request meet the statutory requirements of
the FOI Act. This includes giving me the option of reducing the scope of
my request to meet those statutory requirements. Your preferred approach
would potentially deny me this option.

 

 

 

Therefore, I request that prior to providing me with a formal decision
letter, you advise me by email whether all four requests combined will
result in my request being granted. If your response is that the request
is too large, I would like the option of withrdawing one or more of my
four keyword requests, to limit its scope.

 

 

 

Could you please confirm that this option will be accommodated?

 

 

 

Yours sincerely,

 

David Wright

 

 

 

-----Original Message-----

 

 

 

Hi David

 

 

 

Thanks for your response in which you disagreed my interpretation of the

 

Freedom of Information Act 1982 (FOI Act) and FOI Guidelines.

 

 

 

I am writing to advise you that disagree with your feedback in my role as

 

authorised decision maker in accordance with section 23 of the FOI Act. I

 

will continue to treat your 4 requests as a single request for the purpose

 

of the current practical refusal process.

 

 

 

I have strong grounds to assert that your requests are related to the same

 

subject matter, as they all seek LEX records related to ART cases over the

 

same date range containing the names of independent medical experts. There

 

is a clear connection between the subject matter of the 4 requests.

 

 

 

In addition, my interpretation of the FOI Act is well-supported by

 

published case law. Here is a link to a decision published by the Office

 

of the Australian Information Commissioner (OAIC) in 2024 that determined

 

whether it is lawful to treat multiple requests as being related to the

 

same subject matter. If you read this link, you will see that an applicant

 

disagreed with an authorised decision maker (at Services Australia) who

 

combined 6 requests together. However, OAIC upheld the decision of

 

Services Australia to combine the 6 requests on the grounds that there was

 

a clear connection between the subject matter of the requests.

 

 

 

[6]https://aus01.safelinks.protection.outlo...

 

 

 

What options are available to you?

 

 

 

It is a fairly common occurrence for FOI applicants to disagree with the

 

decision made by an authorised decision maker. The good news is that the

 

FOI Act has many review mechanisms built into it! As an FOI applicant, you

 

always have the right to seek review of my final decision or lodge a

 

complaint.

 

 

 

My advice is to wait for a formal decision letter to be sent to you. This

 

decision letter will outline my full justification for combining the 4

 

requests. If you still disagree with my decision, then please exercise

 

your review rights! I welcome the chance for my FOI decisions to be

 

externally reviewed by the OAIC. The review process is always a wonderful

 

opportunity to interrogate the nuances of the legislation, set new

 

precendents and clarify the limitations of the FOI Act for applicants and

 

agencies alike!

 

 

 

The reason why I suggest that you wait for a formal decision is because we

 

don’t yet know how many search results will be returned. It’s possible

 

that the number of documents returned in your new, narrowed search will be

 

reasonable in size. If that happens, then the NDIA will continue

 

processing your request and there will be no disadvantage to you that I

 

combined them.

 

 

 

Let’s wait and see how many search hits we get.

 

 

 

Here are some options that you should consider in the future:

 

 

 

 1. When the NDIA sends you a formal decision letter, we will inform you

 

of your review rights. This usually includes seeking an internal

 

review. This means that another decision maker in the NDIA we review

 

your requests and make a new, independent decision. This decision

 

maker may come to a different conclusion. They may disagree that your

 

requests relate to the same subject matter. They may choose to process

 

them as 4 separate requests. You can only apply for an internal review

 

after we issue you with a formal decision. This means this option is

 

not yet available to you.

 

 2. If you are unhappy with the internal review decision, you can seek

 

external review by applying to the Office of the Australian

 

Information Commissioner (OAIC). This means that another decision

 

maker in OAIC we review your requests and make a new, independent

 

decision. This decision maker may come to a different conclusion. They

 

may disagree that your requests relate to the same subject matter.

 

They may choose to process them as 4 separate requests. If you lodge

 

an OAIC review, you will be given an opportunity to make submissions

 

about why you think my decision was wrong. Essentially, you get to

 

argue your case and try to persuade the OAIC that your understanding

 

of the FOI Act is the correct one!

 

 3. If you are unhappy with the OAIC decision, you can seek review at the

 

Administrative Reviews Tribunal (ART). This means that another

 

decision maker at the ART we review your requests and make a new,

 

independent decision. This decision maker may come to a different

 

conclusion. They may disagree that your requests relate to the same

 

subject matter. If you lodge an ART review, you will be given an

 

opportunity to make submissions about why you think my decision was

 

wrong. Essentially, you get to argue your case and try to persuade the

 

ART that your understanding of the FOI Act is the correct one!

 

 4. You can also make a complaint about the way the NDIA has handled your

 

FOI requests. You can do this directly by contacting the NDIA’s

 

feedback team. If you are unhappy with the NDIA’s response, you can

 

lodge a complaint with the OAIC. If the OAIC accepts your complaint,

 

they will investigation how the NDIA processed your request. If you

 

are unhappy with the way OAIC handles your complaint, you can then go

 

to Ombudsman.

 

 

 

I hope this has helped!

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

Laura

 

 

 

Assistant Director

 

 

 

Information Release, Privacy and Legal Operations Branch

 

 

 

Reviews and Information Release Division

 

 

 

National Disability Insurance Agency

 

 

 

E [1][NDIA request email]  

 

 

 

[2]NDIA logo

 

 

 

[3]LGBTIQA+ rainbow graphic

 

 

 

The NDIA acknowledges the Traditional Custodians of Country throughout

 

Australia and their continuing connection to land, sea and community. We

 

pay our respects to them and their cultures and to Elders past, present

 

and emerging.

 

 

 

[4]Aboriginal and Torres Strait Islander flags graphic

 

 

 

 

 

 

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

 

[7][FOI #13387 email]

 

 

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

 

[8]https://aus01.safelinks.protection.outlo...

 

 

 

Please note that in some cases publication of requests and responses will
be delayed.

 

 

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

 

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