Our reference: FOI 23/24-1123
GPO Box 700
Canberra ACT 2601
1800 800 110
8 August 2024
ndis.gov.au
Scott Dwyer
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Scott Dwyer
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 17 April 2024, in which you requested access to
documents held by the National Disability Insurance Agency (NDIA), under the
Freedom of
Information Act 1982 (FOI Act).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You have requested access to the following documents:
…Latrobe Uni - Department of Psychology and Public Health I am seeking the costings
amount the NDIA payed to Latrobe Uni for services in reference to receiving the report
dated 7/8/2019 Titled Key Terms For Animals in Disability Assistance Roles , Authored
by Dr Tiffani Howell
Timeframe We have been experiencing processing delays and were not able to provide our decision to
you by the due date. Consequently, your application was regarded as a deemed refusal
under section 15AC of the FOI Act.
I note this access decision is being released to you after the due date and I apologise for the
delay. In the interests of not causing any further delays, I have decided not to apply for an
extension to the processing period from the Office of the Australian Information
Commissioner (OAIC) under section 15AC of the FOI Act, but I note that you will still have
external review rights on this decision.
Search efforts
Searches for documents were conducted by the Chief Financial Officer division and I confirm
2 documents responsive to your application were located.
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Third Party Consultation
On 9 July 2024, I advised you that I had decided it was necessary to consult with a third-
party who I reasonably believed might have concerns about the disclosure of some of the
matter contained within the documents. I also sought your consent to the release of your
name as applicant to the third party, however, you did not agree.
I note that I proceeded with the third party consultation without the disclosure of your name.
Result of Third-Party Consultation On 24 July 2024, I received a response from the third party advising they had no objections
to the disclosure of the documents provided for consultation.
Decision on access to documents
I have decided to grant access to 2 documents in part.
I made this decision as an authorised FOI decision maker under section 23(1) of the FOI
Act.
In reaching my decision, I took the following into account:
• your correspondence outlining the scope of your request
• the nature and content of the documents falling within the scope of your request
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI Act
• factors relevant to my assessment of whether or not disclosure would be in the public
interest
Reasons for decision Personal privacy (section 47F)
Section 47F of the FOI Act conditionally exempts documents if its disclosure would involve
the unreasonable disclosure of personal information about any person (including a deceased
person).
I have identified material in the documents falling within scope of your request which
contains personal information of third parties.
Under section 47F(2) of the FOI Act, in determining whether the disclosure of documents
would involve unreasonable disclosure of personal information, regard must be had to:
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources; and
d. any other matters that the agency considers relevant.
Against these criteria, I take the view that:
a. it is apparent from the information that an individual is identifiable; and
b. the information referred to above is not readily available from publicly accessible sources
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With reference to the assessment above, it would be unreasonable to disclose publicly this
personal information and therefore the documents are conditionally exempt under
section 47F (1) of the FOI Act.
Business Information (section 47G)
Some documents
falling within scope of your request contain information that is conditionally
exempt from release under section 47G of the FOI Act.
Section 47G of the FOI Act conditionally exempts a document if its disclosure would disclose
information concerning a person in respect of their business or professional affairs or
concerning the business, commercial or financial affairs of an organisation or undertaking, in
which the disclosure of the information:
• would or could reasonably be expected to, unreasonably affect that person adversely in
respect of their lawful business or professional affairs of that organisation or undertaking
in respect of its lawful business, commercial or financial affairs; or
• could reasonably be expected to prejudice the future supply of information to the
Commonwealth or an agency for the purpose of the administration of a law of the
Commonwealth or of a Territory or the administration of matters administered by an
agency.
The information that is conditionally exempt includes sensitive business details of a third
party that were provided to the Agency in confidence with an expectation that they would not
be disclosed further. I note that the disclosure of this information would unreasonably affect
the third party’s business affairs, in that it would infringe on confidentiality agreements and
could unfairly affect the lawful operations of their business.
I am satisfied that the disclosure of this information could unreasonably and adversely affect
the business affairs of a third party and affect any potential or current business relationship
with the Agency.
Public interest considerations – section 47F and 47G
Section 11A(5) of the FOI Act provides that access to a document covered by a conditional
exemption must be provided unless disclosure would be contrary to the public interest.
In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI
Act, and I have determined that disclosure of the relevant information in Documents 1 and 2
would promote the objects of the FOI Act by providing access to documents held by the
government.
Against disclosure, I consider that disclosure of the relevant information in Documents 1 and
2:
• would not contribute to the publication of information of sufficient public interest to justify
the likely harm caused by release
• would not enhance Australia’s representative democracy in the ways described in
section 11B(3) of the FOI Act
• would not inform any debate on a matter of public importance, or promote oversight of
public expenditure.
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While there is limited public interest in the disclosure of information conditionally exempt
under section 47F and 47G of the FOI Act, the harm that would result from disclosure is that
it could reasonably be expected to:
• affect an individual’s right to privacy by having their personal information in the public
domain
• compromise the business or professional affairs of a third party and interfere with their
ability to undertake their lawful business.
In summary, I am satisfied that the factors against disclosure of the information outweigh the
factors in favour of disclosure and that, on balance, it would be contrary to the public interest
to release this information to you. Accordingly, I have decided that the relevant information in
Documents 1 and 2 is exempt under sections 47F and 47G of the FOI Act.
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are enclosed.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment B.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email a
t xxx@xxxx.xxx.xx. Yours sincerely
Wendy (WNN633)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Schedule of Documents for FOI 23/24-1123
Document
Page
Description
Access Decision
number
number
La Trobe University Tax Invoice
PARTIAL ACCESS
1
1
Date: 5 June 2018
Exemptions claimed:
s47F – personal privacy
s47G – business information
La Trobe University Tax Invoice
PARTIAL ACCESS
2
2
Date: 30 September 2019
Exemptions claimed:
s47F – personal privacy
s47G – business information
.
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Attachment B
Your review rights
As this matter was a deemed refusal, internal review of this decision is not an option.
However, if you have concern with any aspect of this decision, please contact the NDIA FOI
team by emai
l xxx@xxxx.xxx.xx or by post:
Freedom of Information Section
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act gives you the right to apply to the Office of the Australian Information
Commissioner (OAIC) to seek a review of this decision.
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.
Applications for review can be lodged with the OAIC in the following ways:
Online:
www.oaic.gov.au
Post:
GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone:
1300 363 992 (local call charge)
Complaints to the Office of the Australian Information Commissioner or the
Commonwealth Ombudsman
You may complain to either the Commonwealth Ombudsman or the OAIC about actions
taken by the NDIA in relation to your request. The Ombudsman will consult with the OAIC
before investigating a complaint about the handling of an FOI request.
Your complaint to the OAIC can be directed to the contact details identified above. Your
complaint to the Ombudsman can be directed to:
Phone:
1300 362 072 (local call charge)
Email:
xxxxxxxxx@xxxxxxxxx.xxx.xx
Your complaint should be in writing and should set out the grounds on which it is considered
that the actions taken in relation to the request should be investigated.
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