Our reference: FOI 23/24-1191
GPO Box 700
Canberra ACT 2601
1800 800 110
27 June 2024
ndis.gov.au
Emily Lacey
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Emily Lacey
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 4 May 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).
Scope of your request
You have requested access to the following documents:
“The Technical Advisory Branch compiles research on particular diagnoses. This type
of document has been released previously as a part of FOI 23/24-1015, FOI 23/24-
0467 and FOI 21/22-1232.
I am requesting the TAB's research document regarding "Fibromyalgia".
Extension of time
On 3 June 2024 you agreed to a 30-day extension of time under section 15AA of the FOI
Act, making 3 July 2024 the new date to provide you with a decision on access.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act.
I have conducted searches, using all reasonable search terms that could return documents
relevant to your request, and consulting with relevant NDIA staff who could be expected to
be able to identify documents within the scope of the request.
From these searches, I have identified 2 documents which fall into the scope of your
request. I have decided to refuse access to 2 documents in full.
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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 and FOI Guidelines published under section 93A of the FOI Act
• consultation with relevant NDIA staff
• factors relevant
Reasons for decision
My reasons for the decision are set out in
Attachment A.
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 at
xxx@xxxx.xxx.xx.
Yours sincerely
Cooper (CHH647)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Reasons for Decision
Deliberative processes (section 47C)
I have decided to refuse access to documents 1 and 2 under section 47C of the FOI Act.
Section 47C of the FOI Act conditionally exempts a document if its release would disclose
deliberative matter in the nature of, or relating to, opinion, advice or recommendation
obtained, prepared or recorded, or consultation or deliberation that has taken place, in the
course of, or for the purposes of, the deliberative processes involved in the functions of an
agency.
Documents 1 and 2 are internal working documents that were collated as part of a research
program. The research program is in the early stages and the relevant documents include
information that has been collated during the preliminary stage and do not reflect the
agency’s final judgment surrounding Fibromyalgia.
Section 47C(2) of the FOI Act provides that deliberative matter does not include purely
factual material. The FOI Guidelines provide that ‘purely factual material’ does not extend to
factual material that is an integral part of the deliberative content and purpose of a
document, or is embedded in or intertwined with the deliberative content such that it is
impractical to excise it.
I am satisfied that documents 1 and 2 contain information that meets the definition of
‘deliberative material’. I am also satisfied that to the extent that the parts of the documents
that contain factual material, the factual material is an integral part of the deliberative
content, or is embedded or intertwined with the deliberative content such that is it impractical
to excise.
Therefore, I find that documents 1 and 2 do not contain purely factual material, and are
conditionally exempt under section 47C of the FOI Act.
Public interest considerations – section 47C
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.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
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Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review
will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in
writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review
process, you should clearly outline your grounds for review (that is, the reasons why you
disagree with the decision). Applications for internal review can be lodged by email to
xxx@xxxx.xxx.xx or sent by post to:
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 also 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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