Our reference: FOI 24/25-0113
GPO Box 700
Canberra ACT 2601
1800 800 110
23 August 2024
ndis.gov.au
Emily Lacey
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Emily Lacey
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 26 July 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:
The internal documents:
1. Practice Guide – Review of Decisions
(https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fintranet.ndiastaff.
ndia.gov.au%2Fservice-delivery%2FPages%2FPractice-
Guidance.aspx&data=05%7C02%7Cfoi%40ndis.gov.au%7C2ff38296ede447dc832908d
cad655db6%7Ccd778b65752d454a87cfb9990fe58993%7C0%7C0%7C6385758982329
42430%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJ
BTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C60000%7C%7C%7C&sdata=lWk65YUsktp2P1%
2BZA2EtmzbqVw%2Fp1JU6mpGORpn22%2BM%3D&reserved=0 )
2. Standard Operating Procedure – Complete a Verbal Access Request (VAR)
(https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fintranet.ndiastaff.
ndia.gov.au%2Fservice-
delivery%2FPathwayResources%2FSOP_Access_CompleteVAR.docx&data=05%7C02
%7Cfoi%40ndis.gov.au%7C2ff38296ede447dc832908dcad655db6%7Ccd778b65752d4
54a87cfb9990fe58993%7C0%7C0%7C638575898232950776%7CUnknown%7CTWFpb
GZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%
1
3D%7C60000%7C%7C%7C&sdata=nkPM1PeqhGKyFfK7n%2FWhvoGCblYTosQZ3sx
mfUXxKSY%3D&reserved=0 )
3. Standard Operating Procedure – Attach evidence – Validate access request
(https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fintranet.ndiastaff.
ndia.gov.au%2Fservice-
delivery%2FPathwayResources%2FSOP_Access_AttachEvidence_ValAccessRequest.d
ocx&data=05%7C02%7Cfoi%40ndis.gov.au%7C2ff38296ede447dc832908dcad655db6
%7Ccd778b65752d454a87cfb9990fe58993%7C0%7C0%7C638575898232953641%7C
Unknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1ha
WwiLCJXVCI6Mn0%3D%7C60000%7C%7C%7C&sdata=hHLdQehRW1KejRyT8wN9dB
AOrcaLQEQjufOEEGyZvnI%3D&reserved=0 )
4. Article “Review the escalation and prioritisation matrix”
(https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fndia.my.salesforc
e.com%2Farticles%2FKnowledge%2F202260459&data=05%7C02%7Cfoi%40ndis.gov.a
u%7C2ff38296ede447dc832908dcad655db6%7Ccd778b65752d454a87cfb9990fe58993
%7C0%7C0%7C638575898232956481%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC
4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C60000%7C%7
C%7C&sdata=PTvgzTgBfWJOroNcOnWFZd%2B8fXJGqq953YuIxcoocyk%3D&reserve
d=0 )
5. Article “Create a participant plan change request where the legislative type isn't
specified”
(https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fndia.my.salesforc
e.com%2Farticles%2FKnowledge%2F390927971&data=05%7C02%7Cfoi%40ndis.gov.a
u%7C2ff38296ede447dc832908dcad655db6%7Ccd778b65752d454a87cfb9990fe58993
%7C0%7C0%7C638575898232959998%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC
4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C60000%7C%7
C%7C&sdata=b4Ymh15XuYG8WZL0f09UOyTgrfdx8LO6goJ9B8ndPn4%3D&reserved=
0)
Search efforts
A search for documents has been conducted by the NDIA’s Service Guidance and Practice
(SG&P) branch, and I have been provided with 5 copies of documents relevant to the scope
of your request.
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Decision on access to documents
After examining the document, I have decided to grant access to 3 documents in full and 2
documents in part.
I made this decision as an authorised FOI decision maker under section 23(1) of the FOI
Act.
Reason for decision
I have decided that some information will not be released as it comprises information that is
conditionally exempt under section 47F, where disclosure would be contrary to the public
interest.
A detailed statement of reasons for my decision can be found at attachment A.
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment B,
are enclosed.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment C.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email
at xxx@xxxx.xxx.xx.
Yours sincerely,
Wendy (WNN633) Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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link to page 4 link to page 4 link to page 4
Attachment A
Statement of Reasons
FOI 24/25-0113
_________________________________________________________________________
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have decided that document 2 and 3 contains material that is exempt from disclosure under
the FOI Act. This material can generally be described as the names of third-party organisations
and the personal identifying information of NDIS participants and other individuals.
I have also identified that Document 3 contains material that is irrelevant to your request.
The irrelevant material relates to names and contact details of NDIA staff. In accordance
with section 22 of the FOI Act, I have considered whether it is possible to delete the exempt
and irrelevant material from the documents and have concluded that it is reasonably
practicable to do so. Accordingly, I have prepared an edited copy of the documents with the
exempt and irrelevant material removed.
Relevant Law
Under the FOI Act, a person has a legally enforceable right to obtain access to a document
of an agenc
y,1 however a decision maker must decide whether access to a conditionally
exempt document would, on balance, be contrary to the public in
terest.2
Personal Information – section 47F
Section 47F of the FOI Act conditionally exempts a document if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a
deceased person).
Personal information means information or an opinion about an identified individual, or an
individual who is reasonably identifiable:
a. whether the information or opinion is true or not
b. whether the information or opinion is recorded in a material form or n
ot.3
I have identified material in the documents falling within scope of your request which
contains personal information of third parties. The information in issue can be described as
1 Section 11(1)(a) of the FOI Act.
2 Section 11B(1)-(5) of the FOI Act.
3 Paragraph 6.127 of the FOI Guidelines.
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information about NDIS participants which has been used as an example for training
purposes. I am satisfied this information meets the definition of personal information.
Public interest considerations
Irrelevant factors
I have examined the irrelevant factors in section 11B(4) of the FOI Act and I am satisfied I
have not taken into account any irrelevant factors in reaching my decision.
Factors favouring disclosure
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 information would:
• promote the objects of the FOI Act (including all matters set out in sections 3 and 3A;
and
• allow a person to access his or her personal information.
This is because providing access to documents held by the NDIA allows for increased
scrutiny, discussion, comment, and review of government held information. For these
reasons, I have afforded significant to the factors favouring disclosure.
Factors favouring nondisclosure
The FOI Act does not list any factors weighing against disclosure as these factors will
depend on the circumstances. However, the inclusion of exemptions and conditional
exemptions in the FOI Act recognises that harm may result from the disclosure of some
types of documents in certain circumstances.
I note, in the circumstances of this matter, that the disclosure of the information in issue
could reasonably be expected to:
• affect an individual’s right to privacy by having their personal information in the public
domain; and
• cause a public interest harm if disclosure would disclose personal information of a
person (including a deceased person).
Parliament’s intention to protect the privacy of individuals is evidenced by the terms of both
the
Privacy Act 1988 (Cth) and the
National Disability Insurance Scheme Act 2013 (Cth). I
am satisfied that by disclosing the names and personal opinions of the individuals whose
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information I have redacted from the documents, could reasonably be expected to prejudice
those individuals’ right to privacy and cause harm to the public interest.
I have therefore decided to afford significant weight to these factors favouring nondisclosure
of the information in issue.
Balancing the relevant factors
As the information in issue relates to the personal information of a number of third-parties, I
am satisfied that disclosure of the information could reasonably be expected to impact the
privacy of those individuals.
In summary, I am satisfied that the factors against the 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 to release the majority of the information to you, with contrary to
the public interest information removed under section 47F of the FOI Act.
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Attachment B
Schedule of Documents for FOI 24/25-0113
Document
Page
Description
Access Decision
Comments
number
number
Practice Guide – Review of Decisions
FULL ACCESS
1
1-11
Various dates
Standard Operating Procedure – Complete a
PARTIAL ACCESS
2
12-42
Verbal Access Request
Exemption claimed:
Various dates
s47F – personal privacy
Standard Operating Procedure – Attach
PARTIAL ACCESS
Irrelevant material
3
43-74
evidence – validate access request
removed under section
Exemption claimed:
22 of the FOI Act
Various dates
s47F – personal privacy
Knowledge Article – Review the escalation and
FULL ACCESS
4
75-82
prioritisation matrix
Various dates
Knowledge Article – Create a participant plan
FULL ACCESS
5
83-93
change request where the legislative type isn’t
specified
Various dates
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Attachment C
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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