Our reference: FOI-2 24/25-0194
GPO Box 700
Canberra ACT 2601
1800 800 110
22 August 2024
ndis.gov.au
Shirley Humphris
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Shirley Humphris
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 8 August 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:
…all submissions to the NDIS Review…
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your
request and the reasons for my decision are set out below.
I have decided to refuse your request for access under section 24A of the FOI Act.
In reaching my decision, I took the following into account:
your correspondence outlining the scope of your request
the FOI Act
the FOI Guidelines published under section 93A of the FOI Act
consultation with relevant officers of the NDIA, Department of Social Services (DSS)
and the Department of the Prime Minister and Cabinet (PM&C)
the NDIA’s operating environment and functions.
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Reasons for decision - Refuse a request for access (section 24A)
Section 24A of the FOI Act provides that an agency may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the agency is
satisfied that the document cannot be found or does not exist.
I have conducted searches of the NDIA’s document management systems and made
enquiries with NDIA staff who could be expected to identify documents within the scope of
your request. These enquiries have revealed that the NDIA is not in possession of
documents matching the scope of your request. This is because the NDIA does not hold
these documents. The NDIS Review was conducted separately to the NDIA. The NDIS
Review website is managed by DSS, and the NDIS submissions were managed by PM&C.
We attempted to transfer your request to both DSS and PM&C in accordance with section 16
of the FOI Act. Both agencies declined to accept the transfer.
I am satisfied that all reasonable steps have been taken to locate the documents you have
requested and that the documents do not exist. I have, therefore, decided to refuse access
to your request in accordance with section 24A(1)(b)(ii) of the FOI Act.
Further information
As outlined in my email to you on 19 August 2024, the submissions are available in an
archived version of the NDIS Review website available through Trove, which can be found at
the following link: 15 Dec 2023 - Submissions | NDIS Review - Trove (nla.gov.au).
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment A.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email at xxx@xxxx.xxx.xx.
Yours sincerely
Carolyn (CJW205) Senior FOI Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
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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