Our reference: FOI 24/25-0265
GPO Box 700
Canberra ACT 2601
1800 800 110
20 December 2024
ndis.gov.au
Gina
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Gina
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 17 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).
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:
“…Please provide me the following documents from a prior FOI request?
As well as other documents prepared by Redbridge Group that the NDIA has received
since July 2023.
Details about the request:
23/24-0567
15/03/2024
Documents prepared for the NDIA by Redbridge Group between 1 February 2023 and 1
July 2023. Freedom of Information Team of the Agency at xxx@xxxx.xxx.xx 2 documents
were released in full…”
Processing period
On 6 September 2024, we contacted you to request a 30-day extension of time under
section 15AA of the FOI Act. I note that we have not received a response.
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The original due date for us to provide you with a decision on access was 16 September
2024. I apologise that we did not meet this deadline. We have been experiencing processing
delays and were not able to provide you with our decision by the due date. Consequently,
we are deemed to have refused your application under section 15AC of the FOI Act.
Therefore, internal review of this decision is not an option. However, your right to apply for
an external review with the Office of the Australian Information Commissioner remains
protected. Please see
Attachment B for more information about your rights of 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 identified 20 documents, which fall within the scope of your request.
The documents were identified by consulting with relevant NDIA staff from Strategic
Communications Division who could be expected to conduct searches of NDIA’s systems,
using all reasonable search terms to identify documents within the scope of your request.
I have decided to:
• grant access to 11 documents in full;
• grant access to 5 documents in part; and
• refuse access to 4 documents.
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
• the NDIA’s operating environment and functions.
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have decided that Documents 8, 10, 12 to 14, and 17 to 20, contain material that is exempt
from disclosure under the FOI Act.
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In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt material from these documents and have concluded that it is reasonably
practicable to do so. Accordingly, I have prepared an edited copy of these documents with
the exempt material removed.
Reasons for decision
Personal privacy (section 47F)
Section 47F of the FOI Act states that a document is conditionally exempt if its disclosure
under the Act would involve the unreasonable disclosure of personal information about any
person.
The term “personal information" is defined as information or an opinion about an identified
individual, or an individual who is reasonably identifiable, whether or not the information or
opinion is true and whether or not it is recorded in a material form.
I have identified material in Documents 17 to 20 which contains personal information of a
third party.
In determining whether the disclosure of that information would be unreasonable, the FOI
Act requires that I take account of all the relevant factors, including:
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. the affect the release of the personal information could reasonably have on the third
party.
Against these criteria, I take the view that:
a. it is apparent from the information that an individual is identifiable; and
b. the information contained within the documents is not well known or readily available
from publicly accessible sources.
I conclude that it would be unreasonable to disclose publicly this personal information, and it
is therefore, conditionally exempt under section 47F of the FOI Act.
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Business Information (section 47G)
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.
Documents 8, 10, 12 to 14, and 17 to 20, falling within scope of your request contain
information, such as moderator guides and parts of invoices, which I consider as
conditionally exempt from release under section 47G of the FOI Act.
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. The third party has contended that the disclosure of this information
would unreasonably affect their business affairs, in that it would infringe on confidentiality
agreements and could unfairly affect the lawful operations of their business.
Disclosure of the moderator guides could reasonably be expected to harm the business
involved, by allowing competitors to gain insight into the methodology and techniques used
by said third-party. These documents make explicit and implicit reference to these
techniques and would provide an unfair advantage to competitors attempting to adapt them
and market them to potential clients.
Disclosure of payment information, specifically pricing structures, could reasonably be
expected to harm the business involved by allowing competitors to achieve an unfair
advantage when providing or seeking to provide similar services. In relation to research
consultancy specifically, the disclosure could potentially undermine the NDIA’s ability to
achieve value for money when procuring similar services.
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I am therefore, satisfied that the disclosure of this information would or could unreasonably
affect an organisation or undertaking in respect of its lawful business, commercial or
financial affairs and is exempt under 47G(1)(a) of the FOI Act.
Public interest considerations – sections 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.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
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 8, 10,
12 to 14, and 17 to 20 would promote the objects of the FOI Act by providing access to
documents held by the government (including all the matters set out in sections 3 and 3A).
Against disclosure, I consider that disclosure of the relevant information in Documents 8, 10,
12 to 14, and 17 to 20:
• 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 promote oversight of public expenditure.
While there is limited public interest in the disclosure of information conditionally exempt
under sections 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 and
• 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
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to release this information to you. Accordingly, I have decided that the relevant information in
these documents 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 at
xxx@xxxx.xxx.xx.
Yours sincerely
Ramya (RMO 260) Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Schedule of Documents for FOI 24/25-0265
Document
Page
Description
Access Decision
number
number
NDIA Focus Group Research Report
FULL ACCESS
1
1-30
Date: March 2023
NDIA - Policy Proposal Testing Focus Group Research Report
FULL ACCESS
2
31-53
Date: March 2023
NDIA Communications Research Presentation
FULL ACCESS
3
54-60
Date: October 2023
NDIA Communications Research Presentation v1.2
FULL ACCESS
4
61-68
Date: October 2023
NDIA Communications Research – Conclusions and Recommendations
FULL ACCESS
5
69-73
Date: September-October 2023
NDIA Communications Research – Conclusions and Recommendations v1
FULL ACCESS
6
74-77
Date: September-October 2023
NDIA Final Messaging
FULL ACCESS
7
78-80
Date: October 2023
NDIA Phase 2 Mod Guide v4
ACCESS REFUSED
8
81-84
Date: Not available
Exemption claimed:
s47G – business information
NDIA Reform Communications Testing: Round Two Focus Group Research Report
FULL ACCESS
9
85-122
Date: October 2023
1
Document
Page
Description
Access Decision
number
number
NDIA Reform Communications Focus Group Research Report
PARTIAL ACCESS
10
123-165
Date: October 2023
Exemption claimed:
s47G – business information
NDIA Reform Communications Testing: Round Two Focus Group Research Report
FULL ACCESS
11
166-201
Date: October 2023
NDIA – Reform Communications PHASE 2 Moderation Guide v1
ACCESS REFUSED
12
202-207
Exemption claimed:
s47G – business information
NDIA – Reform Testing Moderation Guide v1.4
ACCESS REFUSED
13
208-214
Exemption claimed:
s47G – business information
Pathway Diagram v1
ACCESS REFUSED
14
215
Exemption claimed:
s47G – business information
NDIS research Phase 2 Recruitment Specification: Community Issues v1
FULL ACCESS
15
216-221
Date: October 23
NDIS research Phase 2 Recruitment Specification: Community Issues v2
FULL ACCESS
16
222-227
Date: October 23
Tax Invoice INV-0749
PARTIAL ACCESS
17
228
Date: 10 October 2023
Exemptions claimed:
s47F – personal privacy
s47G – business information
Tax Invoice INV-0750
PARTIAL ACCESS
18
229
Date: 12 October 2023
8
Document
Page
Description
Access Decision
number
number
Exemptions claimed:
s47F – personal privacy
s47G – business information
Tax Invoice INV-0757
PARTIAL ACCESS
19
230
Date: 26 October 2023
Exemptions claimed:
s47F – personal privacy
s47G – business information
Tax Invoice INV-0779
PARTIAL ACCESS
20
231
Date: 2 November 2023
Exemptions claimed:
s47F – personal privacy
s47G – business information
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