FOI 24.25 0223 Notice of Decision.pdf

Our reference: FOI 24/25-0223
GPO Box 700
Canberra   ACT   2601
1800 800 110
4 October 2024
ndis.gov.au

Melissa O’Connell

By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Melissa
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 18 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 fol owing documents:
* Improving upper limb function after spinal cord injury
* Exercise and physiotherapy for progressive conditions
* Arm cycle ergometer for spinal cord injury
* Exercise physiology and brain injury
* Functional Electrostimulation Therapy for Spinal Cord Injury
* Efficacy of chiropractic treatment
* Restless legs syndrome and multiple sclerosis
* Guillain-Barre syndrome diagnosis in children
* Guil ain Barre Syndrome
* Length of High Intensity Intervention for ABI, SCI and Amputees
* Massage Therapy for Multiple Sclerosis
* List of rapidly progressing conditions
* Treatment of Chronic Migraine
* Medical Definitions
* Rehabilitation Training Machines
Extension of time

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On 20 September 2024, you agreed to a 15-day extension of time under section 15AA of the
FOI Act, making 2 October 2024 the new date to provide you with a decision on access.
I apologise for the delay in providing you with a decision.
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 15 documents which fall within the scope of your request.
The documents were identified by the Technical Advisory Branch.
I have decided to one (1) document in full and fourteen (14) documents in part.
In reaching my decision I considered:
•  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
•  consultation with Technical Advisory Branch
•  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 1 to 13 and Document 15 contain material that is exempt
from disclosure under the FOI Act.
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.
Reasons for decision
Personal privacy (section 47F)
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Section 47F of the FOI Act conditionally exempts a document(s) if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a
deceased person).
The conditionally exempt material contains references the surnames and positions of staff
members which have not previously been disclosed to you.
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.
With reference to the assessment above, it would be unreasonable to disclose publicly this
personal information and is therefore conditional y exempt under section 47F(1) of the FOI
Act.
Public interest considerations – section 47F
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 the Documents listed
above 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:
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•  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.
While there is limited public interest in the disclosure of information conditionally exempt
under section 47F 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.
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 to 13 and Document 15 is exempt under section 47F 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

Kylie (KJB737)
Assistant Director
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Schedule of Documents for FOI 24/25-0223

Document
Description
Access Decision
number
1
Improving upper limb function after spinal cord injury
PARTIAL ACCESS

(also titled RES 344 Therapy for chronic incomplete cervical spinal cord injury)
Exemption(s) claimed:

s47F – personal privacy

2
Exercise and physiotherapy for progressive conditions
PARTIAL ACCESS

(also titled RES 340 Physiotherapy and exercise for progressive neurological
Exemption(s) claimed:
conditions)
s47F – personal privacy
3
Arm cycle ergometer for spinal cord injury
PARTIAL ACCESS

(also titled RES 320 Arm cycle ergometer for spinal cord injury)
Exemption(s) claimed:

s47F – personal privacy
4
Exercise physiology and brain injury
PARTIAL ACCESS

(also titled RES 318 Exercise physiology and stroke)
Exemption(s) claimed:
s47F – personal privacy

5
Functional Electrostimulation Therapy for Spinal Cord Injury
PARTIAL ACCESS

(also titled RES 293 Functional Electrostimulation Therapy after Spinal Cord
Exemption(s) claimed:
Injury)
s47F – personal privacy

1

Document
Description
Access Decision
number
6
Efficacy of chiropractic treatment
PARTIAL ACCESS

(also titled RES 264 Efficacy of chiropractic treatment)
Exemption(s) claimed:
s47F – personal privacy

7
Restless legs syndrome and multiple sclerosis
PARTIAL ACCESS

(also titled RES 256 Restless leg syndrome associated with Multiple Sclerosis,
Exemption(s) claimed:
schizophrenia and antipsychotic medication)
s47F – personal privacy

8
Guillain-Barre syndrome diagnosis in children
PARTIAL ACCESS

(also titled RES 244 Guil ain-Barre syndrome diagnosis in children)
Exemption(s) claimed:
s47F – personal privacy

9
Guil ain Barre Syndrome
PARTIAL ACCESS

(also titled RES 212 Research – Guil ain Barre Syndrome)
Exemption(s) claimed:
s47F – personal privacy

10
Length of High Intensity Intervention for ABI, SCI and Amputees
PARTIAL ACCESS

(9 July 2021)
Exemption(s) claimed:

s47F – personal privacy

11
Massage Therapy for Multiple Sclerosis
PARTIAL ACCESS

(also titled RES 191 Research – Massage Therapy as an Intervention for Multiple
Exemption(s) claimed:
Sclerosis)
s47F – personal privacy

6

Document
Description
Access Decision
number
12
List of rapidly progressing conditions
PARTIAL ACCESS

Exemption(s) claimed:
s47F – personal privacy

13
Treatment of Chronic Migraine
PARTIAL ACCESS

(also titled RES 175 Treatment of Chronic Migraine)
Exemption(s) claimed:
s47F – personal privacy

14
Medical Definitions
FULL ACCESS
15
Rehabilitation Training Machines
PARTIAL ACCESS

(also titled
Exemption(s) claimed:
Research Request – Efficacy of Rehabilitation Training Machines 3 June 2020)
s47F – personal privacy

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