Our reference: FOI 24/25-0309
GPO Box 700
Canberra ACT 2601
1800 800 110
17 October 2024
ndis.gov.au
Julie Keys
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Julie Keys
Freedom of Information request - Notification of Decision
Thank you for your correspondence of 5 September 2024, requesting access, under the
Freedom of Information Act 1982 (FOI Act), to documents held by the National Disability
Insurance Agency (NDIA).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You requested access to the following documents:
“….I request a copy of all documents held or used by the NDIA to determine whether or
not a person with the neurological condition Myalgic Encephalomyelitis (ME) is
permanently disabled.”
Extension of time
On 6 October 2024, you agreed to a 7-day extension of time under section 15AA of the FOI
Act, making 15 October 2024 the new date to provide you with a decision on access. The
Office of the Australia Information Commissioner (OAIC) was advised of this agreement on 8
October 2024.
Expiration of Time
On 14 October 2024, I emailed you and requested a further 3-day extension under section
15AA of the FOI Act. You did not respond and as a result we are deemed to have refused
your request under section 15AC of the FOI Act.
Despite this, I have continued to process your application. I apologise for the delay and
confirm that you retain your right to seek external review of this decision.
Search efforts
Staff from the NDIA’s Service Guidance (SG), Technical Advice and Practice Improvement
(TAPIB) and Scheme Eligibility branches conducted searches for documents and no
documents relating to your scope were identified.
Decision on access to documents
I have decided to refuse
access to the information you have requested on the basis that the
documents are non-existent or cannot be located pursuant to section 24A of the FOI Act.
The reasons for my decision are set out in
Attachment A of this decision letter.
I made this decision as an authorised FOI decision maker under section 23(1) of the FOI
Act.
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Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment B.
If you have any enquiries about this matter, please contact me by email
at xxx@xxxx.xxx.xx. Yours sincerely
Jennifer (JFD472)
Senior Freedom of Information
Complaints Management and FOI Branch
General Counsel Division
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Attachment A
Statement of Reasons
FOI Application 24/25-0309
_________________________________________________________________________
I have refused
access to the information you requested under section 24A of the FOI Act on
the basis that documents containing such information cannot be located or do not exist.
Relevant law
Under the FOI Act, a person has a right to be given access to documents of an agency.
However, the right of access is subject to limitations, including grounds for refusal of access.
Section 24A of the FOI Act states 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.
Searches for documents
After reviewing the scope of your FOI application, I identified the need to make enquiries with
the NDIA’s Service Guidance (SG), Technical Advice and Practice Improvement (TAPIB) and
Scheme Eligibility branches for documents relevant to the scope of your request.
I was provided with the same TAPIB research documents that have been previously released
to you under FOI decision notice dated 24 July 2024 relating to FOI matters 23/24-1127, 1128
and 1134, but no additional new information was provided. I have not considered these
documents again as I am of the view they do not relate to your scope.
This is because you have requested access to the documents held or used by the NDIA to
determine whether or not a person with the condition Myalgic Encephalomyelitis (ME) is
permanently disabled.
I again direct you to the following links that list conditions that meet the NDIS Access
disability requirements, noting that Myalgic Encephalomyelitis/Chronic Fatigue Syndrome
(ME/CFS) is not included.
List A: Conditions that are likely to meet the disability requirements | NDIS
List B: Conditions that are likely to result in a permanent impairment | NDIS
As per the advice previously provided to you, permanency of disability and functional
impairment are established through submission of current medical and allied health reports
which details evidence of treatment undertaken for a condition and its subsequent outcomes
on the condition itself. A detailed explanation about this is available by following the link
provided below which is located on the NDIS website:
Applying to the NDIS I refer you to the paragraph titled “Is there any medical treatment for your impairment?”
which clearly states the steps involved when assessing permanency of disability.
Based on the search results from the relevant business areas, I am satisfied that the
documents you request access to do not exist.
I therefore refuse access to the information under section a 24A of the FOI Act on the basis
that the information cannot be found or does not exist.
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Attachment B
Your review rights
Review by the Office of the Australian Information Commissioner
The FOI Act gives you the right to apply to the Office of the Australian Information
Commissioner (OAIC) for a review of this decision.
If you wish to have the decision reviewed by the OAIC, you may apply for review within 60
days of receiving this letter.
You can apply to the OAIC for review in the following ways:
Onli
ne: 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 the
NDIA took in relation to your request. The Ombudsman will consult with the OAIC before
investigating a complaint about the handling of an FOI request.
You can make a complaint to the OAIC using the contact details identified above, or to the
Ombudsman by:
Phone: 1300 362 072 (local call charge)
Email:
xxxxxxxxx@xxxxxxxxx.xxx.xx Your complaint should set out the grounds on which you consider the OAIC or the
Ombudsman should investigate the NDIA’s handling of your FOI request.
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