Our reference: FOI 24/25-0320
GPO Box 700
Canberra ACT 2601
1800 800 110
7 November 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 6 September 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:
“…I have read the TAB reference document for ME/CFS found at.
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttokn
ow.org.au%2Frequest%2Ftechnical_advisory_branch_tab_re%23incoming-
34622&data=05%7C02%7Cfoi%40ndis.gov.au%7Cbc8dc6ef633440ba9d4408dcce0
58479%7Ccd778b65752d454a87cfb9990fe58993%7C0%7C0%7C63861177031542
0127%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiL
CJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=sG%2Fh4CXl2%2
BfqU4%2BI1e9U%2FYIWprllEGBlsw5azHCrWio%3D&reserved=0
I request the information held by the TAB and/or other NDIA departments that lists
the drugs that a person with ME/CFS is expected to take in order to be considered
"fully treated" by the NDIA.
The TAB document refers to a number of drugs that are mentioned in international
guidelines e.g. the 2021 UK-NICE Guidelines, USA Centre for Disease Control and
The Mayo Clinic websites…”
Extension of time
On 8 October 2024, you agreed to a 30-day extension of time under section 15AA of the FOI
Act, making 28 October 2024 the new date to provide you with a decision on access. I
apologise for our failure to meet this deadline. As a result, we are deemed to have refused
your request. However, I have continued to process it and you retain your right to review of
my decision by the Australian Information Commissioner.
1
Search efforts
I have made enquiries with NDIA staff in the Technical Advisory and Practice Improvement
Branch (TAPIB), which sits within the Service Delivery Division. They have conducted
searches and advised us that no documents relating to your scope were identified.
Decision on access to documents
I am authorised to make decisions under section 23(1) of the FOI Act. Pursuant to section
24A of the FOI Act, I have decided to refuse access to the information you have requested
on the basis that documents do not exist or cannot be located.
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 and
• the NDIA’s operating environment and functions.
The reasons for my decision are set out in
Attachment A of this decision letter.
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
2
Attachment A
Statement of Reasons
FOI Application 24/25-0320
_________________________________________________________________________
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 Technical Advice and Practice Improvement Branch (TAPIB) for documents
relevant to the scope of your request.
I note that, in your request, you referred to the TAB document ‘Research paper – Myalgic
encephalomyelitis / Chronic fatigue syndrome’. Further, I note that this document, along with
other relevant TAPIB research documents, were previously released to you under FOI
decision notice dated 24 July 2024 relating to your FOI requests 23/24-1127, 1128 and
1134. I would direct you to part of this document that provides information about
management and recovery, and symptom management strategies in relation to Myalgic
encephalomyelitis / chronic fatigue syndrome.
I can confirm that the Agency does not hold any additional information specifically relating to
lists of drugs used in the treatment of ME/CFS.
Based on TAPIB’s advice, I am satisfied that all reasonable steps have been taken to locate
the documents you have requested and that the documents cannot be found or 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.
3
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) 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.
4
