Our reference: FOI 24/25-0367
GPO Box 700
Canberra ACT 2601
1800 800 110
18 November 2024
ndis.gov.au
Emily Lacey
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Emily Lacey
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 17 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:
“…A copy of all “Disability Snapshot” documents held by the NDIA...”
Processing Period
The due date for a decision on your FOI request was 17 October 2024. I apologise for the
delay in releasing this decision to you. We have been experiencing processing delays which
impacted on our ability to meet the decision due date. Consequently, we are deemed to
have refused your application under section 15AC of the FOI Act.
In the interests of not causing any further delays, I did not apply for an extension to the
processing period from the Office of the Australian Information Commissioner (OAIC) under
section 15AC of the FOI Act to protect your internal review rights. However, your right to
apply for an external review with the OAIC 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 24 documents, which fall within the scope of your request.
The documents were identified by conducting searches of NDIA’s systems, using all
reasonable search terms that could return documents relevant to your request, and
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consulting with relevant NDIA staff who could be expected to be able to identify documents
within the scope of the request.
I have decided to grant access to the 24 documents in full
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
• consultation with relevant NDIA staff
• factors relevant to my assessment of whether or not disclosure would be in the public
interest
• the NDIA’s operating environment and functions.
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
Kate (KIM627)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
Government Division
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Attachment B
Your review rights
As this matter was a deemed refusal, internal review of this decision is not an option.
However, if you have concern with any aspect of this decision, please contact the NDIA FOI
team by email xxx@xxxx.xxx.xx or by post:
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 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 cal 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 wil 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 cal 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.
