Our reference: FOI 24/25-0380
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
19 November 2024
Kayla
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Kayla
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 19 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 fol owing documents:
“…all Tab research documents and any other internal documents titled or including a
scope of research of one or more of the following:
- Developmental coordination disorder (DCD)
- Autism/Autism Spectrum Disorder/ASD and motor impairments
- Dyslexia or specific learning difficulty with reading
- Dysgraphia or specific learning difficulty with written expression
- Dyscalculia or specific learning difficulty with mathematics
- Motor dysgraphia
- Hypermobility
- Dyspraxia…”
Processing time
On 03 October 2024, you agreed to a 15-day extension of time under section 15AA of the
FOI Act, making 05 November 2024 the new date to provide you with a decision on access.
I apologise for the delay in releasing this decision to you. 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.
In the interests of not causing any further delays, I have decided not to 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 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 19 documents, which fall within the scope of your request.
These documents were identified by consulting with relevant NDIA staff who could be
expected to be able to identify documents within the scope of the request and reviewing
identical requests listed on our Disclosure Log.
I have decided to grant access to 19 documents in part.
In reaching my decision, I took the fol owing into account (delete as appropriate):
• 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.
Reasons for decision
Personal privacy (section 47F)
Section 47F of the FOI Act conditionally exempts a documents if its disclosure would involve
the unreasonable disclosure of personal information about any person (including a deceased
person).
I have identified material in the documents falling within scope of your request which
contains personal information of a third party / third parties.
The conditionally exempt material contains references to the middle names / details of
personal leave or employment conditions 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.
2
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.
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 21 is exempt under section 47F of the FOI Act.
Documents
Please be advised that all documents relevant to your request, have previously been
requested under the FOI Act. These documents are publicly available on the NDIA’s
disclosure lo
g (FOI Disclosure log | NDIS). We have provided these to you as an attachment
to our email dated 03 October 2024 and 23 October 2024. However, as no response was
received, we have reattached these documents for your convenience.
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
General Counsel Division
National Disability Insurance Agency
3
Attachment A
Schedule of Documents for FOI 24/25-0380
Document Number
Description
Access Decision
Comments
number
of Pages
1
11
Research Paper – Autistic burnout
PARTIAL ACCESS
Date: 12 March 2024
Exemption(s) claimed:
s47F – personal privacy
2
14
Research Paper – Effective management of
PARTIAL ACCESS
auditory differences in people with autism
Exemption(s) claimed:
Date: 16 February 2023
s47F – personal privacy
3
6
Research Paper – Applied Behaviour Analysis
PARTIAL ACCESS
for adults with ASD
Exemption(s) claimed:
Date: 14 February 2022
s47F – personal privacy
4
15
Research Request – Updated Literature Review:
PARTIAL ACCESS
Sensory products / weighted items for
participants with autism
Exemption(s) claimed:
s47F – personal privacy
Date: 14 May 2020
5
17
Research Request – Expected abilities /
PARTIAL ACCESS
Challenges for children <5
Exemption(s) claimed:
Date: Not Applicable
s47F – personal privacy
6
4
Research Paper – Cognitive Behaviour Therapy
PARTIAL ACCESS
for Emotional Regulation in Children with Autism
Exemption(s) claimed:
Date: 17 October 2022
s47F – personal privacy
Document Number
Description
Access Decision
Comments
number
of Pages
7
6
Research Paper – Eye movement
PARTIAL ACCESS
desensitisation and response therapy for people
with Autism Spectrum Disorder and Obsessive-
Exemption(s) claimed:
Compulsive Disorder
s47F – personal privacy
Date: 01 November 2022
8
15
Research Paper - ASD and DLD diagnoses after
PARTIAL ACCESS
6 years old
Exemption(s) claimed:
Date: 15 February 2022
s47F – personal privacy
9
20
Literature Review – Diagnoses of Autism
PARTIAL ACCESS
Spectrum Disorder using the DSM-5
Exemption(s) claimed:
Date: 10 December 2021
s47F – personal privacy
10
14
Research Paper – Sensory-Based therapy
PARTIAL ACCESS
Date: 29 September 2022
Exemption(s) claimed:
s47F – personal privacy
11
9
Research Paper – Animal Assisted Therapy and
PARTIAL ACCESS
Assistance Animals
Exemption(s) claimed:
Date: 14 April 2022
s47F – personal privacy
12
11
Research Request – Impact of funding on self-
PARTIAL ACCESS
reported functional capacity and perceived
difficulty Vs actual functional performance
Exemption(s) claimed:
s47F – personal privacy
Date: 27 August 2020
5
Document Number
Description
Access Decision
Comments
number
of Pages
13
11
ASD Stocktake of Resources
PARTIAL ACCESS
Date: Not Applicable
Exemption(s) claimed:
s47F – personal privacy
14
19
Research Request – Frequency modulation
PARTIAL ACCESS
(FM) systems for ASD literature review
Exemption(s) claimed:
Date: 14 December 2020
s47F – personal privacy
15
10
Position Paper – Foot Orthoses for people with
PARTIAL ACCESS
Autism Spectrum Disorder
Exemption(s) claimed:
Date: 25 November 2021
s47F – personal privacy
16
28
Research Paper – Middle childhood and
PARTIAL ACCESS
adolescent development
Exemption(s) claimed:
Date: 11 August 20222
s47F – personal privacy
17
6
Research Request – Childhood Speech Apraxia
PARTIAL ACCESS
Date: 09 October 2020
Exemption(s) claimed:
s47F – personal privacy
18
15
Research Request – Learning Supports for
PARTIAL ACCESS
children with a disability in public and catholic
school system
Exemption(s) claimed:
s47F – personal privacy
Date: 07 December 2020
6
Document Number
Description
Access Decision
Comments
number
of Pages
19
5
Research Request – Definition of Early
PARTIAL ACCESS
Intervention in health and rehabilitation
Exemption(s) claimed:
Date: 12 August 2019
s47F – personal privacy
7
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.
