Our reference: FOI 24/25-0416
GPO Box 700
Canberra ACT 2601
1800 800 110
14 November 2024
ndis.gov.au
Shirley Humphris
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Shirley Humphris
Freedom of Information request - Notification of Decision
Thank you for your correspondence of 28 September 2024, seeking 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 notify you of my decision on your application.
Scope of your request
You requested access to the following documents:
“...further information or documents researched or used by TAB to advise on ratios of
supports for participants more recent than the 2021 Research document FOI 24/25-
0013 "Ratios of Support" Please supply any documents in regard to both in the home
and the community..."
The purpose of this letter is to notify you of my decision on your application.
Extension of time
On 4 October 2024, you agreed to a 30-day extension of time under section 15AA of the FOI
Act, making 27 November 2024 the new date to provide you with a decision on access.
Search efforts
Staff in the NDIA’s Technical Advice and Practice Improvement Branch (TAPIB) conducted
searches for documents and advised they did not locate any documents relevant to the
scope of your request. I have set out the reasons for this outcome in
Attachment A to this
letter.
Decision on access to documents
In summary, I have decided to refuse
access to the information you have requested on the
basis that the documents are non-existent or unlocatable pursuant to section 24A of the FOI
Act.
I made this decision as an authorised FOI decision maker under section 23(1) of the FOI
Act.
I have provided a detailed statement of the reasons for my decision in Attachment A to this
decision notice.
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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
Cooper (CHH674)
Senior Freedom of Information Officer
Government, Risk & Legal – Complaints Management and FOI
General Counsel Division
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Attachment A
Statement of Reasons
FOI Application 24.25-0416
___________________________________________________________________
Refused information
I have refused
access to the information you requested under section 24A of the FOI Act on
the basis that documents containing such information are unlocatable 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.
The line area has advised that there are not have any relevant research documents more
recent than the 2021 paper mentioned in your request.
Conclusion
Based on the information I received from TAPIB, I consider there are reasonable grounds to
be satisfied that documents containing the information you seek do not exist. I therefore
refuse access to the information under section a 24A of the FOI Act on the basis that the
information is does not exist.
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Attachment B
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review
will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in
writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review
process, you should clearly outline your grounds for review (that is, the reasons why you
disagree with the decision). Applications for internal review can be lodged by email to
xxx@xxxx.xxx.xx or sent by post to:
Freedom of Information Section
Complaints Management and 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 also 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 review within 60
days of receiving this letter.
You can apply to the OAIC for review 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 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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