Our reference: FOI 24/25-0514
GPO Box 700
Canberra ACT 2601
1800 800 110
18 November 2024
ndis.gov.au
David Wright
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 11 October 2024
(your correspondence), 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 provide you with a decision on your request.
Scope of your request
You have requested access to the fol owing documents:
“I refer to FOI 23.24 1189 which provides a list of all Technical Advisory Branch (TAB)
research documents. Two items in the list are:
1) 'The scope of Applied Behaviour Analysis'
2) 'Reducing ABA over time'
I request copies of these documents.”
Extension of time
On 22 October 2024, you agreed via email to a 30-day extension of time under section 15AA
of the FOI Act, making 11 December 2024 the new date to provide you with a decision on
access.
Searches conducted
The NDIA’s Technical Advice & Practice Improvement Branch conducted searches and
located two (2) documents relevant to the scope of your request.
Decision
I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on
this FOI request.
I have decided to:
• Grant access in part to 2 documents in accordance with section 22 –
Access to
edited copies with exempt or irrelevant matter deleted; and
• Remove irrelevant material in accordance with section 22 of the FOI Act
1
Section 22 – Access to edited copies with exempt or irrelevant material deleted
Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a
document where the agency has decided to refuse access to an exempt document or that to
give access to a document would disclose information that would reasonably be regarded as
irrelevant to the request for access.
On 22 October 2024, you confirmed via email that you had no objections to surnames and
contact details of NDIA staff being considered irrelevant to the scope of your request.
I have identified irrelevant material in two (2) documents and am satisfied that it is
reasonably practicable to remove this information and release the documents to you in
material form.
The decision in relation to each document is detailed in the schedule of documents at
Attachment A.
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
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
2
Attachment A
Schedule of Documents for FOI 24/25-0514
Document
Page
Description
Access Decision
Comments
number
number
1
1-9
Research paper: Applied behaviour
PARTIAL ACCESS
Irrelevant material removed under
analysis and positive behaviour support
section 22 of the FOI Act
Exemption claimed:
Date: 21/07/2022
S22 – Irrelevant Material
2
10-16
Literature Review: Reducing Applied
PARTIAL ACCESS
Irrelevant material removed under
Behaviour Analysis over time
section 22 of the FOI Act
Exemption claimed:
Date: 03/01/2024
S22 – Irrelevant Material
3
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
wil 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 & 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 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.
