OFFICIAL: SENSITIVE
Our reference: FOI 24/25-0515
12 December 2024
Emily Lacey
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Emily Lacey
Freedom of Information request — Request consultation process
Thank you for your correspondence of 12 October 2024, in which you requested access
under the
Freedom of Information Act 1982 (FOI Act) to documents held by the National
Disability Insurance Agency (NDIA).
Scope of your request
You have requested access to the following documents:
“1. A copy of all internal NDIA "intranet" pages regarding the Technical Advisory Branch
(TAB).
2. Al documents providing NDIA staff guidance on how to request advice from the TAB.
3. Al documents regarding “mandatory referral” to the TAB.
4. Al “TAB checklist” documents.
5. Al TAB referral/request submission templates and forms.
6. Al TAB advice/report templates and forms.”
Practical refusal
I am authorised to make decisions under section 23(1) of the FOI Act.
I am writing to advise that the work involved in processing your request in its current form
would substantially and unreasonably divert the resources of the NDIA from its other
operations due to its size and broad scope. This is called a ‘practical refusal reason’ under
section 24AA of the FOI Act.
On this basis, I intend to refuse your request. However, before I make a final decision, I am
writing to provide you with an opportunity to revise your request. This is called a ‘request
consultation process’ as set out under section 24AB of the FOI Act. You have 14 days to
respond to this notice in one of the ways set out below.
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Why I intend to refuse your request
I have initiated a preliminary consultation with the Technical Advisory Branch (TAB) who are
the custodians of the documents you seek access to. They have advised that the potential
for broadness and quantity of documents within scope of your request is mostly related to
the first three points:
“1. A copy of all internal NDIA "intranet" pages regarding the Technical Advisory Branch
(TAB).
2. Al documents providing NDIA staff guidance on how to request advice from the TAB.
3. Al documents regarding “mandatory referral” to the TAB.
Point 1 of your request
A search and preliminary consultation have identified the appropriate intranet site for the
Technical Advice and Practice Improvement branch. This search has revealed an estimate
of 11 main intranet pages, with an additional 150 sub-pages each having multiple links to
associated intranet content and guidance material.
Point 2, 3, 4 and 5 of your request
The request for “all documents” can include internal practice instructions, guidance material,
email and training material. Therefore, it is reasonable to assume that there would be a
significant number of documents of varying types and formats that relate to or refer to NDIA
staff guidance on how to request for advice, and mandatory referrals.
Based on the advice provided, I consider that there is more than 1500 pages worth of
material that falls within the scope of your request as currently worded (not including
attachments). At a conservative estimate of 1 minute per page, this would take an FOI officer
more than 25 hours to simply review and collate the documents.
I note that the documents that are assessed as being within scope of the request wil then
need to be reviewed for any sensitivities and possible exemption under the FOI Act. I would
also need to consider any further consultations and carry these out if required. A decision
will then need to be made on each document, and a decision letter prepared. These steps
wil significantly increase the hours that it wil take an FOI officer to process your request.
As a result, I am of the view that the work involved in the processing of this request would
substantially and unreasonably divert the resources of the NDIA from its other operations.
Request consultation process
In circumstances where an Agency is considering a practical refusal, it is required to
undertake a request consultation process under section 24AB of the FOI Act. The purpose of
this letter is to initiate that process.
You now have an opportunity to revise your request to enable it to proceed.
Revising your request can mean narrowing the scope of the request to make it more
manageable or explaining in more detail the documents you wish to access. For example, by
providing more specific information about exactly what documents you are interested in, the
NDIA wil be able to pinpoint the documents more quickly and avoid using excessive
resources to process documents you are not interested in.
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To reduce the scope of your request, you might like to consider the proposed rescope below:
“1. A copy of the 11 main internal NDIA "intranet" pages regarding the Technical
Advisory Branch (TAB).
2. Knowledge Article titled Create a Technical Advice Case and Intranet content on
Requesting Advice page
3. Mandatory Advice Requests content on Intranet Page, including any linked intranet
pages
4. TAB Checklists on Intranet page
5. TAB referral/request submission templates and forms.
6. TAB advice/report templates and forms.”
You have 14 days from the date you receive this letter to contact me and do one of the
following:
a. withdraw your request
b. make a revised request
c. indicate that you do not wish to revise the request.
If you do not do one of the three things listed above during the consultation period, your
request wil be processed on the basis of the current scope, and it is likely to be refused on
the basis that processing it would represent a substantial and unreasonable diversion of the
Agency’s resources.
During this period, you are welcome to seek assistance to revise your request. If you revise
your request in a way that adequately addresses the practical refusal reason outlined above,
we wil recommence processing it.
Please note that the time taken to consult with you regarding the scope of your request is not
taken into account for the purposes of the timeframe for processing your request.
You can contact me by email at xxx@xxxx.xxx.xx.
Alternatively, you can reply in writing to the following address:
Freedom of Information Section
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
If you do not contact me within this period, that is by 18 December 2024, your FOI request
wil be taken to have been withdrawn under subsection 24AB(7) and wil not be dealt with
any further.
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Please do not hesitate to contact me if you have any questions.
Yours sincerely
Kate (KIM 627)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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