Our reference: FOI 24/25-0539
GPO Box 700
Canberra ACT 2601
1800 800 110
20 January 2025
ndis.gov.au
Shirley Humphris
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Shirley Humphris
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 14 October 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:
“…Please provide these documents - “The Coalition’s Freedom of Information (FOI)
requests unveiled records that $6,982,898 was paid to nine providers in the 2023
calendar year to subsidise holidays such as cruises and African safaris…”
Processing period
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.
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Decision on access to documents
On 5 December 2024 you were advised via email that we had recently released a document
that aligns with the scope of your request. Noting that we provided you with a document
containing the information you requested, we sought your consent to withdraw your FOI
request. To date, we have not received a response to this request, as such we are required
under the FOI Act to proceed with providing you a decision on your FOI request.
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.
Section 17(1)(c) of the FOI Act provides that an agency can produce a writ en document
containing the requested information, by the use of a computer or other equipment that is
ordinarily available for retrieving or collating stored information. We have been able to
produce a document containing the information you requested. I have, therefore, treated
your request as if it were a request for access to this document in accordance with section
17(1)(c) of the FOI Act.
I have identified 1 document, which falls within the scope of your request.
This document was identified by conducting searches of NDIA’s systems, using all
reasonable search terms that could return documents relevant to your request, and
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 1 document 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.
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Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
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)
A/g Assistant Director
Freedom of Information
Complaints Management & FOI Branch
General Counsel 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 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
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 call 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.
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