Our reference: FOI 24/25-0582
GPO Box 700
Canberra ACT 2601
1800 800 110
6 December 2024
ndis.gov.au
Gabriel
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Gabriel
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 19 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).
Scope of your request
You have requested access to the following documents:
“…I am seeking to know the statistical difference in total funding amounts given to a
participant when they meet with a planner in person vs via phone/email/video call…”
Extension of time
On 19 November 2024, you agreed to a 30-day extension of time under section 15AA of the
FOI Act. Unfortunately, the agreement to the extension of time was received outside of the
30-day timeframe and we are unable to extend the timeframe for this request.
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 OAIC remains protected.
Please see
Attachment A for more information about your rights of review.
1
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 decided to refuse your request for access under section 24A of the FOI Act.
In reaching my decision, I took the following into account:
• your correspondence outlining the scope of your request
• the FOI Act
• the FOI Guidelines published under section 93A of the FOI Act
• consultation with relevant officers of the NDIA
• the NDIA’s operating environment and functions.
Reasons for decision - Refuse a request for access (section 24A)
Section 24A of the FOI Act provides 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.
I have conducted searches of the NDIA’s documents management systems and made
enquiries with NDIA staff. These enquiries have revealed that the NDIA is not in possession
of documents matching the scope of your request. This is because you are requesting the
statistical
difference in total funding amounts, which is a term associated with statistical
modelling and hypothesis testing. The NDIA has not conducted any statistical analysis or
modelling of funding plan amounts. As a result, there are no documents or information that
we can provide for the scope of your request.
I am satisfied that all reasonable steps have been taken to locate the documents you have
requested and that the documents do not exist. I have, therefore, decided to refuse access
to your request in accordance with section 24A(1)(b)(ii) of the FOI Act.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment A.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email
at xxx@xxxx.xxx.xx.
2
Yours sincerely
Cooper (CHH674) Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
3
Attachment A
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 will 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.
4