Our reference: FOI 24/25-0596
GPO Box 700
Canberra ACT 2601
1800 800 110
23 December 2024
ndis.gov.au
Emily Lacey
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Emily Lacey
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 21 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:
“A copy of all “TAB Digest” and “TAT Digest” documents held by the NDIA.
I agree for the surnames and contact details of any staff to be redacted, but please
otherwise provide the documents in their entirety.”
On 26 November 2024 you have revised the scope of your request to be for the following
documents:
“A list of all “TAB Digest” and “TAT Digest” documents held by the NDIA. Please
include the following details for each item:
- Document title.
- File name.
- Date created.
- Date published.
- Date archived.
- Whether it is "APPROVED/FINAL" or "DRAFT" or “ARCHIVED”.
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Processing Period
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. I sincerely apologise for the delay in releasing this
decision to you.
We have continued processing your request. In the interests of not causing any further
delays, I have decided not to apply for an extension to the processing period from the Of ice
of the Australian Information Commissioner (OAIC) under section 15AC of the FOI Act.
Therefore, an internal review of my decision is not an option. 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.
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 interpreted your request to be for access to information presented in a data report.
Section 17(1)(c) of the FOI Act provides that, in circumstances where it appears to an
agency that an applicant seeks access to information that is not available in a discrete form
in a writ en document held by the agency, but the agency could produce a written document
containing the information in a discrete form, by the use of equipment ordinarily available to
the agency, the agency is to deal with the request as if it were a request for access to a
document so produced.
In this instance the NDIA can produce a document under section 17(1)(c), of
a list of all “TAB
Digest” and “TAT Digest” documents held by the NDIA with the file name and date modified.
This document was produced in consultation with Technical Advice & Practice Improvement
branch (TAPIB), 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 the 1 document in part.
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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
• the NDIA’s operating environment and functions.
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have identified that this document contains material that is irrelevant to your request. The
irrelevant material relates to names and contact details of NDIA staff / information which is
not relevant to the subject matter of your request.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt and irrelevant material from the documents and have concluded that it is
reasonably practicable to do so. Accordingly, I have prepared an edited copy of the
documents with the exempt and irrelevant material removed.
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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