Our reference: FOI 24/25-0740
GPO Box 700
Canberra ACT 2601
1800 800 110
20 January 2025
ndis.gov.au
TR
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear TR
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 13 November 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:
“…Can you please kindly provide the following key metrics and statistics for 'internal
review of a decision' requests that are commonly provided to management as
follows:
1. The number of 'internal review of a decision' requests made by or on behalf of
NDIS participants between July 2023 – Occtober [sic] 2024
2. The number of 'internal review of a decision' requests that resulted in a confirmed
between July 2023 - October 2024
3. The number of 'internal review of a decision' requests that resulted in a varied
decision between July 2023 - October 2024
4. The number of 'internal review of a decision' requests that resulted in a set aside
decision between July 2023 - October 2024
I ask that the data be provided in a monthly breakdown.
The report provided directly to management related to the 'internal review of a
decision' metrics would also be acceptable…”
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Processing period
On 15 November 2024, we contacted you to request a 30-day extension of time under
section 15AA of the FOI Act. I note that we have not received a response.
The original due date for us to provide you with a decision on access was 13 December
2024. I apologise that we did not meet this deadline. 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. Therefore, internal review of this 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.
Section 17(1)(c)(i) of the FOI Act provides that, in circumstances where an agency does not
hold a document containing the information sought in a discrete form, an agency can
produce a written document containing the requested information, if it can do so using 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)(i) of the FOI Act.
I have identified 1 document, which falls within the scope of your request.
This document was prepared by consulting with staff in the NDIA’s Analytics, Data and
Actuarial Division (ADA) who can conduct searches of NDIA’s systems, using all reasonable
search terms to retrieve data/information relevant to the scope of your request.
I have decided to grant access to this document in full.
We have interpreted the scope of your request as seeking access to reports provided to
management, only if a statistical data report could not be located or generated. Please note,
we have been able to generate a document that meets the scope of your request for
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statistics. Therefore, we have not extended the document search to include reports provided
to management.
Further, I note that for parts 1 to 4 of this request, the ADA Team can only provide data
generated on a quarterly basis, from July 2023 to September 2024. Data from September
2024 onwards is still being prepared as part of the 2024-25 Q2 Quarterly Report.
Parts 3 and 4 of your request seek access to the following:
“…3. The number of 'internal review of a decision' requests that resulted in a varied
decision between July 2023 - October 2024
4. The number of 'internal review of a decision' requests that resulted in a set aside
decision between July 2023 - October 2024…”
In relation to these queries, the ADA Team has advised that they do not have data
summaries split into varied and set aside categories. They can only provide a combined
summary of these outcomes from July 2023 to September 2024. Accordingly, we have
provided a combined summary of the outcomes for parts 3 and 4 of your request.
In reaching my decision, I took the following into account:
• your correspondence outlining the scope of your request
• the nature and content of the information 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.
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.
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Yours sincerely
Ramya (RMO 260) Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Schedule of Documents for FOI 24/25-0740
Document
Page
Description
Access Decision
Comments
number
number
Section 17 Document - Statistics for
'internal review of a decision' requests
FULL ACCESS
Document created under
1
1-2
section 17 of the FOI Act
Date: Not applicable
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Attachment B
Your review rights
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.
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