Our reference: FOI 24/25-0754
GPO Box 700
Canberra ACT 2601
1800 800 110
4 February 2025
ndis.gov.au
Paul Carter
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Paul Carter
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 16 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:
“…- A list of all possible selections or entries in the "assessed impairment” field of a
participant or prospective participant’s file on PACE. And the corresponding
disability/impairment category, type or other code/s those possible entries is
assigned by the NDIA.
- Al current articles or guidance for staff on how to add, change, or request to
add/change a NDIS participant’s disability/impairment in their file…”
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 to
protect your internal review rights. However, your right to apply for an external review with
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the Of ice 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 identified 19 documents, which fall within the scope of your request.
These documents were 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 18 documents in full
• grant access to 1 document in part
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.
Reasons for decision
Certain operations of agencies (section 47E(d))
Section 47E(d) of the FOI Act conditionally exempts a document if its disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of the operations of an agency.
Document 19 contain information relating to certain operations of the NDIA, specifically:
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internal single points of contact, for use only by NDIA staff in their work.
Disclosing individual contact details may jeopardise the use of single points of contact. I am
satisfied that there is a reasonable likelihood of aggrieved members of the public seeking to
gain advantage over others by using internal points of contact in place of the appropriate
points of contact and that release of this information could reasonably be expected to have
an adverse effect on the proper and efficient conduct of the operations of the Agency,
namely the Agency’s ability to conduct its operations in a timely and efficient way.
Public interest considerations – section 47E(d)
Section 11A(5) of the FOI Act provides that access to a document covered by a conditional
exemption must be provided unless disclosure would be contrary to the public interest.
I have not considered any of the irrelevant factors as set out under section 11B(4) of the FOI
Act in making this decision.
In favour of disclosure, I have considered the factors outlined in section 11B(3) of the FOI
Act, and I have determined that disclosure of the relevant information in Document 19 would
promote the objects of the FOI Act by providing access to documents held by the
government.
Against disclosure, I consider that disclosure of the relevant information in Document 19:
• would not contribute to the publication of information of sufficient public interest to justify
the likely harm caused by release
• would not enhance Australia’s representative democracy in the ways described in
section 11B(3) of the FOI Act
• would not inform any debate on a matter of public importance, or promote oversight of
public expenditure.
While there is limited public interest in the disclosure of information conditionally exempt
under section 47E(d) of the FOI Act, the harm that would result from disclosure is that it
could reasonably be expected to prejudice the ability of the Agency to protect established
contact points and procedures of the Agency
In summary, I am satisfied that the factors against disclosure of the information outweigh the
factors in favour of disclosure and that, on balance, it would be contrary to the public interest
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to release this information to you. Accordingly, I have decided that the relevant information in
Document 19 is exempt under section 47E(d) of the FOI Act.
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are 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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