Our reference: FOI 24/25-0855
GPO Box 700
Canberra ACT 2601
1800 800 110
19 March 2024
ndis.gov.au
David Wright
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear David Wright
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 29 November 2024
(your correspondence), seeking
access under the
Freedom of Information Act 1982 (FOI Act) to documents held by the
National Disability Insurance Agency
(NDIA).
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:
“FOI 24/25-0514 (document 1) contains the research paper 'Applied behaviour
analysis and positive behaviour support'.
Page 1 of the document provides the following information about the preparation and
approval of the document (with surnames redacted):
Requestor: Kim
Endorsed by (EL1 or above): Naomi
Researcher: Aaron
Cleared by: Shane
I request all communications by or with Kim, Naomi, Aaron and Shane - amongst
themselves, or by any of these people with anyone else at the NDIA - concerning this
research paper.
I also request all draft copies of the paper which were prepared prior to its final
approval.
Surnames are not relevant to my request - they can be redacted from any documents
provided to me."
Extension of time
The FOI Act provides 30 calendar days for the processing of an FOI request after it is
received. As your valid FOI request was received on 29 November 2024, the original due
date for your request was 29 December 2024.
On 9 December 2024, you agreed via email to a 30-day extension of time under section
15AA of the FOI Act, making 28 January 2025 the new date to provide you with a decision
on access.
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As described in our email, the extension of time was requested because the agency is
currently experiencing a high volume of FOI requests. I apologise for the delay this has
caused in providing you with a decision.
Expiration of time
As we were not able to complete your application by the legislated due date of 29 January
2025, your application is regarded as a deemed refusal under section 15AC of the FOI Act.
Despite this, I have continued to process your application. I apologise for the delay and
confirm that you retain your right to seek external review of this decision. Details are set out
in
Attachment B to this letter.
Searches conducted
I engaged in consultations with the following business area to obtain documents within their
possession which may fall within the scope of your FOI request:
Technical Advice and Practice Improvement Branch
As a result of this search, 11 documents were located relevant to the scope of your request.
This search was undertaken between 14 February and 24 February 2025 and was overseen
by senior staff within the business area.
I was also notified that Kim no longer works for the agency, therefore I also engaged in
consultations with the following business area for searches of the agencies email server for
documents which may fall within the scope of your request:
Cyber Security Operations
A search was performed on the email server using the following parameters:
All emails to or from Kim
Keywords of ‘Applied behaviour Analysis and Positive Behaviour Support’
or ‘RES
246’
or ‘ABA and positive behaviour support’
Timeframe of 15/06/2022 to 31/08/2022
As a result of this search, 10 documents were located relevant to the scope of your request.
This search was undertaken between 24 February and 3 March 2025.
Decision
I am the authorised officer pursuant to section 23(1) of the FOI Act to make a decision on
this FOI request.
In total 21 documents relevant to the scope of your request have been located, I have
decided to:
Grant access in part to 21 documents in accordance with section 22 –
Access to
edited copies with exempt or irrelevant matter deleted on the grounds that the
deleted material is irrelevant to your request.
Remove irrelevant material in accordance with section 22 of the FOI Act
Section 22 – Access to edited copies with exempt or irrelevant material deleted
Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a
document where the agency has decided to refuse access to an exempt document or that to
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give access to a document would disclose information that would reasonably be regarded as
irrelevant to the request for access.
On 9 December 2024, you confirmed via email that you had no objections to surnames and
contact details of NDIS staff being considered irrelevant to the scope of your request.
I have identified irrelevant material in 21 documents and am satisfied that it is reasonably
practicable to remove this material and release the documents to you in material form.
The decision in relation to each document is detailed in the schedule of documents at
Attachment A.
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
Patrick (PHO293) Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Schedule of Documents for FOI 24/25-0855
Document
Page
Description
Access Decision
Comments
number
number
1 1
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: RE: RES 246 Scope of ABA
under section 22 of the FOI
Act
Date: 7 July 2022
2 2
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: RES 246 Scope of ABA
under section 22 of the FOI
Act
Date: 7 July 2022
3 3
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: RES 246 ABA and Positive behaviour support
under section 22 of the FOI
Act
Date: 21 July 2022
4 4
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: RE: RES 246 ABA and Positive behaviour support
under section 22 of the FOI
Act
Date: 22 July 2022
5 5
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: Cleared: RES 246 Applied Behaviour Analysis and
under section 22 of the FOI
Positive Behaviour Support
Act
Date: 25 July 2022
5.1 6-14
Attachment to Document 5
PARTIAL ACCESS
Irrelevant material removed
Research Paper - Applied behaviour analysis and positive
under section 22 of the FOI
behaviour support v1
Act
Date: 25 July 2022
6
6 15
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: FW: Cleared: RES 246 Applied Behaviour Analysis
under section 22 of the FOI
and Positive Behaviour Support
Act
Date: 29 July 2022
6.1 16-24
Attachment to Document 6
PARTIAL ACCESS
Irrelevant material removed
Research Paper - Applied behaviour analysis and positive
under section 22 of the FOI
behaviour support v1
Act
Date: 25 July 2022
7 25
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: FW: Cleared: RES 246 Applied Behaviour Analysis
under section 22 of the FOI
and Positive Behaviour Support
Act
Date: 25 August 2022
7.1 26-34
Attachment to Document 7
PARTIAL ACCESS
Irrelevant material removed
Research Paper - Applied behaviour analysis and positive
under section 22 of the FOI
behaviour support v1
Act
Date: 25 July 2022
8 35
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: FW: Cleared: RES 246 Applied Behaviour Analysis
under section 22 of the FOI
and Positive Behaviour Support
Act
Date: 25 August 2022
8.1 36-44
Attachment to Document 8
PARTIAL ACCESS
Irrelevant material removed
Research Paper - Applied behaviour analysis and positive
under section 22 of the FOI
behaviour support v1
Act
Date: 25 July 2022
9 45-46
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: RE: Research
under section 22 of the FOI
Act
Date: 31 May 2022
5
9.1 47-54
Attachment to Document 9
PARTIAL ACCESS
Irrelevant material removed
Research Request – Applied Behaviour Analysis
under section 22 of the FOI
Act
Date: 22 July 2019
10 55
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: RE: RES 246 Scope of ABA
under section 22 of the FOI
Act
Date: 7 July 2022
11 56
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: RE: RES 246 ABA and Positive behaviour support
under section 22 of the FOI
Act
Date: 22 July 2022
12 57
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: RES 246 ABA and positive behaviour support.docx
under section 22 of the FOI
Act
Date: 25 July 2022
12.1 58-66
Attachment to Document 12
PARTIAL ACCESS
Irrelevant material removed
Research Paper - Applied behaviour analysis and positive
under section 22 of the FOI
behaviour support draft v.01
Act
Date: 21 July 2022
13 67
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: For Clearance: RES 246 ABA and positive
under section 22 of the FOI
behaviour support
Act
Date: 21 July 2022
13.1 68-76
Attachment to Document 13
PARTIAL ACCESS
Irrelevant material removed
Research Paper - Applied behaviour analysis and positive
under section 22 of the FOI
behaviour support draft v.01
Act
Date: 21 July 2022
6
14 77-78
Email
PARTIAL ACCESS
Irrelevant material removed
Subject: RE: RES 246 ABA and positive behaviour
under section 22 of the FOI
support.docx
Act
Date: 25 July 2022
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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 the matter becoming deemed.
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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