Our reference: FOI 24/25-0883
GPO Box 700
Canberra ACT 2601
1800 800 110
13 March 2025
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 3 December 2024, requesting 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 notify you of my decision on your application.
Scope of your request
You have requested access to the following documents:
“…*** Please make sure that every document contains the version control information
(including version number, amended by, change description, status, and date) and NOT
just the date/time the document was exported ***
1. Article “Make an access decision – post legislation changes”.
2. Article “Check decision – legislative timeframes”.
3. Article “Complete pre-assessment of access decision”.
4. Article “Understand early intervention requirements”.
5. Article “Understand disability requirements”.
6. “Access Assessor Outcome Form”.
7. Article “Letter – Access not met decision”.
8. Article “Contact to advise outcome of access decision”.
9. Article “Contact to request further information for access decision”.
10. Article “Send a manual letter”.
1
11. “Template – Access not met decision – post legislation changes”.
12. “Templates for requesting further information to make a decision – Post-legislation
changes”.
13. Article “Update a person account”.
14. Article “Create an enquiry case”
15. “Impairment Categories Guide”
Note: Please provide the most recent version of each document, regardless of whether it
is a draft or approved version…”
Extension of time
On 16 December 2024, we requested your agreement to a 30-day extension of time under
section 15AA of the FOI Act. However, you declined our request and instead agreed to a 14-
day extension under 15AA of the FOI Act.
Expiration of time
The extended due date for a decision on access for your request was 16 January 2025. As
we did not provide you with a decision by the due date, we are deemed to have refused
access to the documents you requested in accordance with section 15AC of the FOI Act.
The effect of this is that an internal review of this decision is not an option. However, I
confirm that you retain your right to seek external review by the Office of the Australian
Information Commissioner (OAIC).
I sincerely apologise for the delay in processing your request.
Search efforts
Relevant staff from NDIA’s Service Guidance and Scheme Eligibility branches conducted
searches and identified 15 documents within the scope of your request.
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 grant access to 14 documents in full, and 1 document in part.
I note that your request asks for the NDIA to make sure every document provided to you
contains the version control information. Scheme Eligibility team has advised that Document
6, i.e., ‘Access Assessor Outcome Form’, does not have version control applied as it is not a
2
‘published resource’. It is an online form created as a data collection tool for the Scheme
Eligibility branch. Therefore, this form is not a resource that provides delegates with
guidance; rather it is an administrative tool to capture outcomes for data collection purposes.
Scheme Eligibility team has further advised that while legislation-related updates were made
to knowledge articles prior to 3 October 2024, these updated were solely to prepare for
incoming legislation changes. Please note that staff were not implementing any of these
changes before 3 October 2024.
Scheme Eligibility team also notes the following regarding class approvals listed under
version control in the documents provided:
• Class 1: Director-level approval, used for minor changes such as spelling corrections,
updating hyperlinks or other minor adjustments.
• Class 2: Branch manager approval, required for major updates or the approval of
new processes/advice.
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 and
• factors relevant to my assessment of whether or not disclosure would be in the public
interest.
Access to edited copies with exempt or irrelevant material deleted (section 22)
I have decided that Document 3 contains material that is exempt from disclosure under the
FOI Act.
In accordance with section 22 of the FOI Act, I have considered whether it is possible to
delete the exempt material from the document and have concluded that it is reasonably
practicable to do so. Accordingly, I have prepared an edited copy of the document with the
exempt material removed.
3
Reasons for decision
Personal privacy (section 47F)
Section 47F of the FOI Act states that a document is conditionally exempt if its disclosure
under the Act would involve the unreasonable disclosure of personal information about any
person.
Paragraph 6.123 of the FOI guidelines states that “personal information" means information
or an opinion about an identified individual, or an individual who is reasonably identifiable:
a. whether the information or opinion is true or not and
b. whether the information or opinion is recorded in a material form or not.
I have identified that document 3 contains personal information, namely the names of NDIS
staff that have not previously been disclosed to you. I consider the names to be the personal
information of the staff members.
In determining whether the disclosure of that information would be unreasonable, the FOI
Act requires that I take account of all the relevant factors, including:
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources; and
d. any other matters that the agency considers relevant.
Against these criteria, I take the view that:
a. it is apparent from the information that an individual is identifiable; and
b. the information referred to above is not well known or readily available from publicly
accessible sources.
I therefore conclude that it would be unreasonable to disclose publicly this personal
information and it is therefore conditionally exempt under section 47F(1) of the FOI Act.
Public interest considerations – section 47F
Under the FOI Act, I can only refuse to disclose information which is conditionally exempt if I
conclude that it would be contrary to the public interest to do so. Section 11B of the Act sets
out what I need to consider and what I must not consider when reaching my conclusion.
4
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 3 would
promote the object of the FOI Act by providing access to document held by the government.
I consider that the disclosure of individual’s names is unlikely to increase scrutiny, discussion
or comments of Government processes or activities. Further, I do not consider that
disclosure of the personal information in the document would promote the other objects of
the FOI Act, such as informing debate on a matter of public importance or promoting
oversight of public expenditure. Although disclosure of the information would provide you
with access to government-held information, it would also impinge on the personal privacy of
the staff members. Given the limited public interest in disclosing the information, I believe it
ought to be given the most weight.
While there is limited public interest in the disclosure of information conditionally exempt
under section 47F, of the FOI Act, the harm that would result from disclosure is that it could
reasonably be expected to affect an individual’s right to privacy by placing their personal
information in the public domain.
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
to release this information to you. Accordingly, I have decided that the relevant information in
Document 3 is exempt under section 47F 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
5
Ramya (RMO 260) Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
6
Attachment A
Schedule of Documents for FOI 24/25-0883
Document
Page
Description
Access Decision
Comments
number
number
Knowledge Article - Make an access decision – Post
FULL ACCESS
1
1-19
legislation changes v9.0
Date: 20 November 2024
Knowledge Article - Check decision – legislative timeframes
FULL ACCESS
2
20-24
v2.0
Date: 21 November 2023
Knowledge Article - Complete pre-assessment for an
PARTIAL ACCESS
3
25-36
access decision v6.0
Exemption claimed:
s47F – personal privacy
Date: 28 October 2024
Knowledge Article - Understand early intervention
FULL ACCESS
4
37-40
requirements v2.0
Date: 29 August 2024
Knowledge Article - Understand disability requirements v2.0
FULL ACCESS
5
41-44
Date: 29 August 2024
Access Accessor Outcome Form
FULL ACCESS
Document without version
6
45-46
control – see ‘Decision on
access to documents’
Date: Undated
section for explanation.
7
Document
Page
Description
Access Decision
Comments
number
number
Letter template – Access not met decision v10.0
FULL ACCESS
7
47-55
Date: 25 October 2024
Knowledge Article - Contact to advise outcome of access
FULL ACCESS
8
56-62
decision v4.0
Date: 25 September 2024
Knowledge Article - Contact to request further information
FULL ACCESS
9
63-67
for access decision v1.0
Date: 07 August 2024
Knowledge Article - Send a manual letter v14.0
FULL ACCESS
10
68-74
Date: 26 September 2024
Template - Access not met decision – Post legislation
FULL ACCESS
11
75-79
changes v2.0
Date: 29 October 2024
Letter template – Request for information – General v1.0
FULL ACCESS
12
80-83
Date: 18 October 2023
Knowledge Article - Update a person account v8.0
FULL ACCESS
13
84-93
Date: 16 July 2024
Knowledge Article - Create an enquiry case v9.0
FULL ACCESS
14
94-101
Date: 28 October 2024
8
Document
Page
Description
Access Decision
Comments
number
number
Knowledge Article - Impairment categories guide v1.0
FULL ACCESS
15
102-117
Date: 10 October 2024
.
9
Attachment B
Your review rights
Internal Review
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 emai
l xxx@xxxx.xxx.xx or by post:
Freedom of Information Section
Complaints Management and 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.
10
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.
11
