Our reference: FOI 24/25-0935
GPO Box 700
Canberra ACT 2601
1800 800 110
26 February 2025
ndis.gov.au
Christy Liaostanislaus
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Christy Liaostanislaus
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 11 December 2024, seeking access under the
Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability
Insurance Agency (NDIA).
I apologise for the delay in processing your request.
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:
“I am writing to request information under the Freedom of Information Act regarding the
current number of outstanding FOI and PIA requests pending with your team, as well as
the number of those that are past their legislated 30-day release deadline.”
Timeframe
A 30-day statutory period for processing your request commenced from 11 December 2024
in accordance with section 15(5)(b) of the FOI Act. Unfortunately, the due date for a
decision on access was 10 January 2025.
I note this time has lapsed and as a result we are
deemed to have refused your request under section 15AC of the FOI Act.
Despite this, I have continued to process your application and confirm that you retain your
right to seek external review of this decision.
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.
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I have decided to refuse your request for access under section 24A of the FOI Act.
I have determined that you are seeking the creation of document, based on information
expected to be stored by the agency (s 17(1)(b).
Section 17 Requests involving use of computers
Section 17(1)(c) of the FOI Act provides that an agency can produce a written document
containing the requested information, using a computer that is ordinarily available for
retrieving or collating stored information.
In this instance, the NDIA is unable to produce a document under section 17(1)(c). The
reasons for this are set out in this letter. I have therefore decided to refuse your request on
the basis that it is not a request for a “document of the agency” as defined in section 4 of the
FOI Act. This section states that a document of an agency is a document in the possession
of an agency. In the present case, the NDIA does not possess the information you seek, and
it is not possible to produce a document under section 17(1)(c).
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.
Reasons for decision - Refuse a request for access (section 24A)
Section 24A of the FOI Act provides that an agency may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the agency is
satisfied that the document cannot be found or does not exist.
I have made enquiries with NDIA staff. These enquiries have revealed that the NDIA is not in
possession of a discrete document matching the scope of your request.
While the NDIA actively uses case management systems for both PIAs and FOI matters, it is
subject to data volatility and real-time adjustments as it undergoes daily updates and
periodic reconciliation processes that can substantially alter figures.
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To undertake a process to produce a document in accordance with section 17 would require
the allocation of a dedicated staff member/s away from their routine daily functions to
undertake the following processes:
development of a data query to extract information to align with the parameters of
your request
manual verification of data points and cross-referencing multiple system timestamps
quality assurance of the produced report
In accordance with section 17(2) an agency is not required to comply with 17(1) if
compliance would substantially and unreasonably divert the resources of the agency from its
other operations.
I am satisfied that all reasonable steps have been taken to locate the documents you have
requested and that the documents do not exist. I have, therefore, decided to refuse access
to your request in accordance with section 24A(1)(b)(ii) of the FOI Act.
I am satisfied that your request is not a request for documents of the NDIA. I have, therefore,
decided to refuse access to your request on the basis that there is no right to seek access to
documents other than documents of an agency.
NDIA legislated reporting to OAIC
The NDIA is committed to open and transparent access to data about FOI application.
Section 93 of the FOI Act requires agencies and ministers to provide information and
statistics to the Information Commissioner to enable the Commissioner to prepare the report
required under section 30 of the Australian Information Commissioner (AIC) Act. Each
agency and minister must provide the following information:
the number of FOI requests made under section 15 of the FOI Act
the number of decisions granting, partially granting or refusing access
the number and outcome of requests to amend personal records under s 48 of the
FOI Act
charges collected for processing FOI requests (AIC Act s 31(1)(d)) the number, and
outcome of applications for internal review under section 54 of the FOI Act.
I have provided a copy of the NDIA quarterly report to OAIC for 2024-25 quarter 2 at
Attachment A, note this is only specific to FOI data.
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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/Assistant Director
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 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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