Date: Sun, 05 Jan 2025 10:33:56 +0000
Subject: Freedom of Information request - Application for IC Review of NDIA decision in FOI 24/25-0317.
From: Emily Lacey <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: OAIC - FOI <xxx@xxxx.xxx.xx>

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Dear Office of the Australian Information Commissioner,

I am requesting an external review by the Information Commissioner of my FOI request to the National Disability Insurance Agency (NDIA), reference FOI 24/25-0317.

The full correspondence can be found at this address: https://www.righttoknow.org.au/request/a_copy_of_all_advice_support_too

The decision notice can be found at this address: https://www.righttoknow.org.au/request/12020/response/38011/attach/6/FOI%2024.25%200317%20Notice%20of%20Decision.pdf?

[ EVENTS ]

- On 6 September 2024 I made an FOI request to the NDIA asking for “a copy of all ‘Advice Support Tool’ documents held by the NDIA”, via the Right To Know website.

- The NDIA were granted a 15 day extension until October 21 2024.

- On 8 November 2024 the NDIA provided a decision notice stating that 67 documents had been identified within the scope, and access to all 67 documents was refused in full under FOI Act s47E(d).

- The decision notice also stated I would not be able to request an internal review by the Agency of the decision, but I could request an external review by the OAIC.

[ REASONS FOR IC REVIEW ]

1. The Agency has failed to acknowledge that 2 of the 67 documents have already been released in full on 22/08/2024 as part of FOI 23/24-1328 (Document 7 and 8).

This request was included on the Agency’s Disclosure Log (as seen here: https://web.archive.org/web/20240910011629/https://ndis.gov.au/about-us/policies/freedom-information/foi-disclosure-log), but has since been removed.

FOI 23/24-1328 was requested from the disclosure log on 27 August 2024 by a user on Right To Know and the documents are available publicly at this address: https://www.righttoknow.org.au/request/foi_disclosure_log_foi_2324_1328#incoming-36955

2. Because 2 of the 67 documents have already been made available previously under FOI 23/24-1328, there should be no reason to withhold the re-release of those documents for FOI 24/25-0317 as they cleary fall within the scope of the request and are already available publicly.

3. One would also suspect, that if these documents carried a real risk of “substantial adverse effect” on the proper and efficient conduct of the operations of the NDIA, that the agency would be able to provide more specific evidence of how the release of the ‘Advice Support Tool’ documents regarding ‘Exercise Physiology’ and ‘Continence’ have caused harm since their release in August under FOI 23/24-1328, to justify their subsequent decision in FOI 24/25-0317 to deny any further release of this type of document.

4. I also find it very difficult to believe, having read the 2 ‘Advice Support Tool’ documents released under FOI 23/24-1328, that the *entirety* of all 67 documents should be exempt under s47E(d).

As such, I am requesting that the Information Commissioner review the decision made by the NDIA in FOI 24/25-0317 and determine whether the 67 ‘Advice Support Tool’ documents can actually be released in full or in part.

I can be contacted at this email address for discussion of these matters. I realise the OAIC prefer to receive IC review requests via the form on the OAIC website. Unfortunately I am not able to use the form in this instance, so I respectfully ask that you please accept this email request for an IC review.

Thank you, and I look forward to your response.

Kind regards,
Emily Lacey

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