Our reference: FOI 24/25-1089
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
21 March 2025
Elias
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Elias
Freedom of Information request
Thank you for your correspondence of 12 January 2025, in which you requested 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
In your original application, you requested access to the following documents held by the
NDIA:
“…All current internal knowledge articles, standard operating procedures, checklists, and
templates pertaining to:
1. ‘Escalation and Prioritisation Matrix’
2. ‘Risk assessment task’
Please include all identified documents in full, I consider all parts of a document to be
relevant. This also includes the 'version control' information for every document...”
Processing Timeframes
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 12 January 2025, the original due date
for your request was 11 February 2025.
On 20 January 2025, the FOI team wrote to you requesting your agreement to a 30-day
extension of time under section 15AA of the FOI Act. As we did not receive any response
from you, the original due date still stands.
As we were not able to complete your application by the legislated due date, we are deemed
to have refused your request 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 sent out in
Attachment B to
this letter.
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Request Consultation Process On 25 February 2025, I wrote to you explaining that searches required to locate documents
relevant to the scope of your request would be too excessive, and we required you to narrow
the scope to remove the practical refusal reason. I asked that you respond to this email by
close of business 27 February 2025 or I would proceed to a s 24AB request consultation
under the FOI Act.
As I did not receive a response to this request, on 28 February 2025 I proceeded to provide
you with written notice under the section 24AB of the FOI Act. I explained that a practical
refusal reason existed as per s 24AA(1)(a)(i) of the FOI Act and I intended to refuse your
request pursuant to s 24 unless you agreed to narrow the scope of your request.
I also explained that you had 14 days to respond to this notice, and that if I did not receive a
response, I would proceed to provide you with a decision as per the above. To date, I have
not received a response from you.
Decision on access to documents
I made this decision as a delegated decision maker under section 23(1) of the FOI Act.
I have decided to refuse your request pursuant to section 24(1)(b) of the FOI Act on the
grounds that a practical refusal reason exists as per 24AA(1)(a)(i). A detailed statement of
reasons for my decision can be found at
Attachment A.
Rights of review You still retain your right to seek a review of my decision, or lodge a complaint, details of
how are set out in
Attachment B of this letter.
Should you have any enquiries concerning this matter, please do not hesitate to contact me
by email a
t xxx@xxxx.xxx.xx. Yours sincerely
Patrick (PHO293) Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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link to page 3 link to page 3
Attachment A
Statement of Reasons
FOI 24/25-1089
_________________________________________________________________________
Practical refusal reason
Relevant law – s24AA
A practical refusal reason exists in relation to a request for documents if the work involved in
processing the request would substantially and unreasonably divert the resources of the
agency from its other operatio
ns1. In determining whether processing the request would substantially and unreasonably divert
the agency’s resources, I am required to consider the resources that would have to be used
for the following components:
• identifying, locating or collating the documents within the Agency
• deciding whether to grant, refuse or defer access to a document, including resources
used for examining the document and consulting with any person or body in relation
to the request
• making a copy or an edited copy of the document
• notifying the decision on the request
Scope Consideration
After reviewing your request, I have concluded that searches required to compile all
documents relevant to the scope of your request would require me to go to every business
area within the agency. This is because you have asked for a general document category
without specifying a topic for the documents you are seeking.
The agency in its current form has over 120 Branches/Divisions with each of these having
multiple teams that potentially have escalation and prioritisation matrixes or risk assessment
documents. On a reasonable estimate, the time that it would take to consult with all of these
areas, have them conduct searches, and respond back with documents relevant to the
scope of your request would take an FOI Officer over 20 hours, and would take business
areas a combined total of over 120 hours.
I note that any documents located from these searches would then need to be reviewed for
any sensitivities and possible exemption under the FOI Act and scheduled, we will need to
consider any consultations and carry these out if required, a decision will need to be made
on each document, and a decision letter prepared. This will significantly increase the hours
that it will take an FOI officer to process your request.
As a result, I am satisfied that the work involved in processing your request in its current
form would substantially and unreasonably divert the resources of the Agency from its other
operations
.2 Decision
In coming to my decision, I took the following into consideration:
• Your correspondence of 12 January 2025 outlining the scope of your request
1 24AA(1)(a) of the FOI Act.
2 Section 24AA of the FOI Act.
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• The provisions of the FOI Act, including ss 24, 24AA and 24AB
• The FOI Guidelines published under s 93A of the FOI Act, particularly parts 3.111 to
3.121 that outline resource impact of processing a request and ‘substantial and
unreasonable’
As described in my letter, we have made all reasonable efforts to contact you in assisting
with removal of the practical refusal reason, including our obligations under s 24AB where
we issued you with a request for consultation notice.
As I have not received a response to these attempts, and I am satisfied that the work
required to process your request in its current form would substantially and unreasonably
divert the resources of the agency from its usual operations, I am refusing your request
pursuant to s 24(1)(b) of the FOI Act.
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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
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release 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:
Onli
ne: 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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