Our reference: FOIREQ25/00049
Dan Collins
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Dan Collins
Freedom of Information Request – FOIREQ25/00049
I refer to your request for access to documents made under the
Freedom of
Information Act 1982 (Cth) (the FOI Act). Your Freedom of Information (FOI
request) was received by the Office of the Australian Commissioner (OAIC) on 25
January 2025.
I am writing to inform you of my decision.
I have identified 3 document(s) within the scope of your request. I have made a
decision to grant access
in full to all 3 documents.
In accordance with section 26(1)(a) of the FOI Act, the reasons for my decision and
findings on material questions of fact are provided below.
Background
Scope of your request
Your FOI request sought access to the following information:
“
A copy of the National Disability Insurance Agency’s “2024-2025 Q2”
quarterly FOI statistical return form, submitted to the OAIC using the
Statistical Returns portal.”
1300 363 992
T +61 2 9284 9749 GPO Box 5228
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
F +61 2 9284 9666 Sydney NSW 2001 ABN 85 249 230 937
Request timeframe
Your request was made on 25 January 2025. This means that a decision on your
request is due by 24 February 2025.
Decision
I am an officer authorised under section 23(1) of the FOI Act to make decisions in
relation to FOI requests on behalf of the OAIC.
Subject to the following provisions of the FOI Act, I have made a decision to grant
access
in full to the 3 documents identified in relation to your request.
Searches undertaken
The FOI Act requires that all reasonable steps have been taken to locate
documents within scope of an FOI request.
In response to your request, the following line areas of the OAIC conducted
reasonable searches for documents relevant to you request:
• the Freedom of Information branch
Targeted searches were conducted from the:
• OAIC’s FOI statistics Database
Having consulted with the relevant line areas and undertaken a review of the
records of the various search and retrieval efforts, I am satisfied that a reasonable
search has been undertaken in response to your request and that all relevant
documents have been found.
Reasons for decision
Material taken into account
In making my decision, I have had regard to the following:
• your FOI request dated 25 January 2025.
• the FOI Act, in particular section 3, 11, 11A, 15, 22 and 26 of the FOI Act
• the Guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act to which regard must be had in performing a
function or exercising a power under the FOI Act (FOI Guidelines)
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Access to edited copies with irrelevant and exempt matter deleted (section 22)
In accordance with section 22 of the FOI Act, an agency must consider whether it
would be reasonably practicable to prepare an edited copy of documents subject
to an FOI request where material has been identified as exempt or irrelevant to the
request.
I have not removed any material and granted you
access in full to the material in
scope of your request.
Disclosure log decision
Section 11C of the FOI Act requires the OAIC to publish documents released
under the FOI Act on the OAIC’s disclosure log within 10 days of release, except if
they contain personal or business information that would be unreasonable to
publish.
I have made a decision to publish the documents subject to your request on the
OAIC’s disclosure log.
Release of document/s
The documents are enclosed for release.
The documents are identified in the
attached schedule of documents.
Please see the following page for information about your review rights.
Yours sincerely,
Nicole Pantazopoulos
Governance, Risk and Compliance (FOI) officer
24 February 2025
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If you disagree with my decision
Internal review
You have the right to apply for an internal review of my decision under Part VI of the
FOI Act. An internal review will be conducted, to the extent possible, by an officer
of the OAIC who was not involved in or consulted in the making of my decision. If
you wish to apply for an internal review, you must do so in writing within 30 days.
There is no application fee for internal review.
If you wish to apply for an internal review, please mark your application for the
attention of the FOI Coordinator and state the grounds on which you consider that
my decision should be reviewed.
Applications for internal reviews can be submitted to:
Office of the Australian Information Commissioner
GPO Box 5228
SYDNEY NSW 2001
Alternatively, you can submit your application by email
to xxx@xxxx.xxx.xx, or by
fax on 02 9284 9666.
Further review
You have the right to seek review of this decision by the Information Commissioner
and the Administrative Review Tribunal (ART).
You may apply to the Information Commissioner for a review of my decision (IC
review). If you wish to apply for IC review, you must do so in writing within 60 days.
Your application must provide an address (which can be an email address or fax
number) that we can send notices to, and include a copy of this letter. A request
for IC review can be made in relation to my decision, or an internal review
decision.
It is the Information Commissioner’s view that it will usually not be in the interests
of the administration of the FOI Act to conduct an IC review of a decision, or an
internal review decision, made by the agency that the Information Commissioner
heads: the OAIC. For this reason, if you make an application for IC review of my
decision, and the Information Commissioner is satisfied that in the interests of
administration of the Act it is desirable that my decision be considered by the ART,
the Information Commissioner may decide not to undertake an IC review.
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Section 57A of the FOI Act provides that, before you can apply to the ART for review
of an FOI decision, you must first have applied for IC review.
Applications for IC review can be submitted online at:
https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=I
CR_10
Alternatively, you can submit your application to:
Office of the Australian Information Commissioner
GPO Box 5228
SYDNEY NSW 2001
Or
by email to xxxxx@xxxx.xxx.xx, or by fax on 02 9284 9666.
Accessing your information
If you would like access to the information that we hold about you, please contact
xxx@xxxx.xxx.xx. More information is available on the Access our information page
on our website.
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