Our reference: FOI 24/25-1238
GPO Box 700
Canberra ACT 2601
1800 800 110
24 April 2025
ndis.gov.au
Stuart
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Stuart
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 6 February 2025, seeking 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
You have requested access to the following documents:
“Please provide the following figures for these quarters:
. FY 2022-23 Q3 (1 Jan 2023 - 31 Mar 2023) *
. FY 2022-23 Q4 (1 Apr 2023 - 30 Jun 2023) *
. FY 2023-24 Q1 (1 July 2023 - 30 Sep 2023) *
. FY 2023-24 Q2 (1 Oct 2023 - 31 Dec 2023) *
. FY 2023-24 Q3 (1 Jan 2024 - 31 Mar 2024)
. FY 2023-24 Q4 (1 Apr 2024 - 30 Jun 2024)
. FY 2024-25 Q1 (1 July 2024 - 30 Sep 2024)
. FY 2024-25 Q2 (1 Oct 2024 - 31 Dec 2024)
* I recognise that data recording in SAP CRM was more limited than in the current PACE
system. If the specific figures requested in sub-points 2.a, 3.a-c, 5.a-e, and 6.a are
unavailable for any period before January 1, 2024, those periods may be excluded from
addressing those sub-points.
1. The total number of internal review requests carried over (outstanding) from the
previous quarter.
2. The total number of internal review requests received during the quarter; and:
a). A breakdown of those requests by reviewable decision type, as identified by the
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"Item" number and "Column 1" provision description found in Section 99(1) of the NDIS
Act.
3. The total number of internal review decisions made during the quarter; and, the
number of decisions:
a). Confirming the reviewable decision (NDIS Act s100(6)(a))
b). Varying the reviewable decision (NDIS Act s100(6)(b))
c). Setting aside the reviewable decision and substituting a new decision (NDIS Act
s100(6)(c))
4. The total number of internal review requests closed without a decision during the
quarter; and, a list of reasons why this may occur.
5. The total number of internal review decisions made during the quarter; and, the
number of those decisions made:
a). Within 60 days
b). 61 to 90 days
c). 91 to 120 days
d). 121 to 160 days
e). 161 days or more
6. The total number of internal review requests still awaiting decision (outstanding) at the
end of the quarter; and, of those:
a). How many of the requests had been awaiting decision for 91 or more days?"
Timeframe
A 30-day statutory period for processing your request commenced from 6 February 2025 in
accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was
7 April 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. I apologise for the delay 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.
Section 17(1)(c) of the FOI Act provides that an agency can produce a written document
containing the requested information, by the use of a computer or other equipment that is
ordinarily available for retrieving or collating stored information. We have been able to
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produce a document containing some of the information you requested. I have, therefore,
treated your request as if it were a request for access to this document in accordance with
section 17(1)(c) of the FOI Act.
I have identified 1 document, which fall within the scope of your request.
The document was identified by the ADA Branch who conducted searches of NDIA’s
systems, using all reasonable search terms that could return documents relevant to your
request, and consulting with relevant NDIA staff who could be expected to be able to identify
documents within the scope of the request.
I have decided to grant access to 1 document in full.
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.
Further information
The line area (ADA) has advised that they are only able to produce some of the information
that you have requested. In relation to your request for a breakdown of the quarterly figures,
the ADA have advised that they can only produce numbers at a total level and not by the
breakdown requested.
4. The total number of internal review requests closed without a decision during the quarter;
and, a list of reasons why this may occur.
ADA have advised that they are unable to produce these figures as it is not currently
possible to differentiate between requests that are withdrawn due to administrative error and
those that are legitimate requests that are closed without a decision.
5. The total number of internal review decisions made during the quarter; and, the number of
those decisions made:
a). Within 60 days
b). 61 to 90 days
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c). 91 to 120 days
d). 121 to 160 days
e). 161 days or more
6. The total number of internal review requests still awaiting decision (outstanding) at the
end of the quarter; and, of those:
a). How many of the requests had been awaiting decision for 91 or more days?
ADA have advised that they only have existing data related to timeframes for internal
reviews recorded in the PACE system and split by "within 60 days" and "over 60 days".
Release of documents
The document for release, as referred to in the Schedule of Documents at
Attachment A, is
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
Kate (KIM627)
A/Assistant Director – Freedom of Information
Non Personals Team
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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Attachment A
Schedule of Documents for FOI 24/25-1238
Document
Page
Description
Access Decision
Comments
number
number
1 1
Created Document
FULL ACCESS
Document created under
section 17 of the FOI Act
Date: 7 April 2025
1
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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