18 March 2025
Ref: LEX 4189
Ms Alayna
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Alayna
Freedom of Information Request No. (102) – 24/25 – (3)
I refer to your Freedom of Information request dated 06 February 2025 which sought access to documents
held by the NDIS Quality and Safeguard Commission (NDIS Commission) under the Freedom of Information
Act 1982 (Cth) (FOI Act).
Specifical y, your request sought access to:
“Concerning the registration of companies that offer applied behaviour analysis (ABA) services or companies
that predominately employ practitioners with ABA qualifications, either in the early intervention, therapy
support, or behaviour support categories”.
Administration of your FOI request
On 07 February 2025 NDIS Commission’s FOI team acknowledged your request by email.
On 07 March 2025 we wrote to you to request extension of time under Section 15AA for a further 30-day
statutory timeframe.
On 12 March 2025 we received confirmation from you agreeing to the extension of time. However, the
extension is not valid as it was received after the request due date.
As no extension of time is applied in this request, the decision in relation to your request was due on 10
March 2025. Your request has been deemed to be refused by the NDIS Commission under s 15AC of the FOI
Act. However, the NDIS Commission has continued to process your request. The NDIS Commission
apologises for the delay of processing this request. The NDIS Commission has now made a decision in
relation to your request.
I am an authorised decision maker for the purpose of section 23 of the FOI Act and this letter gives notice of
my decision on access for this request.
Decision
Searches by the NDIS Commission’s Practice Quality Division and Provider registration section did not locate
any documents that match the terms of your request. I am refusing access to the requested documents as
the NDIS Commission does not hold the documents you have requested. I am satisfied that al reasonable
steps have been taken to locate the requested documents and that they do not exist.
In reaching my decision, I have taken into consideration:
the terms of your request
the relevant provisions of the FOI Act (specifical y 24A)
the results of searches undertaken by relevant NDIS Commission staff; and
Guidelines issued by the Office of the Australian Information Commissioner (OAIC) under s93A of
the FOI Act (FOI Guidelines).
Section 24A – Requests may be refused if documents do not exist
Section 24A relevantly provides that:
1) An agency or Minister may refuse a request for access to a document if:
(a) al reasonable steps have been taken to find the document, and
2) the agency or Minister is satisfied that the document:
…..
i . does not exist.
The NDIS Commission has undertaken searches of records held by the Practice Quality division and the
Provider Registration section.
The Practice Quality team have advised they do not keep information on providers who they employ and
therefore would not be able to provide this information. Providers are responsible for ensuring their staff
have the required qualifications (e.g. Al ied Health qualifications), and this information is not held by the
Commission.
The Provider Registration team have advised that the NDIS Commission does not hold data on NDIS
providers who deliver Applied Behaviour Analysis (ABA). ABA is not a class of support or a component of
service delivery that a provider can register for.
Accordingly, I am satisfied that al reasonable steps have been taken to locate the documents you have
requested and that the Commission does not hold any documents within the scope of your request.
FOI DISCLOSURE LOG
As documents do not exist, I am not required to consider the requirement to publish details of information
released in this instance.
For further information about the Commission’s FOI disclosure log please refer to our website. FOI
Disclosure Log NDIS Quality and Safeguards Commission (ndiscommission.gov.au)
YOUR REVIEW RIGHTS
If you are dissatisfied with my decision, you may apply for internal review or Information Commissioner
review of the decision. We encourage you to seek internal review as a first step as it may provide a more
rapid resolution of your concerns.
Internal review
Under section 54 of the FOI Act, you may apply in writing to NDIS Commission for an internal review of my
decision by another NDIS Commission officer. The internal review application must be made within 30 days
of the date of this letter. The request should be addressed to xxx@xxxxxxxxxxxxx.xxx.xx. Where possible
please attach reasons why you believe review of the decision is necessary.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to review my
decision. An application for review by the Information Commissioner must be made in writing within 60 days
of the date of this letter, and be lodged in one of the fol owing ways:
Online: https://forms.business.gov.au/smartforms/form-expired.htm?formCode=ICR_10
Email: xxxxx@xxxx.xxx.xx
Post: GPO Box 5288 Sydney NSW 2001
More information about Information Commissioner review is available on website of the Office of the
Australian Information Commissioner.
FOI Complaints
If you are unhappy with the way we have handled your FOI request, please let us know what we could have
done better. We may be able to rectify the problem. If you are not satisfied with our response, you can make
a complaint to the Australian Information Commissioner. A complaint to the Information Commissioner must
be made in writing. Complaints can be lodged in one of the fol owing ways:
Online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA_1
Email: xxxxx@xxxx.xxx.xx
Post: GPO Box 5288 Sydney 2001
More information about complaints is available on the Office of the Australian Information Commissioner
website.
If you are not sure whether to lodge an Information Commissioner review or an Information Commissioner
complaint, the Office of the Australian Information Commissioner has more information at:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
QUESTIONS ABOUT THIS DECISION
If you wish to discuss this decision, please contact xxx@xxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Deepika Thimapuram
Assistant Director – Freedom of Information
Legal Services and Internal Integrity Division
NDIS Quality and Safeguards Commission
18 March 2025
