Our reference: FOI 24/25-1297
GPO Box 700
Canberra ACT 2601
28 March 2025
1800 800 110
ndis.gov.au
Bob Buckley
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Bob Buckley
Freedom of Information request — Request consultation process
Thank you for your correspondence of 12 February 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).
Processing Timeframes
A 30-day statutory period for processing your request commenced from 13 February 2025,
in accordance with section 15(5)(b) of the FOI Act. Therefore, the due date for a decision on
access was 14 March 2025. However, I note this time has lapsed and as a result your
request is taken to be a deemed refusal under section 15AC of the FOI Act. I apologise for
this delay.
Your request has been allocated to me as an authorised FOI decision-maker and I will
continue to process your request for information as a priority and will provide you with a
decision on access as soon as practicable.
Scope of your request
You have requested access to the following documents:
“…The document
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.
org.au%2Frequest%2F11959%2Fresponse%2F40074%2Fattach%2F7%2FFOI%25202
4.25%25200252%2520Decision%2520Document.pdf&data=05%7C02%7Cfoi%40ndis.g
ov.au%7C2b6b82a81f0a4e05778208dd4aebac7b%7Ccd778b65752d454a87cfb9990fe5
8993%7C0%7C0%7C638749098494711386%7CUnknown%7CTWFpbGZsb3d8eyJFbX
B0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIld
UIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=cZj7pcZad8fjiz6KTkYCNDNp802bAMLfP9
PI%2F4Q3C%2Bo%3D&reserved=0 identifies $37m in NDIS legal costs for its AAT
cases in the 23-24 Financial Year.
Please provide, under the provisions of the Freedom of Information Act, all information
cost-benefit aspects of this expenditure…”
Practical refusal
I am authorised to make decisions under section 23(1) of the FOI Act.
I am writing to advise that the work involved in processing your request in its current form
would substantially and unreasonably divert the resources of the NDIA from its other
operations. The scope of your request, as it currently stands, is not entirely clear. This
constitutes a ‘practical refusal reason’ under section 24AA(1)(a)(i) of the FOI Act.
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On this basis, I intend to refuse your request. However, before I make a final decision, I am
writing to provide you with an opportunity to revise your request. This is called a ‘request
consultation process’ as set out under section 24AB of the FOI Act. You have 14 days to
respond to this notice in one of the ways set out below.
Why I intend to refuse your request
I note that your request seeks access to
“…all information cost-benefit aspects of this
expenditure…”
I have consulted with staff from the NDIA’s Legal Operations area, who have indicated that
the terms of your request, as it currently stands, are unclear and does not enable us to
identify the specific documents you are seeking.
To help identify documents can you clarify what you mean by the terms “
all information cost-
benefit aspects of this expenditure”. This will assist the Legal Operations team to conduct
searches for documents.
As a result, I am of the view that the work involved in the processing your request in its
current form would substantially and unreasonably divert the resources of the NDIA from its
other operations.
Request consultation process
You now have an opportunity to revise and clarify your request to enable it to proceed.
Please provide more specific information about the exact documents you are interested in
regarding the ‘cost-benefit aspects of this expenditure’. This will enable the Agency to
identify documents and avoid using excessive resources to process documents that may not
be of interest to you.
You have 14 days from the date you receive this letter to contact me and do one of the
following:
a. withdraw your request
b. make a revised request
c. indicate that you do not wish to revise the request.
During this period, you are welcome to seek assistance to revise your request. If you revise
your request in a way that adequately addresses the practical refusal reason outlined above,
we will recommence processing it.
Please note that the time taken to consult with you regarding the scope of your request is not
taken into account for the purposes of the timeframe for processing your request.
You can contact me by email at xxx@xxxx.xxx.xx.
Alternatively, you can reply in writing to the following address:
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
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If you do not contact me within this period, that is by 11 April 2025, your FOI request will be
taken to have been withdrawn under subsection 24AB(7) and will not be dealt with any
further.
Please do not hesitate to contact me if you have any questions.
Yours sincerely
Kate (KIM 627) A/g Assistant Director – Freedom of Information
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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