Our reference: FOI 20/21-0736
GPO Box 700
Canberra ACT 2601
1800 800 110
4 June 2021
ndis.gov.au
Grace Stranger
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Grace Stranger
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 5 May 2021, 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
You have requested access to documents about the National Disability Insurance Scheme
(NDIS). Specifically, you requested access to:
1. How many NDIS participants are in NSW prisons?
2. The average supports the NDIA have funded for people in NSW prisons
3. How many $1 or $0 plans are active for people in NSW prisons
4. What NDIS Providers are currently operating in/making assessments for NSW
prisons?
Decision on access to documents
I am authorised to make decisions under the FOI Act. My decision on your request and the
reasons for my decision are set out below.
The information you requested was not available in a separate written document at the time
of your request. However, we have been able to produce a document containing the
information you have requested. I have therefore treated your request as if it were for access
to this document in accordance with section 17 of the FOI Act.
I have identified one document which falls within the scope of your request.
The document was identified by conducting searches of NDIA’s systems using all reasonable
search terms that could return documents relevant to your request, and by consulting with
relevant NDIA staff who could be expected to be able to identify documents within the scope
of the request.
The New South Wales Department of Communities and Justice
provides information to the
NDIA regarding current and prospective participants in NSW prisons. The data provided is
reflective of a point in time, noting that people move in and out of prisons (including remand)
daily.
While every reasonable attempt has been made to ensure the accuracy of the data provided,
circumstances change daily and there may be a delay in reporting relevant information to the
NDIA and/or circumstances that the NDIA is not informed of.
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The data provided in response to this request reflects the latest plan information for the
participant circumstances that the NDIA has been notified of as at 30 April 2021
. I have decided to grant access to one document in full.
In reaching my decision, I took into account the following materials:
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;
consultation with relevant NDIA staff; and
the NDIA’s operating environment and functions.
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
Ausilia Woodhead Assistant Director
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 20/21-0736
Document
Page
Description
Access Decision
Comments
number
number
FOI 20/21-0736: Statistics related
FULL ACCESS
Document created under
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to NDIS participants in NSW
section 17 of the FOI Act.
prisons as at 30 April 2021*
*data reflects the latest plan information for the participant circumstances that the NDIA has been notified of as at 30 April 2021
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Attachment B
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review
will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in
writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review
process, you should clearly outline your grounds for review (that is, the reasons why you
disagree with the decision). Applications for internal review can be lodged by email to
xxx@xxxx.xxx.xx or sent by post to:
Freedom of Information Section
Parliamentary, Ministerial & FOI Branch
Government Division
National Disability Insurance Agency
GPO Box 700
Canberra ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act also 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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