Application for IC Review of NDIA decision in FOI 24/25-0317.
Dear Office of the Australian Information Commissioner,
I am requesting an external review by the Information Commissioner of my FOI request to the National Disability Insurance Agency (NDIA), reference FOI 24/25-0317.
The full correspondence can be found at this address: https://www.righttoknow.org.au/request/a...
The decision notice can be found at this address: https://www.righttoknow.org.au/request/1...
[ EVENTS ]
- On 6 September 2024 I made an FOI request to the NDIA asking for “a copy of all ‘Advice Support Tool’ documents held by the NDIA”, via the Right To Know website.
- The NDIA were granted a 15 day extension until October 21 2024.
- On 8 November 2024 the NDIA provided a decision notice stating that 67 documents had been identified within the scope, and access to all 67 documents was refused in full under FOI Act s47E(d).
- The decision notice also stated I would not be able to request an internal review by the Agency of the decision, but I could request an external review by the OAIC.
[ REASONS FOR IC REVIEW ]
1. The Agency has failed to acknowledge that 2 of the 67 documents have already been released in full on 22/08/2024 as part of FOI 23/24-1328 (Document 7 and 8).
This request was included on the Agency’s Disclosure Log (as seen here: https://web.archive.org/web/202409100116...), but has since been removed.
FOI 23/24-1328 was requested from the disclosure log on 27 August 2024 by a user on Right To Know and the documents are available publicly at this address: https://www.righttoknow.org.au/request/f...
2. Because 2 of the 67 documents have already been made available previously under FOI 23/24-1328, there should be no reason to withhold the re-release of those documents for FOI 24/25-0317 as they cleary fall within the scope of the request and are already available publicly.
3. One would also suspect, that if these documents carried a real risk of “substantial adverse effect” on the proper and efficient conduct of the operations of the NDIA, that the agency would be able to provide more specific evidence of how the release of the ‘Advice Support Tool’ documents regarding ‘Exercise Physiology’ and ‘Continence’ have caused harm since their release in August under FOI 23/24-1328, to justify their subsequent decision in FOI 24/25-0317 to deny any further release of this type of document.
4. I also find it very difficult to believe, having read the 2 ‘Advice Support Tool’ documents released under FOI 23/24-1328, that the *entirety* of all 67 documents should be exempt under s47E(d).
As such, I am requesting that the Information Commissioner review the decision made by the NDIA in FOI 24/25-0317 and determine whether the 67 ‘Advice Support Tool’ documents can actually be released in full or in part.
I can be contacted at this email address for discussion of these matters. I realise the OAIC prefer to receive IC review requests via the form on the OAIC website. Unfortunately I am not able to use the form in this instance, so I respectfully ask that you please accept this email request for an IC review.
Thank you, and I look forward to your response.
Kind regards,
Emily Lacey
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Our reference: MR25/00038
Agency reference: FOI 24/25-0317
Applicant: Emily Lacey
Respondent: National Disability Insurance Agency
By email: [1][FOI #12703 email]
Your Information Commissioner review application
Good afternoon Emily,
On 5 January 2025, you applied for IC review about a Freedom of
Information (FOI) decision made by the National Disability Insurance
Agency. This was because you indicated you were unhappy with the FOI
decision.
I have attached a copy of your IC review application for your reference.
Why we are writing to you:
I am writing to you to help you make a valid Information Commissioner
review (IC review) application.
At this time, it appears your application was submitted out of time. The
last day for you to apply for IC review was 20 December 2024. This is
because the timeframe for applying for an IC review (60 days) starts from
when you should have received a decision. To assist, I have included a
summary of the processing timeframe:
o 6 September 2024: FOI request made (due 6 October 2024)
o 26 September 2024: s 15AA extension of time agreed by applicant (15
days granted) (due 21 October 2024)
o 21 October 2024: Deemed refused
o 8 November 2024: Original decision notified by the Agency (out of
jurisdiction)
o 20 December 2024: s 54S timeframe expired
o 5 January 2025: IC review application received (76 days overdue)
Action required by you before 15 January 2025:
o Please tell us why your application was late. The Information
Commissioner may take the following factors into account:
o the length of the delay in applying for IC review
o the reason for the delay
o any action taken by the applicant regarding the decision after the
agency or minister made their decision
o any prejudice to the agency or the minister and the general public due
to the delay and
o the merits of the substantive IC review application.
Participation in IC review process:
You are required to comply with the [2]Direction as to certain procedures
to be followed by applicants in Information Commissioner reviews. If an
applicant fails to comply with a direction of the Information
Commissioner, including the Direction as to certain procedures to be
followed by applicants in Information Commissioner reviews, the
Information Commissioner may in some cases decide not to undertake or
continue to undertake an IC review. The Direction specifically states:
o The applicant must provide the IC with information about the FOI
decision, in particular:
The date of the FOI decision.
o In most cases, an application for IC review must be made within 60
days of the applicant being notified of the agency’s or Minister’s
decision to refuse access to some or all of the documents
requested, or within 30 days of a decision granting access to
documents to another person.
o If an application for IC review is not made within the timeframes
in the FOI Act, applicants may apply to the IC under s 54T of the
FOI Act for an extension of time to apply for IC review. Where an
extension of time is sought, the applicant must provide reasons
which explain why it would be reasonable in all the circumstances
to extend the time to apply for IC review. In considering what is
reasonable in all the circumstances, the IC may take the following
factors into account:
i. the length of the delay in applying for IC review
ii. the reason for the delay
iii. any action taken by the applicant regarding the decision after
the agency or minister made their decision
iv. any prejudice to the agency or the minister and the general
public due to the delay and
v. the merits of the substantive IC review application [2.15]
o Applicants must respond to requests for information from the OAIC
within the time provided unless there are exceptional circumstances
warranting a longer period to respond. If more time is needed, a
request for an extension of time must be made to the OAIC at the
earliest opportunity within the period provided for response, and no
later than 2 days before that period is due to expire. Requests for
more time must explain the exceptional circumstances that necessitate
additional time and propose a new date for response. Approval of an
extension request is at the discretion of the OAIC [2.22]
As such, if you do not provide the information we need for the IC review
application by 15 January 2025 , we intend to close your IC review
application.
Assistance
If you are unable to respond by 15 January 2025, you must request more
time at the earliest opportunity and no later than 13 January 2025.
Requests for more time must explain why you need more time, and you must
tell us when you will be able to provide a response.
Please note: You can withdraw an IC review application at any time. There
is no penalty if you do this. You can also lodge a new FOI request to the
respondent at any time.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference number MR25/00038 in all correspondence about
this matter.
Kind regards,
Ellie
[4][IMG] Intake and Eligibility Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P: 1300 363 992
W: [5]Enquiry form
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people, cultures
and Elders past and present.
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Dear OAIC FOI,
Thank you for your assistance Ellie – I apologise for my misunderstanding of the dates for this process. I have done my best to address the points you have requested here, but please let me know if I have missed anything that you require.
[ REASONS FOR DELAY ]
I had mistakenly calculated the IC review request due date as beginning from 8 November 2024, the date I received decision notice from the NDIA, which would set the 60 days expire on 7 January 2024.
I had come to this conclusion because:
1. FOI Act s54S(1) states, "An IC review application in relation to a decision covered by subsection 54L(2) (access refusal decisions) must be made within 60 days after the day notice of the IC reviewable decision was given under section 26", and I had not received any notice from the NDIA about a decision until November 8 2024.
2. The Decision Notice letter I received from the NDIA specifically advised that I had 60 days beginning on my receipt of the letter, stating, "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." (page 4)
3. I was not appropriately informed by the NDIA that a deemed decision had occurred upon conclusion of the statutory decision period on 21 October 2024.
- The 8 November 2024 Decision Notice letter does not specify that the deemed refusal decision had occurred on 21 October 2024, or that the 8 November 2024 decision to deny access under s47E(d), which was given the most substantial attention as a "decision" in the notice, wasn't actually the decision that my appeal rights were tied to.
- The notice I received in November only mentions 21 October 2024 when it states, "Extension of time [...] [The OAIC] granted us a 15-day extension of time under section 15AB of the FOI Act, making 21 October 2024 the new date to provide you with a decision on access". There is no further context regarding the dates relevance.
- And the only time the word "deemed" was used in the notice is in 'Attachment A' where the NDIA have detailed my review rights, stating, "As this matter was a deemed refusal, internal review of this decision is not an option."
Because of these factors, I believed I was able to make an appeal to the OAIC for an Information Commissioner Review for this FOI request up until 7 January 2024, to revisit the FOI decision made by the Agency on 8 November 2024. This resulted in my review application mistakenly being 16 days late, made on day 76 after the deemed decision that occurred silently on 21 October 2024.
Additionally, I apologise that, even without the date mixup, I was cutting it close with my application being made on (what I thought was) day 58. After receiving the decision it took some time for me to properly consider the Agency's perspective/reasons for the s47E(d) refusal decision in these circumstances, and whether or not I wanted to pursue a review.
Ultimately I've concluded that I believe the NDIA's decision to refuse the all of documents in full was excessive, that the speculative risk of harm has been overstated (especially since professional discretion and evidence-based assessments are still required in practice), and that release of these documents is within the public interest to promote greater transparency and accountability of agency decision making regarding NDIS supports; particularly in light of the recent NDIS legislation amendments that took effect on October 3rd 2024.
For all of the above reasons, I respectfully request that an extension of time is granted by the Information Commissioner, to allow for an IC Review of FOI 24/25-0317 (OAIC MR25/00038) to proceed despite the delay in my application delay.
If there is any further information I can provide to aid in receiving the extension, or to clarify why I disagree with the NDIA's FOI decision, please do not hesitate to contact me again at this address.
Thank you for your attention to this matter. I look forward to hearing from you again.
Kind regards,
Emily Lacey
Dear Ellie,
I hope this email finds you well.
I am contacting you to enquire about my application for review, and whether it has been granted an extension and accepted by the information commissioner. Is there an update available at this stage?
Please let me know if there is anything else I can do.
Yours sincerely,
Emily Lacey
Our reference: MR25/00038
Agency reference: FOI 24/25-0317
By email: [FOI #12703 email]
Extension of time request under s 54T of the FOI Act
Dear Emily,
Thank you for your email, and I apologise for my delay in responding.
I refer to your request for an extension of time (s 54T) to seek Information Commissioner review (IC review) of the decision deemed to be made by the National Disability Insurance Agency (the Agency) under the Freedom of Information Act 1982 (the FOI Act).
As noted in our previous correspondence to you inviting your application for extension under s 54T, your IC review application was received outside of the prescribed statutory timeframe. I note that a deemed refusal decision occurred on 21 October 2024, and you wish to seek review of the decision issued by the Agency on 8 November 2024.
As a delegate of the Information Commissioner, I am authorised to make decisions on requests for extensions of time under s 54T of the FOI Act.
I have considered the reasons provided in support of your request for an extension of time. In particular, I have considered:
• It appears you were unaware that the deemed refusal decision was the correct IC reviewable decision and that the timeframe for applying for IC review began on the date of the deemed access refusal decision.
• You were incorrectly advised by the Agency that the timeframe for applying for IC review commenced on 8 November 2024, when in fact it began on 21 October 2024.
• Your IC review application was made within 60 days of 8 November 2024, which is the date you were notified of a decision on your request by the Agency and the date that you believed marked the commencement of the timeframe for applying for IC review.
• The length of the delay in applying for IC review is not a significant period.
In light of this, I have decided under s 54T of the FOI Act to grant your extension request.
Based on the information before the OAIC, I am satisfied that granting an extension of time under s 54T of the FOI Act is reasonable in all the circumstances.
As such, your IC review is taken to have been lodged within the statutory timeframe. We will write to you regarding the progress of your IC review in due course.
If you would like to discuss this matter, I can be reached by email at [email address]. Please quote the reference number at the top of this email in all correspondence.
Review rights
Judicial review
If you disagree with the OAIC’s decision you can apply to the Federal Court of Australia or the Federal Circuit Court for a review of a decision of the Information Commissioner if you think that a decision by the Information Commissioner to grant an extension of time is not legally correct. You can make this application under the Administrative Decisions (Judicial Review) Act 1977.
The Court will not review the merits of your case but it may refer the matter back to the Information Commissioner for further consideration if it finds the decision was wrong in law or the Information Commissioner’s powers were not exercised properly.
An application for review must be made to the Court within 28 days of the OAIC sending the decision to you. You may wish to seek legal advice as the process can involve fees and costs. Please contact the Federal Court registry in your state or territory for more information, or visit the Federal Court website at http://www.fedcourt.gov.au/.
Making a complaint to the Commonwealth Ombudsman
If you believe you have been treated unfairly by the OAIC, you can make a complaint to the Commonwealth Ombudsman (the Ombudsman). The Ombudsman's services are free. The Ombudsman can investigate complaints about the administrative actions of Australian Government agencies to see if you have been treated unfairly.
If the Ombudsman finds your complaint is justified, the Ombudsman can recommend that the OAIC reconsider or change its action or decision or take any other action that the Ombudsman considers is appropriate. You can contact the Ombudsman's office for more information on 1300 362 072 or visit the Commonwealth Ombudsman’s website at http://www.ombudsman.gov.au.
Accessing your information
If you would like access to the information that we hold about you, please contact [email address]. More information is available on the Access our information page on our website.
Kind regards
Will Martin (he/him)
Intake & Triage Officer
Intake and Eligibility Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [email address]
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
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Our reference: MR25/00038
Agency/Minister reference: FOI 24/25-0317
FOI Contact Officer
National Disability Insurance Agency
By email: [1][email address]
Emily Lacey
By email: [2][FOI #12703 email]
Information Commissioner review - Notice of commencement
Dear Parties,
Please find attached notice of commencement for the above referenced
Information Commissioner review (IC review).
As outlined in the notice, it appears that the National Disability
Insurance Agency’s decision dated 8 November 2024, was not made within the
statutory timeframe. As such, the IC reviewable decision remains the
National Disability Insurance Agency’s deemed access refusal decision of
21 October 2024. The purported decision, taken to be a submission, cannot
be considered a variation of an access refusal decision under s 55G of the
FOI Act. Should the National Disability Insurance Agency decide to grant
access during the IC review process, this must be made in accordance with
s 55G of the FOI Act.
The OAIC requires the agency to engage with applicants to resolve or
narrow the issues in dispute. Applicants are encouraged to actively
communicate with the agency to facilitate this engagement.
Please note, Annexure A and B of the notice provide further information
about the obligations of parties during the IC review process.
Kind regards,
[3][IMG] Ishraq Quashem
Casework Support Officer
FOI Case Management Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[5]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
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2. mailto:[FOI #12703 email]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/engage-with-us/n...
Your reference: MR25/00038
Our reference: FOI 24/25-0317
OAIC
By email: [1][email address]
Emily Lacey
By email: [2][FOI #12703 email]
Dear Ishraq,
Thank you for your email requesting submissions in relation to this
matter.
To support our submissions, we have consulted with staff in our Legal team
for assistance.
They are currently reviewing the matter and have requested additional time
to provide their response.
As a result, we kindly request an extension of time to provide our
submissions to 3 April 2025.
This will enable us with the additional time to review legal’s advice,
then consult with the original business units and draft comprehensive
submissions.
Thank you for considering our request.
If you require any further information, please let us know.
Kind regards,
Sussan
Senior Freedom of Information Officer
Complaints Management & FOI
Governance, Risk & Legal – Government Division
National Disability Insurance Agency
Email: [3][email address]
[4]NDIA logo
[5]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia
and their continuing connection to land, sea and community. We pay our
respects to
them and their cultures and to Elders past, present and emerging.
[6]Aboriginal and Torres Strait Islander flags graphic
From: OAIC - FOI DR <[7][email address]>
Sent: Thursday, 6 February 2025 12:58 PM
To: foi <[8][email address]>;
[9][FOI #12703 email]
Subject: OAIC – Response due 20 March 2025 - MR25/00038 - Notice of
Information Commissioner review – Agency reference FOI 24/25-0317
[SEC=OFFICIAL]
Our reference: MR25/00038
Agency/Minister reference: FOI 24/25-0317
FOI Contact Officer
National Disability Insurance Agency
By email: [10][email address]
Emily Lacey
By email: [11][FOI #12703 email]
Information Commissioner review - Notice of commencement
Dear Parties,
Please find attached notice of commencement for the above referenced
Information Commissioner review (IC review).
As outlined in the notice, it appears that the National Disability
Insurance Agency’s decision dated 8 November 2024, was not made within the
statutory timeframe. As such, the IC reviewable decision remains the
National Disability Insurance Agency’s deemed access refusal decision of
21 October 2024. The purported decision, taken to be a submission, cannot
be considered a variation of an access refusal decision under s 55G of the
FOI Act. Should the National Disability Insurance Agency decide to grant
access during the IC review process, this must be made in accordance with
s 55G of the FOI Act.
The OAIC requires the agency to engage with applicants to resolve or
narrow the issues in dispute. Applicants are encouraged to actively
communicate with the agency to facilitate this engagement.
Please note, Annexure A and B of the notice provide further information
about the obligations of parties during the IC review process.
Kind regards,
[12][IMG] Ishraq Quashem
Casework Support Officer
FOI Case Management Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [13][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[14]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
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Your reference: MR25/00038
Our reference: FOI 24/25-0317
Good afternoon, Sussan
We apologise for the delay in responding to your request for an extension
of time and confirm an extension until 3 April 2025 is granted.
Kind regards
[1][IMG] Rachel McCormack
A/g Assistant Director | Early
Resolution
FOI Case Management Branch
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
1300 363 992 |
[3][email address]
[4][IMG] | [5][IMG] | [6][IMG] | [7]Subscribe to OAICnet
newsletter
The OAIC has revised its IC review procedure directions from 1 July 2024.
For more information, including new resources to assist applicants and
respondents, see our webpage: [8]Information Commissioner reviews.
The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and present.
[9]Subscribe to Information Matters
From: foi <[email address]>
Sent: Tuesday, 25 February 2025 11:33 AM
To: OAIC - FOI DR <[email address]>
Cc: foi <[email address]>; '[FOI #12703 email]'
<[FOI #12703 email]>
Subject: RE: OAIC – Response due 20 March 2025 - MR25/00038 - Notice of
Information Commissioner review – Agency reference FOI 24/25-0317
[SEC=OFFICIAL]
CAUTION: This email originated from outside of the organisation. Do not click
links or open attachments unless you recognise the sender and know the content
is safe.
Your reference: MR25/00038
Our reference: FOI 24/25-0317
OAIC
By email: [10][email address]
Emily Lacey
By email: [11][FOI #12703 email]
Dear Ishraq,
Thank you for your email requesting submissions in relation to this
matter.
To support our submissions, we have consulted with staff in our Legal team
for assistance.
They are currently reviewing the matter and have requested additional time
to provide their response.
As a result, we kindly request an extension of time to provide our
submissions to 3 April 2025.
This will enable us with the additional time to review legal’s advice,
then consult with the original business units and draft comprehensive
submissions.
Thank you for considering our request.
If you require any further information, please let us know.
Kind regards,
Sussan
Senior Freedom of Information Officer
Complaints Management & FOI
Governance, Risk & Legal – Government Division
National Disability Insurance Agency
Email: [12][email address]
[13]NDIA logo
[14]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia
and their continuing connection to land, sea and community. We pay our
respects to
them and their cultures and to Elders past, present and emerging.
[15]Aboriginal and Torres Strait Islander flags graphic
From: OAIC - FOI DR <[16][email address]>
Sent: Thursday, 6 February 2025 12:58 PM
To: foi <[17][email address]>;
[18][FOI #12703 email]
Subject: OAIC – Response due 20 March 2025 - MR25/00038 - Notice of
Information Commissioner review – Agency reference FOI 24/25-0317
[SEC=OFFICIAL]
Our reference: MR25/00038
Agency/Minister reference: FOI 24/25-0317
FOI Contact Officer
National Disability Insurance Agency
By email: [19][email address]
Emily Lacey
By email: [20][FOI #12703 email]
Information Commissioner review - Notice of commencement
Dear Parties,
Please find attached notice of commencement for the above referenced
Information Commissioner review (IC review).
As outlined in the notice, it appears that the National Disability
Insurance Agency’s decision dated 8 November 2024, was not made within the
statutory timeframe. As such, the IC reviewable decision remains the
National Disability Insurance Agency’s deemed access refusal decision of
21 October 2024. The purported decision, taken to be a submission, cannot
be considered a variation of an access refusal decision under s 55G of the
FOI Act. Should the National Disability Insurance Agency decide to grant
access during the IC review process, this must be made in accordance with
s 55G of the FOI Act.
The OAIC requires the agency to engage with applicants to resolve or
narrow the issues in dispute. Applicants are encouraged to actively
communicate with the agency to facilitate this engagement.
Please note, Annexure A and B of the notice provide further information
about the obligations of parties during the IC review process.
Kind regards,
[21][IMG] Ishraq Quashem
Casework Support Officer
FOI Case Management Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [22][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[23]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
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References
Visible links
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2. https://www.oaic.gov.au/
3. mailto:[email address]
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8. https://www.oaic.gov.au/freedom-of-infor...
9. https://www.oaic.gov.au/engage-with-us/n...
10. mailto:[email address]
11. mailto:[FOI #12703 email]
12. mailto:[email address]
14. https://intranet.ndiastaff.ndia.gov.au/h...
16. mailto:[email address]
17. mailto:[email address]
18. mailto:[FOI #12703 email]
19. mailto:[email address]
20. mailto:[FOI #12703 email]
21. https://www.oaic.gov.au/
22. mailto:[email address]
23. https://www.oaic.gov.au/engage-with-us/n...
Dear OAIC - FOI DR,
OAIC reference: MR25/00038
Agency/Minister reference: FOI 24/25-0317
I hope this email finds you well.
I am contacting you as I haven’t received the NDIA’s submissions that were due back 3 April 2025 (deadline extended from 20 March 2025) in relation to this matter. Could you please confirm that these haven’t been provided to the OAIC either?
Kind regards,
Emily Lacey
Dear Emily Lacey,
I am writing to provide you with an update on your matter MR25/00038 that
is currently under Information Commissioner review.
The NDIA has considered the decision under review and has determined that
it would be appropriate to make a new decision under s 55G of the Freedom
of Information Act 1982.
To allow the NDIA to make the new decision, I have requested an extension
of time from the Office of the Australian Information Commissioner (OAIC)
until 22 May 2025.
I have included the correspondence sent to the OAIC below. Please note I
have removed staff last names and email addresses for privacy reasons.
Yours sincerely
Karla
Karla
Assistant Director, Information Access
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
Email: [1][email address]
[2]NDIA logo
[3]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia
and their continuing connection to land, sea and community. We pay our
respects to
them and their cultures and to Elders past, present and emerging.
From: foi <[email address]>
Sent: Tuesday, 15 April 2025 3:56 PM
To: OAIC - FOI DR <[email address]>
Cc: foi <[email address]>
Subject: RE: OAIC – MR25/00038 - Notice of Information Commissioner review
– Agency reference FOI 24/25-0317 [SEC=OFFICIAL]
Dear Rachel,
MR25/00038 – Application for an Extension of Time
We refer to the Notice of IC review and request for documents of 6
February 2025 (Notice), requiring the NDIA to complete the engagement with
the applicant and share its submissions with the OAIC and the applicant
and to provide the relevant documents to OAIC by 20 March 2025.
The NDIA acknowledges that it has not been able to meet the above
timeframe and apologises to OAIC and to the applicant. The NDIA confirms
it has given further consideration to the decision under review and has
determined that it would be appropriate to make a new decision under s 55G
of the Freedom of Information Act 1982.
To allow the NDIA to make the new decision, the NDIA respectfully requests
that the compliance date in the Notice be amended to Thursday 22 May 2025.
Yours sincerely
Karla
Karla
Assistant Director, Information Access
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
Email: [4][email address]
[5]NDIA logo
[6]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia
and their continuing connection to land, sea and community. We pay our
respects to
them and their cultures and to Elders past, present and emerging.
References
Visible links
1. mailto:[email address]
3. https://intranet.ndiastaff.ndia.gov.au/h...
4. mailto:[email address]
6. https://intranet.ndiastaff.ndia.gov.au/h...
Our reference: MR25/00038
Agency/Minister reference: FOI 24/25-0317
FOI Contact Officer
National Disability Insurance Agency
By email: [1][email address]
Emily Lacey
By email: [2][FOI #12703 email]
Good afternoon, Karla
Given the delays in the Agency providing its response despite an extended
due date, we do not consider a further extension until 22 May 2025 to be
appropriate in the circumstances.
Action required by close of business 2 May 2025:
If the Agency is unable to finalise its revised decision under s 55G of
the FOI Act by close of business 2 May 2025, we require the Agency to
provide to the OAIC, the documents and information outlined in the notice
issued under s 54Z of the FOI Act on 6 February 2025.
Non-compliance may result in:
If we do not receive a response by close of business 2 May 2025, we will
proceed with the requirement for the production of documents under section
55R of the FOI Act. The s 55R Notice will be issued to the relevant SES
band 2 (or equivalent) within your Agency. Failure to comply with the
notice is an offence punishable by six months’ imprisonment (per section
55R(5)).
For further details, refer to paragraphs 2.10 and 3.18 of the [3]Direction
as to certain procedures to be followed by agencies and ministers in
Information Commissioner reviews.
Kind regards
[4][IMG] Rachel McCormack
A/g Assistant Director | Early
Resolution
FOI Case Management Branch
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
1300 363 992 |
[6][email address]
[7][IMG] | [8][IMG] | [9][IMG] | [10]Subscribe to OAICnet
newsletter
The OAIC has revised its IC review procedure directions from 1 July 2024.
For more information, including new resources to assist applicants and
respondents, see our webpage: [11]Information Commissioner reviews.
The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and present.
[12]Subscribe to Information Matters
From: foi <[email address]>
Sent: Tuesday, 15 April 2025 4:52 PM
To: [FOI #12703 email]
Cc: foi <[email address]>; OAIC - FOI DR <[email address]>
Subject: FW: OAIC – MR25/00038 - Notice of Information Commissioner review
– Agency reference FOI 24/25-0317 [SEC=OFFICIAL]
CAUTION: This email originated from outside of the organisation. Do not click
links or open attachments unless you recognise the sender and know the content
is safe.
Dear Emily Lacey,
I am writing to provide you with an update on your matter MR25/00038 that
is currently under Information Commissioner review.
The NDIA has considered the decision under review and has determined that
it would be appropriate to make a new decision under s 55G of the Freedom
of Information Act 1982.
To allow the NDIA to make the new decision, I have requested an extension
of time from the Office of the Australian Information Commissioner (OAIC)
until 22 May 2025.
I have included the correspondence sent to the OAIC below. Please note I
have removed staff last names and email addresses for privacy reasons.
Yours sincerely
Karla
Karla
Assistant Director, Information Access
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
Email: [13][email address]
[14]NDIA logo
[15]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia
and their continuing connection to land, sea and community. We pay our
respects to
them and their cultures and to Elders past, present and emerging.
From: foi <[16][email address]>
Sent: Tuesday, 15 April 2025 3:56 PM
To: OAIC - FOI DR <[17][email address]>
Cc: foi <[18][email address]>
Subject: RE: OAIC – MR25/00038 - Notice of Information Commissioner review
– Agency reference FOI 24/25-0317 [SEC=OFFICIAL]
Dear Rachel,
MR25/00038 – Application for an Extension of Time
We refer to the Notice of IC review and request for documents of 6
February 2025 (Notice), requiring the NDIA to complete the engagement with
the applicant and share its submissions with the OAIC and the applicant
and to provide the relevant documents to OAIC by 20 March 2025.
The NDIA acknowledges that it has not been able to meet the above
timeframe and apologises to OAIC and to the applicant. The NDIA confirms
it has given further consideration to the decision under review and has
determined that it would be appropriate to make a new decision under s 55G
of the Freedom of Information Act 1982.
To allow the NDIA to make the new decision, the NDIA respectfully requests
that the compliance date in the Notice be amended to Thursday 22 May 2025.
Yours sincerely
Karla
Karla
Assistant Director, Information Access
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
Email: [19][email address]
[20]NDIA logo
[21]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia
and their continuing connection to land, sea and community. We pay our
respects to
them and their cultures and to Elders past, present and emerging.
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[email address]
2. mailto:[FOI #12703 email]
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/
5. https://www.oaic.gov.au/
6. mailto:[email address]
7. http://www.facebook.com/OAICgov
8. https://www.linkedin.com/company/office-...
9. https://twitter.com/OAICgov
10. https://www.oaic.gov.au/media-and-speech...
11. https://www.oaic.gov.au/freedom-of-infor...
12. https://www.oaic.gov.au/engage-with-us/n...
13. mailto:[email address]
15. https://intranet.ndiastaff.ndia.gov.au/h...
16. mailto:[email address]
17. mailto:[email address]
18. mailto:[email address]
19. mailto:[email address]
21. https://intranet.ndiastaff.ndia.gov.au/h...
Dear OAIC - FOI DR,
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
I hope this email finds you well.
I can see in your last email to the NDIA and myself (16 April 2025) that you rejected the agencies request for a further extension and required they reply by close of business 2 May 2025.
This date has now passed and I haven't received anything from the agency. Are you able please confirm that the OAIC haven't heard anything more on the matter either?
Assuming the agency have missed the deadline, may I ask what happens now? Is there anything you need from me at this stage?
Kind regards,
Emily Lacey
Good afternoon, Emily
Thank you for your email.
The OAIC received a response from the agency on 2 May 2025. I have sent a follow up email requesting they share a copy of their submission with you. Please advise us by reply email if you still have not received the agency's submission by close of business 13 May 2025.
Kind regards
Rachel McCormack
A/g Assistant Director | Early Resolution
FOI Case Management Branch
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
1300 363 992 | [email address]
|
|
|
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The OAIC has revised its IC review procedure directions from 1 July 2024. For more information, including new resources to assist applicants and respondents, see our webpage: Information Commissioner reviews.
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
Subscribe to Information Matters
Dear Rachel,
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
I hope this email finds you well.
At the time of sending this email I still haven't received the agency's submission.
Please let me know how to proceed.
Many thanks,
Emily Lacey
Dear Rachel,
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
I still haven't received the NDIA's submissions you apparently received from the agency on 2 May 2025, despite you informing them that they must share the submissions with me by COB 13 May 2025 (now 2 weeks ago).
Please let me know how to proceed.
Many thanks,
Emily Lacey
Dear NDIA,
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
I still haven't received a copy of the NDIA submissions.
The OAIC informed me that they had received your submissions on 2 May 2025.
On 8 May 2025 OAIC Assistant Director Rachel McCormack informed me that she had flagged this issue with the NDIA, and that the agency was instructed they had until COB 13 May 2025 to share the submissions with me (https://www.righttoknow.org.au/request/a...)
It is now 27 May 2025 and I haven't received the agency's submissions for this case. Please provide them to me as is required by the OAIC.
Many thanks,
Emily Lacey
Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
Please note: due to a high volume of requests, our ability to respond to
you in a timely manner may be affected. We will action your request as
soon as possible and will endeavour to process your matter within the
legislative deadlines. We may need to seek your agreement to an extension
of time. We appreciate your understanding if this is required.
Participant Information
Did you know the NDIA has other ways to access the documents and
information that we hold?
Participants, Guardians and Nominees can obtain copies of some participant
information through our National Contact Centre (NCC). For more
information about what’s available through the NCC, please contact 1800
800 110.
Please visit our [1]Access to Information webpage to find out more about
accessing information through:
* The [2]Participant Information Access (PIA) scheme
* The [3]Information Publication Scheme (IPS)
* The [4]myplace portal for participants
* The [5]myplace portal for providers
Access to Data
You can also request data and statistics. Please visit our [6]Data and
insights webpage page for further information.
If you are able to obtain your information from a source listed above, you
can withdraw your FOI request by emailing [7][email address]
Further Information
Information about how to make an FOI request can be found on our website:
[8]Freedom of Information
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]ndis.gov.au.
Alternatively, you can also contact us by phoning 1800 800 110.
Kind regards
Freedom of Information Team
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [11][email address]
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
References
Visible links
1. https://www.ndis.gov.au/about-us/policie...
2. https://www.ndis.gov.au/about-us/policie...
3. https://www.ndis.gov.au/about-us/policie...
4. https://www.ndis.gov.au/participants/usi...
5. https://www.ndis.gov.au/providers/workin...
6. https://data.ndis.gov.au/
7. mailto:[email address]
8. https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
10. https://www.ndis.gov.au/
11. mailto:[email address]
Dear Emily Lacey
OAIC reference: MR25/00038; Agency reference: FOI 24/25-0317
Thank you for your email. We act for the National Disability Insurance
Agency (NDIA) in relation to IC review matter MR25/00038 regarding your
attached request made under the Freedom of Information Act 1982 (FOI Act).
Please direct all correspondence to the NDIA in relation to this review to
us at [1][email address].
The NDIA confirms that it is currently in the process of preparing a
decision under s 55G of the FOI Act, which the NDIA anticipates will
result in the disclosure of parts of the documents within scope to you. We
confirm we have notified OAIC of this, and that the NDIA is committed to
provide this decision to you and to OAIC as promptly as possible.
Please find attached the Agency's preliminary submissions in respect of
the application of s 47E(d) to parts of the documents.
We note that:
o on 12 May 2025 we attempted to email the submissions to you on the
email address noted in your FOI request
([2][email address]), but received a
message that the email address was no longer operating;
o on 13 May 2025 we attempted to email the submissions to you on
[3][FOI #12703 email], but received a
bounce-back notification;
o on that same day, we emailed OAIC to ask whether they have a different
contact email for you.
Kind regards
Tal
Tal Aviram
Senior Associate
Clayton Utz
Level 10, NewActon Nishi, 2 Phillip Law Street, Canberra ACT 2601
Australia | +612 6279 4031 | +61 434 651 070 | [4][email address] |
[5]claytonutz.com
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
Good afternoon, Emily
I apologise for the delay in responding to your update request. I had written to the respondent to request they re-send their submissions to the 'Right to Know' email address you provided with your IC review application. It appears the respondent has now provided you with a copy of its submissions, as evidenced on your RTK webpage. Can you please confirm you have received these?
Kind regards
Rachel McCormack
Assistant Director | Early Resolution
FOI Case Management Branch
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
1300 363 992 | [email address]
|
|
|
Subscribe to OAICnet newsletter
The OAIC has revised its IC review procedure directions from 1 July 2024. For more information, including new resources to assist applicants and respondents, see our webpage: Information Commissioner reviews.
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
Subscribe to Information Matters
Dear Rachel,
No worries, thank you. I have now received a copy of the NDIA’s “Preliminary Submissions” from Tal Aviram, dated 2 May 2025.
Are you able to please confirm what the Information Commissioner requires me to do now, and by what date my response is expected? I’m unsure whether I should be waiting for the NDIA’s s55G decision or further submissions if these are labeled as “preliminary”.
I apologise for the technical issues and any inconvenience it’s caused. I’ve notified the administrators at Right To Know. Hopefully they are able to resolve it and it won’t happen again, but if it appears I’m not receiving replies in the future, you can check whether the email can be found on the RTK website at this link: https://www.righttoknow.org.au/request/a... — anything that can’t be seen there I won’t have received.
Thank you again for your help.
Kind regards,
Emily Lacey
Dear Tal,
Thank you for sending that through now.
My apologies about the technical issues and any inconvenience it’s caused. I notified the administrators of the Right To Know website and I believe Ben Fairless has sent you an email to try and get things worked out.
Hopefully it won’t happen again, but if it appears I’m not receiving replies in the future, you can check whether the email can be found on the RTK website at this link: https://www.righttoknow.org.au/request/a... — anything that can’t be seen there I won’t have received.
I have let the OAIC know that I now have a copy of the agency’s preliminary submissions, and I have asked the OAIC to clarify what they need me to do next. (https://www.righttoknow.org.au/request/a...)
Kind regards,
Emily Lacey
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
Good afternoon, Emily
Thank you for your email.
Given the agency has indicated an intention to issue a s 55G revised decision, we will not require you to provide further submissions at this stage; however, it is open to you to provide any comments in response to the agency's preliminary submission, directly to the agency and copying the OAIC into the correspondence.
Should the agency issue a s 55G revised decision, you will be provided an opportunity to advise whether you wish to continue with the IC review and outline the grounds on which you wish to proceed.
Kind regards
Rachel McCormack
Assistant Director | Early Resolution
FOI Case Management Branch
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
1300 363 992 | [email address]
|
|
|
Subscribe to OAICnet newsletter
The OAIC has revised its IC review procedure directions from 1 July 2024. For more information, including new resources to assist applicants and respondents, see our webpage: Information Commissioner reviews.
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
Subscribe to Information Matters
Dear Rachel,
Thank you. Based on the agency’s preliminary submissions I feel it’s unlikely their decision will be satisfactory, but it’s difficult to determine that with any certainty until they provide them. I’ll hold off on making any further response until then.
I hope you have a good week.
Many thanks,
Emily Lacey
Dear Tal Aviram,
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
I hope this emails finds you well.
The submissions that you made on 2 May 2025 stated that the Agency were in the process of reissuing the documents under s55G. Can you please provide an update on when the Agency expect this will be completed and shared with me?
I understand the Agency requested their second extension until 22 May 2025 to do that, which was denied by the OAIC, and regardless, that date passed 3 weeks ago now.
If you or the Agency believe that the s55G decision has been sent to me already, please check that the response is visible on the Right To Know website to confirm there hasn't been another technical issue that requires your attention–
OAIC review email thread: https://www.righttoknow.org.au/request/a...
Original FOI request email thread: https://www.righttoknow.org.au/request/a...
Kind regards,
Emily Lacey
Dear Emily
Thank you for your emails. We confirm that we have not yet sent you the
Agency's s 55G decision. The work on this decision is well-advanced and we
will provide it to you in due course.
In relation to our previous attempts to email you, we have checked our
previous emails and confirm that when we attempted to email you on 13 May
2025 at [1][FOI #12703 email], it appears that
we have inadvertently left out part of that email address. We apologise
for this error on our part and for the delay this has caused in providing
you with the Agency's preliminary submissions.
Kind regards
Tal
Tal Aviram
Senior Associate
Clayton Utz
Level 10, NewActon Nishi, 2 Phillip Law Street, Canberra ACT 2601
Australia | +612 6279 4031 | +61 434 651 070 | [2][email address] |
[3]claytonutz.com
From: Emily Lacey <[FOI #12703 email]>
Sent: Tuesday, 10 June 2025 11:11 PM
To: Tal Aviram <[email address]>
Subject: Re: OAIC – MR25/00038 - Notice of Information Commissioner review
– Agency reference FOI 24/25-0317 [CU-L.FID4303119]
External Email
Dear Tal Aviram,
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
I hope this emails finds you well.
The submissions that you made on 2 May 2025 stated that the Agency were in
the process of reissuing the documents under s55G. Can you please provide
an update on when the Agency expect this will be completed and shared with
me?
I understand the Agency requested their second extension until 22 May 2025
to do that, which was denied by the OAIC, and regardless, that date passed
3 weeks ago now.
If you or the Agency believe that the s55G decision has been sent to me
already, please check that the response is visible on the Right To Know
website to confirm there hasn't been another technical issue that requires
your attention–
OAIC review email thread:
[4]https://www.righttoknow.org.au/request/a...
Original FOI request email thread:
[5]https://www.righttoknow.org.au/request/a...
Kind regards,
Emily Lacey
Dear Tal Aviram,
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
Are you able to please share how much longer the Agency will need to complete the s55g decision?
I would have thought "in due course" has long passed, noting that it has now been almost 8 weeks since the OAIC required this decision to be made and a whole month after the Agency's extension would have expired, if their request had been accepted by the OAIC.
If the Agency can't share a date that it will be completed by, please let me know and I'll loop the OAIC back into the conversation and request their assistance with resolving the issue.
Kind regards,
Emily Lacey
Dear Tal Aviram,
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
Please contact me to acknowledge that you have received my email sent 23 June 2025, and confirm that I am still currently waiting for the Agency to provide their overdue s55G decision.
If you have already done this, please check that the response is visible on the Right To Know website to be sure there is no technical issue that requires your attention–
OAIC review email thread: https://www.righttoknow.org.au/request/a...
Original FOI request email thread: https://www.righttoknow.org.au/request/a...
Kind regards,
Emily Lacey
Dear Emily
Thank you for your emails. I confirm receipt of both emails, and apologise
for the time it has taken us to respond.
The Agency is in the process of finalising the s 55G decision, and
currently anticipates to provide it to you and to OAIC by Friday 11 July
2025.
Kind regards
Tal Aviram
Senior Associate
Clayton Utz
Level 10, NewActon Nishi, 2 Phillip Law Street, Canberra ACT 2601
Australia | +612 6279 4031 | +61 434 651 070 | [1][email address] |
[2]claytonutz.com
From: Emily Lacey <[FOI #12703 email]>
Sent: Tuesday, 1 July 2025 12:33 AM
To: Tal Aviram <[email address]>
Subject: RE: OAIC – MR25/00038 - Notice of Information Commissioner review
– Agency reference FOI 24/25-0317 [CU-L.FID4303119]
External Email
Dear Tal Aviram,
OAIC reference: MR25/00038
Agency reference: FOI 24/25-0317
Please contact me to acknowledge that you have received my email sent 23
June 2025, and confirm that I am still currently waiting for the Agency to
provide their overdue s55G decision.
If you have already done this, please check that the response is visible
on the Right To Know website to be sure there is no technical issue that
requires your attention–
OAIC review email thread:
[3]https://www.righttoknow.org.au/request/a...
Original FOI request email thread:
[4]https://www.righttoknow.org.au/request/a...
Kind regards,
Emily Lacey
Dear Emily Lacey
MR25/00038 – Further time required to make s55G decision
We refer to our correspondence dated 16 May, where we indicated that the
Respondent is in the process of preparing a s 55G decision in respect of
your FOI request.
We write to indicate that, as a result of some further deliberation
required in relation to the documents proposed to be disclosed to you, our
client requires further time to finalise the s 55G decision. We anticipate
being in a position to provide you and the Information Commissioner with
the decision by no later than Friday, 18 July 2025. Please feel free to
contact me on the details below if you have any questions.
Kind regards
Ingmar
Ingmar Duldig (he/him)
Senior Associate
Clayton Utz
Level 10, NewActon Nishi, 2 Phillip Law Street, Canberra ACT 2601
Australia | +612 6279 3501 | +61 434 605 221 | [1][email address] |
[2]claytonutz.com
I acknowledge the Traditional Custodians of the land on which we work and
their continuing connections to land, waters and community.
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Dear OAIC,
On 12 June 2025 the Respondent’s lawyer, Tal Aviram, informed me that the Agency anticipated they would provide their 55G decision by 11 July 2025 (https://www.righttoknow.org.au/request/a...).
They have failed to do this, and instead I’ve received an email from the Respondent’s lawyer, Ingmar Duldig, stating that they now anticipate the 55G decision will be ready on 18 July 2025 (https://www.righttoknow.org.au/request/a...).
The Agency have been saying they are in the process of making a 55G decision since their “preliminary submission” on 2 May 2025, now 71 days ago. That submission also failed to provide all of the documents and information that was required by the 54Z notice issued on 6 February 2025, despite the Agency receiving two extensions of time. This new deadline of 18 July 2025 will be the 6th deadline in this matter; the first being 20 March 2025, now 114 days ago.
Due to the Agency’s history of delays in this matter, I respectfully request that if the 55G decision is not provided before COB 18 July 2025, that the Information Commissioner may again consider the possibility of issuing a notice under s 55R of the FOI, to compel the Agency to produce the documents and information outlined in the 6 February 2025 notice. This potential consequence was mentioned by Assistant Director Rachel McCormack in her email dated 16 April 2025.
I certainly hope that the Respondent do provide the 55G decision by next Friday, but I’m not confident they will follow through on any promises they make unless they are held accountable for their actions. I have notified them of my request to you.
Many thanks,
Emily Lacey
Dear Ingmar Duldig,
The Agency was ordered by the OAIC to provide their submission on the matter by 20 March 2025.
The Agency requested and was granted an extension by the OAIC until 3 April 2025 to provide their submission.
The Agency failed to meet the 3 April deadline, and on 15 April requested another extension until 22 May 2025.
The Agency were denied the extension and ordered by the OAIC to provide their submission by the new date 2 May 2025.
On 2 May 2025, the Agency provided a “preliminary submission” (not a proper submission) stating they were now “in the process of making a decision pursuant to section 55G of the FOI Act”.
On 12 June 2025, Tal Aviram stated that “The work on this decision is well-advanced”.
On 4 July 2025, Tal Aviram stated that the Agency anticipated completing the 55G by 11 July 2025.
And now on July 11 2025, you are telling me that the Agency still “requires further time to finalise the s 55G decision”, and that they again “anticipate” being able to provide the 55G decision on 18 July 2025.
Should I also “anticipate” that the Agency will fail to meet this deadline, as this is now the 6th deadline they’ve had in this matter? It has been 114 days since the first deadline of 20 March 2025.
Due to this history, I have now requested that if the 55G decision is not provided before COB 18 July 2025, that the Information Commissioner issue a notice under s 55R of the FOI to compel the Agency to produce the documents and information outlined in the 6 February 2025 notice.
I look forward to hearing from you again, hopefully before COB on Friday,
Kind regards,
Emily Lacey
Our reference: MR25/00038
Agency reference: FOI 24/25-0317
Emily Lacey
By email: [FOI #12703 email]
Emily Lacey's IC Review Application about the National Disability
Insurance Agency
Good morning ,
On 6 January 2025, you requested an Information Commissioner (IC) review
of the FOI decision made by the National Disability Insurance Agency (the
respondent).
The respondent has notified the Office of the Australian Information
Commissioner (OAIC) it made a revised decision on 18 July 2025.
Action required by you before 13 August 2025:
1. If you no longer require an IC review, please reply to this email
stating “I no longer require an IC review”.
2. If you wish to proceed with your IC review application, you must
tell us which parts of the decision you disagree with and why, including:
· which documents you consider were not provided or should have
been provided, or
· which exemptions you consider should not have been applied.
Intention not to continue to undertake the IC review
The Commissioner’s written [1]direction to IC review applicants requires
that:
· where an applicant wishes to proceed with a review of a revised
decision, they must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review [2.25], and
· applicants must respond to enquiries from the OAIC within the
period provided unless there are circumstances warranting a longer period
to respond [2.22].
Section 54W(c) of the Freedom of Information Act 1982 provides that the IC
may decide not to continue to undertake a review where an applicant fails
to comply with a direction of the IC.
As such, if we do not hear from you by 13 August 2025, we intend to
exercise the discretion to finalise your IC review application.
Assistance
If you are unable to respond by 13 August 2025, please respond to this
email and request an extension of time to provide your response.
If you require an interpreter, please call the Translating and
Interpreting Service on 131 450, and ask for help speaking with the OAIC.
Alternatively, you may wish to be supported by a person of your choosing
anytime throughout this process.
If you require assistance regarding this email, please contact us at
[2][email address].
Please quote the reference MR25/00038 in all correspondence.
Kind regards,
[3][IMG] Sarim Hashmi
Casework Support Officer
FOI Case Management
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P (02) 1300 363 992 E [4][email address]
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Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
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Dear OAIC - FOI DR,
I wish to proceed with the IC review of FOI 24/25-0317.
1. ‘Advice Support Tool: Continence’ (DOCUMENT 9) and ‘Advice Support Tool: (Exercise Physiology) – Funding Exercise Physiology Testing’ (DOCUMENT 59) were both provided as partial access in the FOI 24/25-0317 s 55G decision.
But these documents were previously released in full under FOI 23/24-1328 (as DOCUMENT 8 and DOCUMENT 7 respectively).
Both should be released in full again, as part of this request, as they are already publicly available and thus any conditional exemption can no longer reasonably apply.
2. Additionally, by comparing the two documents provided in full with the corresponding partial access documents provided in this request, we are able to see the type of information the Respondent is claiming should be exempt under s 47E(d).
Documents as released in full – see page 40 to 52: https://www.righttoknow.org.au/request/1...
Based on what is revealed there, I do not agree that the of the information claimed as exempt in the Advice Support Tool documents is significant enough in nature to meaningfully contribute to any person’s ability to defraud the National Disability Insurance Scheme, as stated by the Respondent – and certainly not to the extent that the purported risk would outweigh the public interest factors in favour of disclosure in this case.
If “NDIS providers, NDIS participants, and participants' treating practitioners, [knowing] how a technical expert is likely to assess particular evidence and information so as to determine whether relevant statutory criteria are satisfied, and the kind of evidence and submissions that is likely to ensure that particular requested supports are then recommended by the expert to be approved, both generally and in particular circumstances and by reference to the specific examples […]” was capable of causing substantial harm to the NDIS (as stated by the Respondent), then decisions published by the Administrative Review Tribunal would need to be withheld in the public interest, as they also routinely contain the agency’s internal decision-making criteria and rational at the same level of detail (if not greater) as part of the tribunal member presenting both parties’ positions in the case.
3. It is well known that, unfortunately, the National Disability Insurance Agency frequently makes participant funding decisions that are insufficiently substantiated and do not align with the NDIS legislation, legislative rules and public operational guidelines regarding 'reasonable and necessary supports'.
And now we can see that this issues extends into the agency's internal guidelines as well — as the advice contained in the Advice Support Tool documents is also routinely ignored by NDIA decision-making delegates.
I believe this fact is playing a considerable part in the Respondent’s motivations for keeping the Advice Support Tool documents out of the public eye, as they attempt to avoid any further scrutiny by advocates, the disability community and the media regarding the agency's inconsistent and unlawful decision making practices.
I respectfully request that the Information Commissioner continues with the IC review of FOI 24/25-0317, on the basis that I believe there is sufficient reason to think that the redacted information contained in the Advice Support Tools is either:
- Not genuinely conditionally exempt under s47E(d), because it is already known, or its release would not have a have a substantial adverse effect on the proper and efficient conduct of the operations of an agency; or
- Its disclosure would not be, on balance, in contrary to the public interest.
Thank you for your ongoing consideration of this matter.
Kind regards,
Emily Lacey