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Freedom Of Information Disclosure Log

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Dear National Disability Insurance Agency,

Dear FOI Department,

It has been noticed there are documents on your Freedom Of Information Disclosure Log where you have put the most redundant text next to FOI disclosures—the equivalent of “if you would like access to these documents, please email/contact us for access”.

Any person reviewing the information on that site would of course be after the documents. This lack of access displays complete disregard of the spirit of the FOI act section 11C and thus I request, under the Freedom of Information Act 1982, copies of the following documents:

All documents as is (that is, redacted or unredacted) from all previously made decisions on your department's FOI log that are currently not available for download direct from the website.

My preferred method of delivery for this information is for it to be placed on your department's Freedom of Information disclosure log web page as per part A) of 11C of the FOI Act. Should this request be successful you can put a simple list of the documents that were made available from the request, or whatever is most expedient, on the log.

I apologise for my pessimism, but past FOI experiences have led me to believe this request may elicit a response similar to “this request would divert too many resources of your department to complete”. Should you be thinking this, you have nobody to blame but yourselves—your department made this metaphorical bed.

Should you be seriously considering a practical refusal, my alternative request is for any documents that your department holds relating to the decision to include text on your freedom of information disclosure log similar to "contact us for access to this document".

In addition I request the total of the number of times any member of the public has asked for access to each non-website published successful documents on the FOI disclosure log other than the original successful applicant.

I do accept there is a very remote possibility there is a “Good Reason” for these not being available, and I hope these are contained within the documents provided as I cannot foresee any.

Yours faithfully,

Renee

foi, National Disability Insurance Agency

Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.      

     

If your email relates to an FOI application made under the
Commonwealth Freedom of Information Act 1982 (FOI Act), we will respond to
you as soon as practicable.     

   

This email address is for applications under the FOI Act only. Our team is
unable to respond to non-FOI related enquiries sent to this email address.
Any correspondence received that is not related to an FOI request will not
be responded to or forwarded.    

   

Please be aware: due to a high volume of requests, our ability to respond
to you in a timely manner has been affected. However, we will action your
request as soon as possible. In addition, we are currently experiencing
delays in processing FOI requests. As a result, whilst we will endeavour
to process your matter within the [1]legislative deadlines, we may need to
ask for an extension of time. We appreciate your understanding if this is
required.   

   

The NDIA has a number of other ways to access the documents and
information that we hold. Please visit our [2]Access to
Information webpage to find out more about accessing information
through:   

o The [3]myplace portal for participants   
o The [4]myplace portal for providers   
o The [5]Participant Information Access (PIA) scheme   
o The [6]Information Publication Scheme (IPS)  

You can also request data and statistics outside of the FOI Act. Please
visit our [7]Data and insights webpage page for further information. 

Information about how to make an FOI request can be found on our
website: [8]Freedom of Information | NDIS. The FOI Act sets out the
criteria that must be met for a request to be considered. The request you
send us must:    

o be in writing    
o state that the request is an application for the purposes of the FOI
Act    
o provide enough information to allow us to identify the documents you
are requesting    
o provide an address for reply, either electronic or hard copy.     

If you have questions about making an FOI request, or to enquire about a
current FOI request, please email us with your preferred contact method
and an FOI Decision Maker will contact you.  

Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]NDIA Web Chat
(ndis.gov.au). Alternatively, you can also contact us by phoning 1800 800
110.   

Kind regards   

Freedom of Information Team  
Parliamentary, Ministerial and FOI Branch  
Government Division  
National Disability Insurance Agency  
E: [11][NDIA request email]     

 

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11. mailto:[NDIA request email]

Dear National Disability Insurance Agency,

I'm happy to grant time extension. Please let me know if you require any further information in relation to this request

Yours faithfully,

Renee

Dear National Disability Insurance Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of National Disability Insurance Agency's handling of my FOI request 'Freedom Of Information Disclosure Log'

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/f...

Yours faithfully,

Renee

foi, National Disability Insurance Agency

3 Attachments

Dear Renee

 

Thank you for your email.

 

I am writing to advise that we cannot accept your request for an internal
review of FOI 22/23-1514, as no decision has been made.

 

This request is currently subject to a request consultation process, by
which we hope to facilitate access to information.

 

Separately, I have replied to your latest correspondence in which you did
respond to the consultation notice.

 

We appreciate your understanding and assistance in finding a resolution to
this matter and look forward to working with you towards a positive
outcome.

 

Kind regards

 

Jade

Senior Freedom of Information Officer

Parliamentary, Ministerial & FOI Branch

Government Division

National Disability Insurance Agency

E [1][NDIA request email]

[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.

[4]Aboriginal and Torres Strait Islander flags graphic

 

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Dear Jade and the FOI Team at the National Disability Insurance Agency,

I am writing to follow up on my previous Freedom of Information requests, specifically identified by the code FOI 22/23-1514. I initially contacted you via email on September 9th and again on September 30th under the name Gemma, but have not received a response to either.

Given the public interest in the matters I have requested, and in the interest of transparency and accountability, I have decided to continue our correspondence on this public platform, righttoknow.org.au. I kindly request that all future communications and the release of the approved documents be conducted here.

As previously stated in my email correspondence, I am interested in receiving the next batch of 5 decisions, starting with the most recent and working backward in time. These should be decisions that are not yet available for direct download on the NDIS disclosure log.

Additionally, I would like to request that the release of these documents be automated on a weekly basis. Given that it's only five documents at a time, I believe this is a reasonable and manageable request. Automating this process would not only be more efficient but would also ensure consistent compliance with FOI obligations.

I would like to remind you of your obligations under the Freedom of Information Act to provide this information in a timely manner. Please confirm receipt of this request, indicate whether the automated releases can be arranged, and provide a timeframe for when I can expect the documents to be posted here.

The documents in question are part of a series, the first of which was titled "Notification of Decision [Part 1 of 7] - Decision 1 - FOI 16/17-021." I am seeking the subsequent parts in accordance with the details provided above.

Thank you for your attention to this matter. I look forward to your prompt response.

Best regards,
Renee (Alias for Gemma)

Dear National Disability Insurance Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of National Disability Insurance Agency's handling of my FOI request 'Freedom Of Information Disclosure Log'.

I am being blatantly ignored and it's not good enough

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/f...

Yours faithfully,

Renee

foi, National Disability Insurance Agency

Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
Reduced Activity Period
The NDIA have a Reduced Activity Period from Saturday 23 December 2023 to
Monday 1 January 2024.
Therefore, any enquiries received between these dates will be responded to
after Tuesday 2 January 2024.

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][NDIA request email]

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  
Parliamentary, Ministerial and FOI Branch  
Government Division  
National Disability Insurance Agency  
E: [NDIA request email]    

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7. mailto:[NDIA request email]
mailto:[NDIA request email]
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9. mailto:[email address]
mailto:[email address]
10. https://www.ndis.gov.au/
https://www.ndis.gov.au/

foi, National Disability Insurance Agency

3 Attachments

Dear Renee,
Thank you for your email below.
I sincerely apologise for the delay in processing your matter.
Your matter has been assigned to me and I have reviewed the previous
correspondence, including your original FOI request (FOI 22/23-1514).

I can see that you came to an agreement with Jade, the decision maker of
the original request, that documents from the disclosure log would be
administratively released to you, 5 matters at a time.
It was agreed that you would email [1][NDIA request email] when you were ready
for the next batch of 5 documents to be sent.  

After looking into your matter, I have identified the following key
correspondence:

o On 27 July 2023, the original decision was sent to you under the
reference number FOI 22/23-1514, along with the first 5 bundles of
documents
o On 9 September 2023, we received an email from you requesting the next
5 bundles of documents
o This second batch of documents was released to you on 13 October 2023
o On 18 December 2023 we received the below email requesting an internal
review.

 

I have not been able to locate any emails from you indicating you were
ready to receive the next batch of documents between the dates of 13
October 2023 (the last release of documents) and 18 December 2023 (the
date of the internal review request).

 

From your email below, it seems that you are unhappy with a lack of
communication, rather than the decision made in the original FOI matter
(FOI 22/23-1514).
For an internal review request to be valid, it must be seeking a review of
a previous FOI decision.

As you do not seem to have an FOI decision which you wish to be reviewed,
I think it may be more suitable to organise an administrative release of
the next 5 decisions rather than conduct an internal review.
If you agree, we can withdraw this internal review request and begin
preparing the next 5 matters from the disclosure log to be released to
you.

If you would like me to proceed with preparing the next 5 matters from the
disclosure log for administrative release, please let me know by return
email by 6 March 2024.

 

I have also identified that the original decision was made outside of the
legislative timeframes and classed as a “deemed” decision.

Information provided to you about your rights to seek an internal review
directly with the agency were incorrect.  I sincerely apologise for this
error in advice given.

If you wish to seek a review on the FOI decision made under reference
number FOI 22/23-1514, you will need to lodge a review directly with the
Office of the Australian Information Commissioner at [2]Information
Commissioner Review Application form (business.gov.au).

 

Kind regards

 

Misty
Assistant Director FOI

Complaints Management & FOI Branch

General Counsel Division

National Disability Insurance Agency

E: [3]foi @ndis.gov.au

 

[4]Title: NDIS delivered by the National Disability Insurance Agency

[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

 

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We don't know whether the most recent response to this request contains information or not – if you are Renee please sign in and let everyone know.