Guidelines for Communicating with Clients

Phillip Sweeney made this Freedom of Information request to National Disability Insurance Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by National Disability Insurance Agency.

Phillip Sweeney

Dear National Disability Insurance Agency,

The Freedom of Information Act 1982 (Cth) in Section 15 has guidelines for communicating with Applicants and sets time limits for responding to requests for information.

The document(s) I seek are any similar legislated or operational guidelines for NDIA when dealing with clients seeking a change of plan or other information from NDIA.

That is where clients of NDIA are seeking resources they rely on or general information whereas someone lodging an FOI request to NDIA is merely seeking documents.

Yours faithfully,

Phillip Sweeney

foi, National Disability Insurance Agency

Thank you for contacting the Freedom of Information (FOI) Team of the
National Disability Insurance Agency (NDIA).

 

Your email, should it be a request for access to documents under the
Freedom of Information Act 1982 (Cth) or to your personal information
under the Privacy Act 1988 (Cth), will be actioned as a matter of course
by the NDIA’s FOI Team.

 

If your email is for any other type of enquiry, you should direct it to
[1][email address] as it will not be actioned from this inbox.

 

GENERAL INFORMATION

If you are seeking general information about FOI, you may find the
following websites useful:

[2]https://www.ndis.gov.au/about-us/access-...

 

[3]http://www.oaic.gov.au/freedom-of-inform...

 

 

REQUESTS OUTSIDE OFFICE HOURS

Please note that if this message has been received outside our business
hours of 9am to 5pm (Eastern Standard Time), Monday to Friday or on
a public holiday, your request will be actioned on the next business day.

 

Please note if your correspondence is of an urgent nature you may like to
contact the National Contact Centre on 1800 800 110.

 

Kind regards

 

NDIA FOI Team
Email: [4][email address]  

 

 

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References

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foi, National Disability Insurance Agency

1 Attachment

Our reference: FOI 19/20-0412

 

Dear Mr Sweeney

 

Thank you for your email of 11 October 2019, in which you requested access
under the Freedom of Information Act (FOI Act) to documents held by the
National Disability Insurance Agency (NDIA).

 

The purpose of this email is to assist you in clarifying the scope of your
request.

 

You have requested access to legislative or operational guidelines,
including timeframes, for dealing with for National Disability Insurance
Scheme (NDIS) participants wishing to request information or change their
plan.  You noted that:

 

“The Freedom of Information Act 1982 (Cth) in Section 15 has guidelines
for communicating with Applicants and sets time limits for responding to
requests for information.”

 

and you asked for access to:

 

“The document(s) I seek are any similar legislated or operational
guidelines for NDIA when dealing with clients seeking a change of plan or
other information from NDIA. That is where clients of NDIA are seeking
resources they rely on or general information whereas someone lodging an
FOI request to NDIA is merely seeking documents.”

 

The NDIA publishes a lot of guidance on its website to assist
participants. For example, we publish information in the form of
Operational Guidelines at: 

 

[1]https://www.ndis.gov.au/about-us/operati...

 

Requests for information

 

Participants are able to request access to certain information, including
the personal information the NDIA holds about them, without the need for a
request under the FOI Act.  There are no prescribed timeframes for these
requests, however, we endeavour to provide responses to these requests
within the 15 days. Further information about how we deal with information
is available in our ‘Information Handling Operational Guideline’ at:

 

[2]https://www.ndis.gov.au/about-us/operati...

 

 

Reviewing and changing a participant’s plan

 

The National Disability Insurance Scheme Act 2013 (NDIS Act) provides that
a participant’s plan cannot be varied or amended but it can be replaced
(section 37(2)). 

 

The details of how a new plan can be created is available in our ‘Planning
Operational Guideline’ at:

 

[3]https://www.ndis.gov.au/about-us/operati...

 

 

If this information is what you are seeking, you may like to withdraw your
FOI request. If you do not want to withdraw your request, please provide
us with more information to allow us to identify the additional documents
that you would like to access.

 

Kind regards

 

 

FOI Team
Freedom of Information & Privacy Section

Governance, Legal and Compensation Branch

National Disability Insurance Agency

Email: [4][NDIA request email]

 

[5]NDIA

 

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References

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1. https://www.ndis.gov.au/about-us/operati...
2. https://www.ndis.gov.au/about-us/operati...
3. https://www.ndis.gov.au/about-us/operati...
4. mailto:[NDIA request email]

Phillip Sweeney

Dear foi,

"You have requested access to legislative or operational guidelines,
including timeframes, for dealing with for National Disability Insurance
Scheme (NDIS) participants wishing to request information or change their
plan."

There have been many complaints from NDIA clients of the length of time it takes to receive a response from NDIA for a change of plan request of for general information that is not information already on their file.

Therefore this request is for any document(s) that stipulate timeframes to resolve both simple and more complex requests whether legislated (such as in the case for FOI requests as an example) or in administrative policy manuals.

Yours sincerely,

Phillip Sweeney

foi, National Disability Insurance Agency

Thank you for contacting the Freedom of Information (FOI) Team of the
National Disability Insurance Agency (NDIA).

 

Your email, should it be a request for access to documents under the
Freedom of Information Act 1982 (Cth) or to your personal information
under the Privacy Act 1988 (Cth), will be actioned as a matter of course
by the NDIA’s FOI Team.

 

If your email is for any other type of enquiry, you should direct it to
[1][email address] as it will not be actioned from this inbox.

 

GENERAL INFORMATION

If you are seeking general information about FOI, you may find the
following websites useful:

[2]https://www.ndis.gov.au/about-us/access-...

 

[3]http://www.oaic.gov.au/freedom-of-inform...

 

 

REQUESTS OUTSIDE OFFICE HOURS

Please note that if this message has been received outside our business
hours of 9am to 5pm (Eastern Standard Time), Monday to Friday or on
a public holiday, your request will be actioned on the next business day.

 

Please note if your correspondence is of an urgent nature you may like to
contact the National Contact Centre on 1800 800 110.

 

Kind regards

 

NDIA FOI Team
Email: [4][email address]  

 

 

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References

Visible links
1. mailto:[email address]
2. https://nam02.safelinks.protection.outlo...
3. https://nam02.safelinks.protection.outlo...
4. mailto:[email address]

foi, National Disability Insurance Agency

2 Attachments

Our reference: FOI 19/20-0412

 

Dear Mr Sweeney

 

Please find attached correspondence in relation to your request for
information.

 

Please advise me if you require the attached to be provided to you in an
alternative format.

 

Pursuant to the statutory timeframes for processing FOI requests, the
Agency will be in contact with you on or before 11 November 2019.

 

Please do not hesitate to send an email to [1][NDIA request email] if you have
any questions.

 

Kind regards,

 

FOI Team

Freedom of Information & Privacy Section

Governance, Legal and Compensation Branch

National Disability Insurance Agency

Email: [2][NDIA request email]

 

[3]NDIA

 

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References

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1. mailto:[NDIA request email]
2. mailto:[NDIA request email]

Phillip Sweeney

Dear foi,

Yes I agree.

I am not seeking to name and shame.

If there are guidelines then this will be a starting point.

If there are no guidelines then I am sure Bill Shorten would be able to provide valuable input into developing these from his recent national speaking engagements - one of which I attended.

Yours sincerely,

Phillip Sweeney

foi, National Disability Insurance Agency

Thank you for contacting the Freedom of Information (FOI) Team of the
National Disability Insurance Agency (NDIA).

 

Your email, should it be a request for access to documents under the
Freedom of Information Act 1982 (Cth) or to your personal information
under the Privacy Act 1988 (Cth), will be actioned as a matter of course
by the NDIA’s FOI Team.

 

If your email is for any other type of enquiry, you should direct it to
[1][email address] as it will not be actioned from this inbox.

 

GENERAL INFORMATION

If you are seeking general information about FOI, you may find the
following websites useful:

[2]https://www.ndis.gov.au/about-us/access-...

 

[3]http://www.oaic.gov.au/freedom-of-inform...

 

 

REQUESTS OUTSIDE OFFICE HOURS

Please note that if this message has been received outside our business
hours of 9am to 5pm (Eastern Standard Time), Monday to Friday or on
a public holiday, your request will be actioned on the next business day.

 

Please note if your correspondence is of an urgent nature you may like to
contact the National Contact Centre on 1800 800 110.

 

Kind regards

 

NDIA FOI Team
Email: [4][email address]  

 

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. https://nam02.safelinks.protection.outlo...
3. https://nam02.safelinks.protection.outlo...
4. mailto:[email address]

foi, National Disability Insurance Agency

1 Attachment

Our reference: FOI 19/20-0412

Dear Mr Sweeney

I refer to your email of 11 October 2019 to the Freedom of Information
(FOI) Team, in which you requested access under the Freedom of Information
Act 1982 (FOI Act) to documents held by the National Disability Insurance
Agency (NDIA).

Given the time taken to consult with you in relation to this matter, the
Agency is still conducting searches for documents that will fulfil the
scope of your request. As such we will be unable to provide a response
by the due date of 11 November 2019.

I am writing to seek your agreement to an extension of time of seven (7)
days to process your request under section 15AA of the Freedom of
Information Act 1982.

 

Should you agree, the revised due date for a decision on access is close
of business, 18 November 2019. However we will endeavour to process and
provide a response before this date.

 

Next Steps

 

Could I please ask that you confirm by reply email whether you agree to
the above scope and to the extension of time as soon as possible, however
no later than COB today, 11 November 2019.

 

Should you have any queries regarding this matter, please do not hesitate
to contact [1][NDIA request email].

 

Kind regards

 

FOI Team

Freedom of Information & Privacy Section

Governance, Legal and Compensation Branch

National Disability Insurance Agency

Email: [2][NDIA request email]

 

[3]NDIA

 

 

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6 Attachments

Our reference: RQ19/02951

Agency reference: FOI 19/20-0412

Mr Phillip Sweeney

 

Sent by email: [1][FOI #5703 email]

Extension of time under s 15AB

Dear Mr Sweeney

Please find attached correspondence in relation to the processing of your
FOI request.

Kind regards

[2]O A I C logo   Adie Chang  |  Assistant Review
and Investigation Adviser
(Legal)

Freedom of Information Dispute
Resolution

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

+61 2 9284 9686  |  
[4][email address]
[8]Subscribe [9]Subscribe to
[5]Facebook | [6]LinkedIn | [7]Twitter |   icon Information
Matters

 

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foi, National Disability Insurance Agency

2 Attachments

Dear Mr Sweeney

 

Our reference: FOI 19/20-0412

 

Please find attached correspondence in relation to your request for
information.

 

Please notify the FOI team if you require the attached in an alternative
format.

 

Further information

 

The Australian Government has promised to develop an NDIS Participant
Service Guarantee to support positive participant experiences with the
National Disability Insurance Scheme.

 

The Guarantee will set new standards for the time it takes for key steps
in the NDIS process. This means there will be shorter, agreed timeframes
for people to receive a decision on whether they will be covered by the
NDIS, for them to get an NDIS plan and to have their plan reviewed. A
particular focus will be on children and those participants needing
specialist disability accommodation and assistive technology.

 

The new Guarantee will be in place from 1 July 2020.

 

More information about the new Participant Service Guarantee can be found
here:
[1]https://www.dss.gov.au/disability-and-ca...

 

Kind regards

 

FOI Team

Legal Services Branch
Governance, Legal and Compensation

National Disability Insurance Agency

 

Email [2][NDIA request email]

 

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

 

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