NDIA compliance with ensuring ART proceedings are “accessible and responsive to the diverse needs of” NDIS participants
Dear National Disability Insurance Agency,
Section 9 of the ART Act defined the new Tribunal’s objective as providing an independent mechanism of review that, among other things, “is accessible and responsive to the diverse needs of parties to proceedings.”
Section 51 provides that “As far as practicable, the Tribunal must conduct each proceeding in the Tribunal in a way that is accessible for the parties to the proceeding, taking into account the needs of the parties.”
The ART Act definition deems this obligation met when people can “participate effectively in proceedings in the Tribunal.”
As a disability agency, the NDIA is privy to a great deal of information about the barriers participants face.
By law, the NDIA “must use their best endeavours to assist the Tribunal to: ...achieve the objective in section 9.”
This therefore imposes a statutory obligation on the NDIA to not only ensure participants are not disadvantaged by their disabilities in presenting their cases, but to proactively assist the Tribunal in understanding the full extent of accessibility barriers.
By association, this would seem to extend to ensuring the NDIA’s legal representatives are not only equipped to support these accessibility needs and adapt their approaches to legal process accordingly, but are also accountable for doing so.
As such, I am seeking all documents relating to the NDIA’s approach to complying with these statutory obligations and ensuring external legal practitioners do the same, for the purposes of the FOI Act.
These documents may include but are not limited to:
1. All training materials for internal or external legal teams and/or case managers which address topics related to disability awareness, accessibility, discrimination, or reasonable adjustments
2. Ethical standards expected of external legal representatives and barristers (whether engaged directly or by external solicitors)
3. All documents relating to NDIA policy and posture on adjustments requested by participants for any stage of ART proceedings (whether self-represented or legally represented)
4. Any unpublished advice or feedback from the Independent Expert Review trial regarding participant accessibility needs and reasonable adjustments
5. Any related directives from the Board, CEO or Deputy CEO
6. Any standard operating procedures, checklists, or other process guidance for ensuring these obligations are met and appropriately documented
7. Any documentation relating to accountability and reporting mechanisms
8. Any briefings prepared for the CEO, Board, or Minister which references the NDIA’s compliance with the ART’s accessibility objective
9. Any documents relating to the NDIA’s preparation to comply with the expanded accessibility requirement upon commencement of the ART
10. Any guidance documents relating to adjustments potentially required for participants with different disabilities to participate effectively in proceedings
Please include any documents which have not yet been updated to reflect the transition from the AAT to the ART, and any documents still in draft form.
I appreciate this is a complex and voluminous request, and in other circumstances, would likely attract a practical refusal. However, another of the objectives at Section 9 of the ART Act is to maintain public trust.
As such, while this may require substantial diversion of resources, I believe this is entirely reasonable in the context of the NDIA’s $50mil+ expenditure on legal services for Tribunal matters and the unprecedented backlog of cases which may be more efficiently – and economically – resolved by ensuring the NDIA is accountable for its compliance with upholding and facilitating the accessibility objective, across the diverse needs of the thousands of participants seeking external review.
Yours faithfully,
Accessibility Anonymous
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][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
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [11][NDIA request email]
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.
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8. https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
10. https://www.ndis.gov.au/
11. mailto:[NDIA request email]
Dear Accessibility Anonymous,
Freedom of Information Request: Acknowledgement & Extension of Time
Request
Thank you for your request of 28 May 2025, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
"...As such, I am seeking all documents relating to the NDIA’s approach to
complying with these statutory obligations and ensuring external legal
practitioners do the same, for the purposes of the FOI Act.
These documents may include but are not limited to:
1. All training materials for internal or external legal teams and/or
case managers which address topics related to disability awareness,
accessibility, discrimination, or reasonable adjustments
2. Ethical standards expected of external legal representatives and
barristers (whether engaged directly or by external solicitors)
3. All documents relating to NDIA policy and posture on adjustments
requested by participants for any stage of ART proceedings (whether
self-represented or legally represented)
4. Any unpublished advice or feedback from the Independent Expert
Review trial regarding participant accessibility needs and reasonable
adjustments
5. Any related directives from the Board, CEO or Deputy CEO
6. Any standard operating procedures, checklists, or other process
guidance for ensuring these obligations are met and appropriately
documented
7. Any documentation relating to accountability and reporting
mechanisms
8. Any briefings prepared for the CEO, Board, or Minister which
references the NDIA’s compliance with the ART’s accessibility objective
9. Any documents relating to the NDIA’s preparation to comply with the
expanded accessibility requirement upon commencement of the ART
10. Any guidance documents relating to adjustments potentially required
for participants with different disabilities to participate effectively in
proceedings
Please include any documents which have not yet been updated to reflect
the transition from the AAT to the ART, and any documents still in draft
form..."
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 29 May 2025. This 30-day
period expires on 27 June 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Extension of Time Request:
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests due to a very high volume of incoming matters. I am
therefore seeking your agreement to a 30-day extension of time under
section 15AA of the FOI Act. If you agree to this extension, the new due
date for us to decide on your request will be 27 July 2025.
Please let us know if you agree by Monday 2 June 2025.
Explanation of Extension of Time Request:
The reason I am seeking an extension of time is to ensure I preserve your
review rights under the FOI Act.
FOI applicants are normally entitled to exercise a right of internal
review if they are unsatisfied with the outcome of an FOI decision.
However, this right of review lapses if a FOI decision is not made within
the statutory timeframe. This is because if an agency doesn’t issue their
decision within the statutory timeframe, they are deemed to have refused
the request for documents. If this situation happens, it will limit your
options for formal review to only contacting the OAIC.
You are not obligated to agree to this request, you would still retain
your review rights with our regulatory body OAIC (Office of the Australian
Information Commission).
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Action Required
Can I please request a response regarding our request for a 30-day
extension of time, by Monday 2 June 2025.
Next steps
I have completed some preliminary work on your request; however, your
matter will be allocated to an authorised FOI decision-maker for any
further action. The decision-maker may need to contact you to discuss a
range of matters, including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Kind regards,
Mackenzie
Triage Officer – Triage and Early Resolution
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
[2][NDIA request email]
[3]NDIA logo
[4]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.
-----Original Message-----
From: Accessibility Anonymous
<[FOI #13233 email]>
Sent: Wednesday, 28 May 2025 2:08 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - NDIA compliance with ensuring
ART proceedings are “accessible and responsive to the diverse needs of”
NDIS participants
[You don't often get email from
[5][FOI #13233 email]. Learn why this is
important at [6]https://aka.ms/LearnAboutSenderIdentific... ]
Dear National Disability Insurance Agency,
Section 9 of the ART Act defined the new Tribunal’s objective as providing
an independent mechanism of review that, among other things, “is
accessible and responsive to the diverse needs of parties to proceedings.”
Section 51 provides that “As far as practicable, the Tribunal must conduct
each proceeding in the Tribunal in a way that is accessible for the
parties to the proceeding, taking into account the needs of the parties.”
The ART Act definition deems this obligation met when people can
“participate effectively in proceedings in the Tribunal.”
As a disability agency, the NDIA is privy to a great deal of information
about the barriers participants face.
By law, the NDIA “must use their best endeavours to assist the Tribunal
to: ...achieve the objective in section 9.”
This therefore imposes a statutory obligation on the NDIA to not only
ensure participants are not disadvantaged by their disabilities in
presenting their cases, but to proactively assist the Tribunal in
understanding the full extent of accessibility barriers.
By association, this would seem to extend to ensuring the NDIA’s legal
representatives are not only equipped to support these accessibility needs
and adapt their approaches to legal process accordingly, but are also
accountable for doing so.
As such, I am seeking all documents relating to the NDIA’s approach to
complying with these statutory obligations and ensuring external legal
practitioners do the same, for the purposes of the FOI Act.
These documents may include but are not limited to:
1. All training materials for internal or external legal teams and/or case
managers which address topics related to disability awareness,
accessibility, discrimination, or reasonable adjustments
2. Ethical standards expected of external legal representatives and
barristers (whether engaged directly or by external solicitors)
3. All documents relating to NDIA policy and posture on adjustments
requested by participants for any stage of ART proceedings (whether
self-represented or legally represented)
4. Any unpublished advice or feedback from the Independent Expert Review
trial regarding participant accessibility needs and reasonable adjustments
5. Any related directives from the Board, CEO or Deputy CEO
6. Any standard operating procedures, checklists, or other process
guidance for ensuring these obligations are met and appropriately
documented
7. Any documentation relating to accountability and reporting mechanisms
8. Any briefings prepared for the CEO, Board, or Minister which references
the NDIA’s compliance with the ART’s accessibility objective
9. Any documents relating to the NDIA’s preparation to comply with the
expanded accessibility requirement upon commencement of the ART
10. Any guidance documents relating to adjustments potentially required
for participants with different disabilities to participate effectively in
proceedings
Please include any documents which have not yet been updated to reflect
the transition from the AAT to the ART, and any documents still in draft
form.
I appreciate this is a complex and voluminous request, and in other
circumstances, would likely attract a practical refusal. However, another
of the objectives at Section 9 of the ART Act is to maintain public trust.
As such, while this may require substantial diversion of resources, I
believe this is entirely reasonable in the context of the NDIA’s $50mil+
expenditure on legal services for Tribunal matters and the unprecedented
backlog of cases which may be more efficiently – and economically –
resolved by ensuring the NDIA is accountable for its compliance with
upholding and facilitating the accessibility objective, across the diverse
needs of the thousands of participants seeking external review.
Yours faithfully,
Accessibility Anonymous
-------------------------------------------------------------------
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If you find this service useful as an FOI officer, please ask your web
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**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************
References
Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
4. https://intranet.ndiastaff.ndia.gov.au/h...
5. mailto:[FOI #13233 email]
6. https://aka.ms/LearnAboutSenderIdentific...
7. mailto:[FOI #13233 email]
8. mailto:[NDIA request email]
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Dear foi,
Thank you for reaching out so promptly. I am not opposed to an extension of time given the complex and voluminous nature of the request, but wish to propose an alternative to the current generic 30-day extensions. Noting that you only have scope for a preliminary assessment, I would be grateful if you could instead request that the FOI officer this is allocated to reaches out to me as a priority to address any clarifications or refinements, to ensure any extension is based on assessment of the work involved.
Likewise, I appreciate the team is under ongoing pressures the Agency has not yet resolved, as others have also observed. However, I would be grateful if triage gives consideration to the many participants currently navigating ART proceedings, and the public interest in timely access to information supporting their access to justice.
Yours sincerely,
Accessibility Anonymous
Dear Accessibility Anonymous
Thank you for your email below.
Your request has been allocated to me for processing.
As Mackenzie stated in her email, she carried out some preliminary
enquiries regarding your request. In response to those enquiries, the
Legal Operations team has advised that identifying and locating documents
falling within the scope of your request would involve multiple
stakeholders over numerous agency business areas, including the Ministers'
offices, the agency's CEO, the NDIS Board, external law firms, case
managers, agency employed lawyers, support teams and reporting teams.
Given there is no timeframe around your request, processing it would also
involve searching many different business systems that have been used over
the past 12 years as well as agency archives. Your request also does not
differentiate between draft or final documents.
The Legal Operations team has ventured the opinion that processing your
request in its current form would substantially and unreasonably divert
the agency's resources from its other operations. In those circumstances,
a practical refusal reason arises under section 24AA of the Freedom of
Information Act 1982. I note your request that the decision-maker reach
out to you to address clarification and refinement of your request and
that is the purpose of my email.
If you could provide me with a contact phone number and advice of some
suitable dates and times to call you, we can discuss your request.
I look forward to hearing from you.
Regards
Helen
She/Her
Assistant Director – Freedom of Information
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
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.
-----Original Message-----
From: Accessibility Anonymous
<[1][FOI #13233 email]>
Sent: 29 May 2025 16:05
To: foi <[2][NDIA request email]>
Subject: Re: FOI 24/25-2113 – Your Request for Information –
Acknowledgement & Extension of Time Request [SEC=OFFICIAL]
[You don't often get email from
[3][FOI #13233 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear foi,
Thank you for reaching out so promptly. I am not opposed to an extension
of time given the complex and voluminous nature of the request, but wish
to propose an alternative to the current generic 30-day extensions. Noting
that you only have scope for a preliminary assessment, I would be grateful
if you could instead request that the FOI officer this is allocated to
reaches out to me as a priority to address any clarifications or
refinements, to ensure any extension is based on assessment of the work
involved.
Likewise, I appreciate the team is under ongoing pressures the Agency has
not yet resolved, as others have also observed. However, I would be
grateful if triage gives consideration to the many participants currently
navigating ART proceedings, and the public interest in timely access to
information supporting their access to justice.
Yours sincerely,
Accessibility Anonymous
-----Original Message-----
Dear Accessibility Anonymous,
Freedom of Information Request: Acknowledgement & Extension of Time
Request
Thank you for your request of 28 May 2025, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
"...As such, I am seeking all documents relating to the NDIA’s approach to
complying with these statutory obligations and ensuring external legal
practitioners do the same, for the purposes of the FOI Act.
These documents may include but are not limited to:
1. All training materials for internal or external legal teams and/or
case managers which address topics related to disability awareness,
accessibility, discrimination, or reasonable adjustments
2. Ethical standards expected of external legal representatives and
barristers (whether engaged directly or by external solicitors)
3. All documents relating to NDIA policy and posture on adjustments
requested by participants for any stage of ART proceedings (whether
self-represented or legally represented)
4. Any unpublished advice or feedback from the Independent Expert
Review trial regarding participant accessibility needs and reasonable
adjustments
5. Any related directives from the Board, CEO or Deputy CEO
6. Any standard operating procedures, checklists, or other process
guidance for ensuring these obligations are met and appropriately
documented
7. Any documentation relating to accountability and reporting
mechanisms
8. Any briefings prepared for the CEO, Board, or Minister which
references the NDIA’s compliance with the ART’s accessibility objective
9. Any documents relating to the NDIA’s preparation to comply with the
expanded accessibility requirement upon commencement of the ART
10. Any guidance documents relating to adjustments potentially required
for participants with different disabilities to participate effectively in
proceedings
Please include any documents which have not yet been updated to reflect
the transition from the AAT to the ART, and any documents still in draft
form..."
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 29 May 2025. This 30-day
period expires on 27 June 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Extension of Time Request:
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests due to a very high volume of incoming matters. I am
therefore seeking your agreement to a 30-day extension of time under
section 15AA of the FOI Act. If you agree to this extension, the new due
date for us to decide on your request will be 27 July 2025.
Please let us know if you agree by Monday 2 June 2025.
Explanation of Extension of Time Request:
The reason I am seeking an extension of time is to ensure I preserve your
review rights under the FOI Act.
FOI applicants are normally entitled to exercise a right of internal
review if they are unsatisfied with the outcome of an FOI decision.
However, this right of review lapses if a FOI decision is not made within
the statutory timeframe. This is because if an agency doesn’t issue their
decision within the statutory timeframe, they are deemed to have refused
the request for documents. If this situation happens, it will limit your
options for formal review to only contacting the OAIC.
You are not obligated to agree to this request, you would still retain
your review rights with our regulatory body OAIC (Office of the Australian
Information Commission).
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Action Required
Can I please request a response regarding our request for a 30-day
extension of time, by Monday 2 June 2025.
Next steps
I have completed some preliminary work on your request; however, your
matter will be allocated to an authorised FOI decision-maker for any
further action. The decision-maker may need to contact you to discuss a
range of matters, including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Kind regards,
Mackenzie
Triage Officer – Triage and Early Resolution
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
[2][NDIA request email]
[3]NDIA logo
[4]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.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #13233 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************
References
Visible links
1. mailto:[FOI #13233 email]
2. mailto:[NDIA request email]
3. mailto:[FOI #13233 email]
4. https://aka.ms/LearnAboutSenderIdentific...
5. mailto:[FOI #13233 email]
6. https://aus01.safelinks.protection.outlo...
Dear Accessibility Anonymous
Please find attached a letter relating to your Freedom of Information request. It is time sensitive.
Regards
Helen
She/Her
Assistant Director – Freedom of Information
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
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 <mailto:[NDIA request email]>
Sent: 10 June 2025 11:08
To: '[FOI #13233 email]' <mailto:[FOI #13233 email]>
Cc: foi <mailto:[NDIA request email]>
Subject: RE: FOI 24/25-2113 – Your Request for Information – Acknowledgement & Extension of Time Request [SEC=OFFICIAL]
Dear Accessibility Anonymous
Thank you for your email below.
Your request has been allocated to me for processing.
As Mackenzie stated in her email, she carried out some preliminary enquiries regarding your request. In response to those enquiries, the Legal Operations team has advised that identifying and locating documents falling within the scope of your request would involve multiple stakeholders over numerous agency business areas, including the Ministers' offices, the agency's CEO, the NDIS Board, external law firms, case managers, agency employed lawyers, support teams and reporting teams. Given there is no timeframe around your request, processing it would also involve searching many different business systems that have been used over the past 12 years as well as agency archives. Your request also does not differentiate between draft or final documents.
The Legal Operations team has ventured the opinion that processing your request in its current form would substantially and unreasonably divert the agency's resources from its other operations. In those circumstances, a practical refusal reason arises under section 24AA of the Freedom of Information Act 1982. I note your request that the decision-maker reach out to you to address clarification and refinement of your request and that is the purpose of my email.
If you could provide me with a contact phone number and advice of some suitable dates and times to call you, we can discuss your request.
I look forward to hearing from you.
Regards
Helen
She/Her
Assistant Director – Freedom of Information
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
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.
-----Original Message-----
From: Accessibility Anonymous <mailto:[FOI #13233 email]>
Sent: 29 May 2025 16:05
To: foi <mailto:[NDIA request email]>
Subject: Re: FOI 24/25-2113 – Your Request for Information – Acknowledgement & Extension of Time Request [SEC=OFFICIAL]
[You don't often get email from mailto:[FOI #13233 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]
Dear foi,
Thank you for reaching out so promptly. I am not opposed to an extension of time given the complex and voluminous nature of the request, but wish to propose an alternative to the current generic 30-day extensions. Noting that you only have scope for a preliminary assessment, I would be grateful if you could instead request that the FOI officer this is allocated to reaches out to me as a priority to address any clarifications or refinements, to ensure any extension is based on assessment of the work involved.
Likewise, I appreciate the team is under ongoing pressures the Agency has not yet resolved, as others have also observed. However, I would be grateful if triage gives consideration to the many participants currently navigating ART proceedings, and the public interest in timely access to information supporting their access to justice.
Yours sincerely,
Accessibility Anonymous
-----Original Message-----
Dear Accessibility Anonymous,
Freedom of Information Request: Acknowledgement & Extension of Time
Request
Thank you for your request of 28 May 2025, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
"...As such, I am seeking all documents relating to the NDIA’s approach to
complying with these statutory obligations and ensuring external legal
practitioners do the same, for the purposes of the FOI Act.
These documents may include but are not limited to:
1. All training materials for internal or external legal teams and/or
case managers which address topics related to disability awareness,
accessibility, discrimination, or reasonable adjustments
2. Ethical standards expected of external legal representatives and
barristers (whether engaged directly or by external solicitors)
3. All documents relating to NDIA policy and posture on adjustments
requested by participants for any stage of ART proceedings (whether
self-represented or legally represented)
4. Any unpublished advice or feedback from the Independent Expert
Review trial regarding participant accessibility needs and reasonable
adjustments
5. Any related directives from the Board, CEO or Deputy CEO
6. Any standard operating procedures, checklists, or other process
guidance for ensuring these obligations are met and appropriately
documented
7. Any documentation relating to accountability and reporting
mechanisms
8. Any briefings prepared for the CEO, Board, or Minister which
references the NDIA’s compliance with the ART’s accessibility objective
9. Any documents relating to the NDIA’s preparation to comply with the
expanded accessibility requirement upon commencement of the ART
10. Any guidance documents relating to adjustments potentially required
for participants with different disabilities to participate effectively in
proceedings
Please include any documents which have not yet been updated to reflect
the transition from the AAT to the ART, and any documents still in draft
form..."
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 29 May 2025. This 30-day
period expires on 27 June 2025.
The 30-day period can be extended in a number of ways, including with your
agreement.
Extension of Time Request:
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests due to a very high volume of incoming matters. I am
therefore seeking your agreement to a 30-day extension of time under
section 15AA of the FOI Act. If you agree to this extension, the new due
date for us to decide on your request will be 27 July 2025.
Please let us know if you agree by Monday 2 June 2025.
Explanation of Extension of Time Request:
The reason I am seeking an extension of time is to ensure I preserve your
review rights under the FOI Act.
FOI applicants are normally entitled to exercise a right of internal
review if they are unsatisfied with the outcome of an FOI decision.
However, this right of review lapses if a FOI decision is not made within
the statutory timeframe. This is because if an agency doesn’t issue their
decision within the statutory timeframe, they are deemed to have refused
the request for documents. If this situation happens, it will limit your
options for formal review to only contacting the OAIC.
You are not obligated to agree to this request, you would still retain
your review rights with our regulatory body OAIC (Office of the Australian
Information Commission).
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Action Required
Can I please request a response regarding our request for a 30-day
extension of time, by Monday 2 June 2025.
Next steps
I have completed some preliminary work on your request; however, your
matter will be allocated to an authorised FOI decision-maker for any
further action. The decision-maker may need to contact you to discuss a
range of matters, including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Kind regards,
Mackenzie
Triage Officer – Triage and Early Resolution
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
[2][NDIA request email]
[3]NDIA logo
[4]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.
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Please use this email address for all replies to this request:
mailto:[FOI #13233 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
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Dear Accessibility Anonymous
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require this in a different format, please let us know.
Please contact us at mailto:[NDIA request email] if you have any questions or
require help.
Regards
Helen
Assistant Director – Freedom of Information
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E: [1][NDIA request email]
[2]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.
-----Original Message-----
From: Accessibility Anonymous
<mailto:[FOI #13233 email]>
Sent: 28 May 2025 13:38
To: foi <mailto:[NDIA request email]>
Subject: Freedom of Information request - NDIA compliance with ensuring
ART proceedings are “accessible and responsive to the diverse needs of”
NDIS participants
[You don't often get email from
mailto:[FOI #13233 email]. Learn why this is
important at https://aka.ms/LearnAboutSenderIdentific... ]
Dear National Disability Insurance Agency,
Section 9 of the ART Act defined the new Tribunal’s objective as providing
an independent mechanism of review that, among other things, “is
accessible and responsive to the diverse needs of parties to proceedings.”
Section 51 provides that “As far as practicable, the Tribunal must conduct
each proceeding in the Tribunal in a way that is accessible for the
parties to the proceeding, taking into account the needs of the parties.”
The ART Act definition deems this obligation met when people can
“participate effectively in proceedings in the Tribunal.”
As a disability agency, the NDIA is privy to a great deal of information
about the barriers participants face.
By law, the NDIA “must use their best endeavours to assist the Tribunal
to: ...achieve the objective in section 9.”
This therefore imposes a statutory obligation on the NDIA to not only
ensure participants are not disadvantaged by their disabilities in
presenting their cases, but to proactively assist the Tribunal in
understanding the full extent of accessibility barriers.
By association, this would seem to extend to ensuring the NDIA’s legal
representatives are not only equipped to support these accessibility needs
and adapt their approaches to legal process accordingly, but are also
accountable for doing so.
As such, I am seeking all documents relating to the NDIA’s approach to
complying with these statutory obligations and ensuring external legal
practitioners do the same, for the purposes of the FOI Act.
These documents may include but are not limited to:
1. All training materials for internal or external legal teams and/or case
managers which address topics related to disability awareness,
accessibility, discrimination, or reasonable adjustments
2. Ethical standards expected of external legal representatives and
barristers (whether engaged directly or by external solicitors)
3. All documents relating to NDIA policy and posture on adjustments
requested by participants for any stage of ART proceedings (whether
self-represented or legally represented)
4. Any unpublished advice or feedback from the Independent Expert Review
trial regarding participant accessibility needs and reasonable adjustments
5. Any related directives from the Board, CEO or Deputy CEO
6. Any standard operating procedures, checklists, or other process
guidance for ensuring these obligations are met and appropriately
documented
7. Any documentation relating to accountability and reporting mechanisms
8. Any briefings prepared for the CEO, Board, or Minister which references
the NDIA’s compliance with the ART’s accessibility objective
9. Any documents relating to the NDIA’s preparation to comply with the
expanded accessibility requirement upon commencement of the ART
10. Any guidance documents relating to adjustments potentially required
for participants with different disabilities to participate effectively in
proceedings
Please include any documents which have not yet been updated to reflect
the transition from the AAT to the ART, and any documents still in draft
form.
I appreciate this is a complex and voluminous request, and in other
circumstances, would likely attract a practical refusal. However, another
of the objectives at Section 9 of the ART Act is to maintain public trust.
As such, while this may require substantial diversion of resources, I
believe this is entirely reasonable in the context of the NDIA’s $50mil+
expenditure on legal services for Tribunal matters and the unprecedented
backlog of cases which may be more efficiently – and economically –
resolved by ensuring the NDIA is accountable for its compliance with
upholding and facilitating the accessibility objective, across the diverse
needs of the thousands of participants seeking external review.
Yours faithfully,
Accessibility Anonymous
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Please use this email address for all replies to this request:
mailto:[FOI #13233 email]
Is mailto:[NDIA request email] the wrong address for Freedom of Information
requests to National Disability Insurance Agency? If so, please contact us
using this form:
https://aus01.safelinks.protection.outlo...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************
References
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1. mailto:[NDIA request email]