NDIS - Police Checks and Security Clearances (done or not)?
Dear National Disability Insurance Agency,
Since the NDIS was created (2013) how many NDIA people, contractors or staff have applied for or requested police check waivers? This includes those made on their behalf, like senior (EL, SES, CEO, etc) positions. If any, how many were approved or granted?
Since the NDIS was created (2013) how many NDIA people, contractors or staff have applied for or requested security clearance waivers? This includes those made on their behalf, like senior (EL, SES, CEO, etc) positions. If any, how many were approved or granted?
What grounds, reasons or justifications were provided? Which were accepted, if any?
This includes any and all contractors, APS or staff transferring from any other State or Commonwealth entity .
Understanding you have no idea if non-Australian citizens have ever worked there, because you never checked nor require it:
https://www.righttoknow.org.au/request/n...
Yours faithfully,
Florence
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.
Information about how to make an FOI request can be found on our website:
[1]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:
* be in writing
* state that the request is an application for the purposes of the FOI
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If you are seeking access to personal documents such as an NDIS Plan or
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[2]Participant Information Access (PIA) web-form, This process will enable
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emailing at [3][email address] or via webchat at [4]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: [5][NDIA request email]
References
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1. https://www.ndis.gov.au/about-us/policie...
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. mailto:[NDIA request email]
Dear Florence
Freedom of Information Request: Acknowledgement
Thank you for your request of 14 November 2022, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
The NDIA has other ways to access more quickly the documents and
information that we hold. Please visit our [1]Access to Information
webpage to find out more about accessing information through:
· The [2]myplace portal for participants
· The [3]myplace portal for providers
· The [4]Participant Information Access (PIA) scheme
· The [5]Information Publication Scheme (IPS)
You can also request data and statistics outside of the FOI Act. Please
visit our [6]Data and insights webpage for further information.
If you decide to access your documents from the above sources please
respond to this email by copying the below and we will withdraw your FOI
request.
Hello FOI Team,
Thank you for your email. I confirm that I withdraw the FOI request.
Many thanks
Processing timeframes
If you wish to maintain a Freedom of Information request, please be
advised that due to a large increase in FOI requests over recent months,
we are currently experiencing delays in processing matters. As a result,
we are unlikely to process your matter within the legislative deadlines.
We are now seeking your agreement to extend the processing time by an
additional 30 days under section 15AA of the FOI Act. If you agree to this
extension, you can expect to receive a decision from us on or before 13
January 2023.
If you do not agree to the proposed extension of time, or you do not
provide a response to our request, we may need to seek an extension of
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Therefore, we ask that you please provide a response by 30 November 2022.
A 30-day statutory period for processing your request commenced from 15
November 2022, in accordance with section 15(2A)(c) of the FOI Act.
Therefore, the legislated deadline is 14 December 2022.
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Please contact us at [7][NDIA request email] if you have any questions or need
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We will contact you using the email address you provided. Please advise if
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Kind regards
Freedom of Information Officer
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [8][NDIA request email]
[9]Title: NDIS delivered by the National Disability Insurance Agency
[10]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.
[11]Aboriginal and Torres Strait Islander flags graphic
References
Visible links
1. https://aus01.safelinks.protection.outlo...
2. https://aus01.safelinks.protection.outlo...
3. https://aus01.safelinks.protection.outlo...
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. mailto:[NDIA request email]
8. mailto:[NDIA request email]
10. https://aus01.safelinks.protection.outlo...
Good morning Florence
Thank you for your email of 14 November 2022 requesting data relating to
the numbers of NDIA people, contractors or staff that have applied for
police and/or security check waivers, the number of waivers granted, and
the reasons for requested waivers provided by requestors.
This request in its current form is not manageable under the Freedom of
Information Act 1982 (FOI Act) for the following reasons:
1. You have asked for answers to questions rather than to documents in
existence.
2. Attempting to manage your request as it stands would require a lot of
work to find answers to your questions and could be considered that an
unreasonable and substantial diversion of resources decision may be
applied, or significant processing charges could be incurred.
With regards to above, I advise the right to access under the FOI Act is
to documents already in existence at the time the request is made, rather
than to information. The FOI Act does not require an agency to create a
new document in response to a request.
Additionally, to answer your questions, it would be necessary for the NDIA
to perform multiple data searches to firstly ascertain if the information
even exists in a searchable form. It is outside of the FOI process to
conduct data searches and provide answers to questions for the sole
purpose of satisfying the FOI.
Further to above, if information regarding the reasons provided by an
individual exists, it would likely be assessed and conditionally exempt
information under section 47F of the FOI Act - Personal Privacy.
To assist you further, should you wish to continue with your FOI
application, can I suggest you limit your request for documents in
existence, rather than answers to questions. I would be happy to contact
you should you like to provide me with a telephone number and suitable
times with a view to assisting with scope. Alternatively, can you please
respond to this email and advise me of how you would like to progress your
matter.
If I do not hear from you by 28 August 2023, I will proceed to process
your request with the information that you have provided and this may
include not being able to release information to you.
Kind regards
Jennifer
Senior Freedom of Information Officer
Government Division
National Disability Insurance Agency
T: (07) 1800 800 110
E: [1][NDIA request email]
[2]Title: NDIS delivered by the National Disability Insurance Agency
[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
Dear foi (Jennifer),
If I understand your response correctly, after a 10 month wait for an FOI request, you have no document(s) which captures, tracks or verifies police checks and security clearances for the NDIA, since 2013? Is that correct?
In other words, the NDIA has no idea how many NDIA people, contractors or staff have applied for or requested police check waivers? This includes those made on their behalf, like senior (EL, SES, CEO, etc) positions. Including, how many were approved or granted? You also have no idea or record as to what grounds, reasons or justifications waivers (in any shape or form) were granted?
To reiterate, I have requested the document(s) that record these obligations and facts. Given the fraud, security obligations and Commonwealth status of the NDIA, this should take no time at all to locate and provide, because it is something that is routinely required as part of your attestations, assurance and government reporting. It is this/these documents that I have requested, hence the question.
Yours sincerely,
Florence
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]
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/participants/usi...
4. https://www.ndis.gov.au/providers/workin...
5. https://www.ndis.gov.au/about-us/policie...
6. https://www.ndis.gov.au/about-us/policie...
7. https://data.ndis.gov.au/
8. https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
10. https://nccchat.ndis.gov.au/i3root/
11. mailto:[NDIA request email]
Good afternoon Florence
Thank you for your prompt response regarding your FOI application as
referenced above.
Firstly, I apologise for the delay in contacting you since your original
request. The NDIA has been experiencing a large increase in FOI requests
resulting in a backlog we are now trying to clear. I have recently been
assigned your matter, and I am working diligently on it with a view to
completing it as soon as possible.
I apologise if my previous email was unclear. My knowledge of what we
hold is limited as I have not conducted document searches yet.
For clarity you have requested:
1. Since the NDIS was created (2013) how many NDIA people, contractors or
staff have applied for or requested police check waivers? This includes
those made on their behalf, like senior (EL, SES, CEO, etc) positions. If
any, how many were approved or granted?
2. Since the NDIS was created (2013) how many NDIA people, contractors or
staff have applied for or requested security clearance waivers? This
includes those made on their behalf, like senior (EL, SES, CEO, etc)
positions. If any, how many were approved or granted?
3. What grounds, reasons or justifications were provided? Which were
accepted, if any?
By NDIA people, I take it you are referring to all APS staff employed by
the NDIA regardless of level, and by contractors, you are referring to
those engaged by Labour Hire arrangements.
Scope Clarification
As you have asked for numbers of people (which is answers to a question),
for your scope to be valid under section 15(2)(b) of the FOI Act, I will
be searching for:
Since the NDIS was created (2013) to 14 November 2022 (date of your
original request) regarding NDIS staff and contractors
o all documents that confirm a request for waiver of a police check or a
security check;
o all documents that detail the reason for the request or waiver
provided by the requestor; and
o all outcomes of requests for waiver
If you are happy with my approach to your scope, please respond to this
email.
Kind regards
Jennifer
Senior Freedom of Information Officer
Government Division
National Disability Insurance Agency
T: (07) 1800 800 110
E: [1][NDIA request email]
[2]Title: NDIS delivered by the National Disability Insurance Agency
[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
References
Visible links
1. mailto:[NDIA request email]
3. https://intranet.ndiastaff.ndia.gov.au/h...
Dear foi (Jennifer),
Thank you kindly for the context and clarity. Greatly appreciated.
Agreed. Your revised approach and focus is consistent with my original request. Please proceed on that basis.
Yours sincerely,
Florence
Dear Florence
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 [1][NDIA request email] if you have any questions or
require help.
Thank you.
Kind regards
Jennifer
Senior Freedom of Information Officer
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [2][NDIA request email]
[3]Title: NDIS delivered by the National Disability Insurance Agency
[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.
[5]Aboriginal and Torres Strait Islander flags graphic
References
Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
4. https://intranet.ndiastaff.ndia.gov.au/h...