Pre-planning practice guides & standard operating procedures, planning questionnaire, outcomes short form frameworks & questionnaires.

Waiting for an internal review by National Disability Insurance Agency of their handling of this request.

Dear National Disability Insurance Agency,

I am requesting access under the Freedom of Information Act 1982 (FOI Act), to the following documents. Please provide documents currently in use and in their most recent version.

1. Practice Guide - Pre-Planning
2. Standard Operating Procedure - Pre-Planning
3. Standard Operating Procedure - Complete the guided planning questions
4. Standard Operating Procedure - Complete the participant statement
5. Outcomes Questionnaire
6. Standard Operating Procedure - Complete the update the outcomes questionnaire task
7. Capacity Building, Employment, and Education Short Forms Outcomes Frameworks (SFOF)
8. Family Questionnaire

Kind Regards,
Emily Lacey

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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References

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

Dear National Disability Insurance Agency,

Your response is overdue for my request “Pre-planning practice guides & standard operating procedures, planning questionnaire, outcomes short form frameworks & questionnaires” which was made on October 19th. You have not even provided formal acknowledgment of my request.

By law, my request should have been responded to by November 20th, it is now December 4th. If you require an extension to complete your duty, please formally request one.

May I also remind you, that I have provided the names of internal documents and my request will not be satisfied if you merely return publicly available operational guidelines in your response.

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

Please respond.

Kind regards,
Emily Lacey

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]     

 

show quoted sections

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]

foi, National Disability Insurance Agency

1 Attachment

 

 

Dear Emily Lacey

Thank you for your email. Your request has been registered under FOI
23/24-0358.

We sincerely apologise for the delay in providing you with the information
you have requested. Due to a large increase in FOI requests over recent
months, we are currently experiencing delays in processing matters. As a
result, we have not been able to process your matter within 30 days.

Once your matter is allocated to a staff member a decision maker or admin
officer will contact you to advise the matter has progressed and next
steps if appropriate.

 If you would like to discuss your request, please contact us at
[1][NDIA request email] and advise of a suitable time to call.  

We offer our sincerest apologies for the inconvenience caused.

Kind regards

Rachael

Freedom of Information Team

Government Division

National Disability Insurance Agency

E [2][NDIA request email]

[3]NDIA logo

We can assure you that our team is working on your request, and we will
send you documents as soon as practicable.

 

 

 

show quoted sections

Dear National Disability Insurance Agency,

Your response is long overdue for my request FOI FOI23/24-0358 which was made on the 19th of October. If you require an extension to complete your duty, please formally request one as per the requirements of the FOI Act.

I appreciate your response on the 5th of December officially acknowledging my request and assigning it a reference number, and understand there are currently delays due to the volume of FOI requests the NDIA receives, but you have a legal responsibility to respond to this request within the appropriate timeframes.

I hope you have a restful holiday period and that we can resolve this request promptly when NDIA staff return to offices on the 3rd of January.

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

Kind regards,
Emily Lacey

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]    

show quoted sections

References

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https://www.ndis.gov.au/about-us/policie...
2. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
3. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
4. https://www.ndis.gov.au/participants/usi...
https://www.ndis.gov.au/participants/usi...
5. https://www.ndis.gov.au/providers/workin...
https://www.ndis.gov.au/providers/workin...
6. https://data.ndis.gov.au/
https://data.ndis.gov.au/
7. mailto:[NDIA request email]
mailto:[NDIA request email]
8. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
mailto:[email address]
10. https://www.ndis.gov.au/
https://www.ndis.gov.au/

Dear National Disability Insurance Agency,

Welcome back and happy new year, I hope you've been able to have a restful break over the holiday period.

Your response is long overdue for my request FOI FOI23/24-0358 which was made on the 19th of October, 76 days ago. If you require an extension to complete your duty, please formally request one as per the requirements of the FOI Act.

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

Kind regards,
Emily Lacey

foi, National Disability Insurance Agency

3 Attachments

Dear Emily Lacey

 

Freedom of Information Request: Acknowledgement

 

Thank you for your request of 19 October 2023, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).

 

Processing timeframes

A 30-day statutory period for processing your request commenced from 19
October 2023, in accordance with section 15(2A)(c) of the FOI Act.
Therefore, a decision should have been provided by 10 November 2023.  

 

I apologise for the delay. To respond to your request, we have needed to
consult with different line areas of the agency. We therefore require
additional time for your request, but endeavour to provide a response
soon.

 

Charges

We may apply a processing charge to your request and will advise you as
soon as practicable if a charge is payable.

 

Disclosure Log

Information released under the FOI Act may be published on the NDIA’s
disclosure log located on our website, subject to certain exceptions.

 

If you have any concerns about the publication of information you have
requested, please contact us.

 

Further help

Please contact us at [1][NDIA request email] if you have any questions or need
help.

 

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.

 

 

Emma

Freedom of Information Officer

Governance, Risk & Legal - Complaints Management and FOI.

General Counsel Division

National Disability Insurance Agency 

E [2][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. 

 

 

 

show quoted sections

Hi Emma,

Thanks for your reply.

It’s my understanding that under the FOI Act, the agency should have requested an extension of time (of up to 30 days) for me to agree to, before the initial 30 day period had expired. But I haven’t heard anything from you until today, day 98. The agency could also have requested an extension of more than 30 days from the QAIC if this request was considered “voluminous” and as such required you to consult a number of other departments within the agency. Because it’s been 98 days, it’s my understanding that this is considered a “deemed refusal” and legally you should be requesting an extension from the QAIC for a time period they determine is appropriate.

(QAIC Website: https://www.oaic.gov.au/freedom-of-infor... )

In the interest of this actually being resolved before another 98 days has passed, I’m happy to overlook all of that, if you are able to be more communicative regarding the progress of my request going forward.

Are you able to provide a new expected deadline for your response?

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

Kind regards,
Emily Lacey

Dear Emma,

Do you have an update on my request? We're on day 109 today...

Yours sincerely,
Emily Lacey

foi, National Disability Insurance Agency

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. 

show quoted sections

References

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1. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
2. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
3. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
4. https://www.ndis.gov.au/participants/usi...
https://www.ndis.gov.au/participants/usi...
5. https://www.ndis.gov.au/providers/workin...
https://www.ndis.gov.au/providers/workin...
6. https://data.ndis.gov.au/
https://data.ndis.gov.au/
7. mailto:[NDIA request email]
mailto:[NDIA request email]
8. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
mailto:[email address]
10. https://www.ndis.gov.au/
https://www.ndis.gov.au/
11. mailto:[NDIA request email]

foi, National Disability Insurance Agency

5 Attachments

Dear Emily Lacey

Thank you for your request for information.

Please find attached correspondence and documents in relation to your
request.  If you require these 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

 

Emma

Freedom of Information Officer

Governance, Risk & Legal - Complaints Management and FOI.

General Counsel 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

show quoted sections

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 'Pre-planning practice guides & standard operating procedures, planning questionnaire, outcomes short form frameworks & questionnaires.'.

********** INTERNAL REVIEW ITEM 1:

Regarding my request for “5. Outcomes Questionnaire”, for which you responded “Our searches could not identify a document by this name. I am therefore Refusing Access to this document under section 24A of the FOI Act.” — 

I appreciate that there may not be an existing (or ready-made) internal document solely titled “Outcomes Questionnaire”. You have provided further explanation of your decision stating “These enquiries have revealed that the NDIA is unable to identify any documents titled Standard Operating Procedure – Pre-Planning or Outcomes Questionnaire.”

My request, comprising of an 8 item list, did not request “documents titled” and it more broadly asked for just “documents”. See the wording of my original request:

“I am requesting access under the Freedom of Information Act 1982 (FOI Act), to the following documents. Please provide documents currently in use and in their most recent version.”

The QAIC website answers the relevant question, “What is considered a document under the Freedom of Information Act 1982?”
“A ‘document’ is defined in s 4(1) to include any or any part of the following:
* any paper or other material on which there is writing
* a map, plan, drawing or photograph
* any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them
* any article or material from which sounds, images or writing are capable of being reproduced with or without the aid of any other article or device
* any article on which information has been stored or recorded, either mechanically or electronically
* any other record of information
* any copy, including any part of any copy, of a reproduction or duplicate of a thing listed above”

(SOURCE: https://www.oaic.gov.au/freedom-of-infor...)

It is obvious there are questions which make up what the NDIA refer to as the Outcomes Questionnaire, which is what I was asking for when I requested the “Outcomes Questionnaire” in FOI 23/24-0468. Your response does not provide that information or “document” as defined by the FOI Act. As such I request you amend your decision to provide the "four Outcomes Questionnaires"**, including the questions they contain and any "selectable" response** to those questions (**see below for further clarification).

FOR CLARIFICATION, THE INFORMATION I HAVE GATHERED FROM DOCUMENT 6 “Standard Operating Procedure – Complete the Update the Outcomes Questionnaire task” TO INFORM MY REQUEST FOR REVIEW OF “5. Outcomes Questionnaires”:

“3.2 Update the Outcomes Questionnaire
There are four Outcomes Questionnaires for the participant that are based on the participant’s age:
* young children (before starting school)
* children who have commenced school up to age 14
* young people aged 15-24
* adults aged 25 and over
You do not need to select the correct questionnaire, the System will generate this for you.
1. In Pre-planning – Staff Tasks, select the Update the Outcomes Questionnaire task.
2. The Create – Short Form Outcomes Questionnaire form opens. To expand or collapse a section select the expander arrow. “

It then contains an image of a collapsed table titled “create-Short Form Outcomes Questionnaire 25 and over”, with 7 sections titled “Introduction”, “Participant information”, “Domain 1: Choice and Control”, “Domain 2: Daily Living Activities”, “Domain 3: Relationships”, “Domain 4: Home”, and “Domain 5: Health and Wellbeing”

Under point 4 of the “3.2 Update the Outcomes Questionnaire” section it reads: “Select (or type) the response to each question in order. Try to answer as many questions with the participant as you can. You can leave any questions that don’t suit the participant blank.”

********** INTERNAL REVIEW ITEM 2:

Regarding my request for “8. Family Questionnaire”, for which you responded “This has been provided as Document 6”, and have provided a document titled “Standard Operating Procedure – Complete the Update the Outcomes Questionnaire task” in your decision — 

Document 6 does not contain the questions used in the “Family Questionnaire” or the selectable response/s used in completing it. Additionally, this information cannot be found in any of the other 5 documents shared in your decision.

For the same reasoning as I have provided in internal review item 1, I believe you have misinterpreted my request for the “Family Questionnaire” and as such I request you amend your decision to provide the full Family Questionnaire, including the questions it contains and any selectable response to those questions.

********** INTERNAL REVIEW ITEM 3:

Regarding my request for “7. Capacity Building, Employment, and Education Short Forms Outcomes Frameworks (SFOF)”, for which you responded “This has been provided as Document 5”, and have provided a document titled “Standard Operating Procedure – Complete the Short Form Outcomes Framework (SFOF) / SPG Knowledge Article Template” in your decision — 

Document 5 does not contain the actual SFOFs. Additionally, this information cannot be found in any of the other 5 documents shared in your decision.

Document 5 does provide me with this information on page 1 of 5... “Understand the SFOF: As an Agency, we are committed to listening to participants, their families and carers. One way we do this is through the Short Form Outcomes Framework (SFOF) questionnaire. This allows you discuss different areas of the participant's life including daily living, social and community participation and relationships.”

This suggests the "SFOF" contains questions. On page 2 of 5, under the heading “Create a new SFOF” it says, “6. Select the Type from the drowdown options.” This would suggest there is more than one kind of SFOF. I assume this includes “Capacity Building, Employment, and Education” which I mentioned in my initial request.

For the same reasoning as I have provided in internal review item 1 and 2, I believe you have misinterpreted my request for “7. […] Short Forms Outcomes Frameworks (SFOF)” and as such I request you amend your decision to provide the full SFOF Questionnaire, including the questions it contains and any selectable response to those questions.

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

Kind regards,
Emily Lacey

B left an annotation ()

This is an incredible amount of word vomit if I ever saw one. Why not include the actual case numbers and word it a bit better, keep it short and sweet. You can see the amount of work and pressure they are under with numerous requests, just make their lives easier, they are still human that have to read through all this shit to get to the point lol.

Emily Lacey left an annotation ()

Hi B. Why are you so invested? You working in the NDIA FOI department? It feels like you’ve taken this one pretty personally.

It also seems as though you might not have actually read my full request from the beginning of the thread, plus the decision notice and documents, in order to understand what is being discussed.

My initial request was very short and to the point. The last email I’ve sent is for an internal review. They ask that you include why you disagree with their decision, which I have done. There are three parts I disagree with, so I’ve split them into three items to be as clear as possible about what is what, so hopefully nothing gets missed. I’ve also quoted some of their own internal documents they sent me as part of their original decision, to help clarify my request and avoid any further misunderstanding.

I know what I’ve written may seem repetitive, but I haven’t had good results when I leave anything open for interpretation. The NDIA’s FOI officers don’t appear to be interested in reading between the lines and interpreting requests in good faith, they just apply the most literal and narrow definition possible. Which is why I have taken the time to provide so much detail and supporting material now in an attempt to avoid that. I’m hoping to save us *all* any more wasted time.

I’m also unsure what you mean by “include actual case numbers”. There is only 1 relevant case number… the case number of this request… which I have actually included anyway. All of the documents I have quoted are what *they* have shared in their decision for this request. To make things easier for them, I have referred to each by the document number *they* have assigned them, as well as the documents official title.

I’m well aware they are busy. I am also busy. Which is why it’s extra frustrating when they miss all their deadlines for response which are *statutory requirements* (this request took 111 days), and then only partially provide the correct information when they do eventually respond.

I appreciate any constructive feedback, but maybe you could be less condescending and rude in your delivery of your opinion in the future.

OAIC - FOI DR,

4 Attachments

Our reference: RQ24/00518

Agency reference: FOI-3 23/24-0468

National Disability Insurance Agency

Emily Lacey

Extension of time under s 15AC

Dear Parties,

Please find attached an extension of time decision relating to the above
referenced FOI request.

 

Regards,

 

[1][IMG]   Hannah Holswilder

Director, Freedom of Information Branch

Office of the Australian Information Commissioner

Adelaide | GPO Box 5288 Sydney NSW 2001

E [2][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.  

 

[3]Subscribe to Information Matters

 

 

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Dear OAIC - FOI DR,

Thank you for your decision. It’s nice to have offical confirmation that the NDIA taking more than 100 days to respond to my request is unacceptable under the circumstances.

I’ve just noticed a few discrepancies/typos regarding the dates recorded in the extension request decision notice, and wanted to clarify them for the record.

My initial request was made on the 19th of October 2023, making the agency’s FOI response due on the 16th of November 2023 (not 16th of November 2024 or 19th of October 2023 as mentioned in the notice).

Thank you for your support regarding this matter.

Yours sincerely,
Emily Lacey

Dear National Disability Insurance Agency,

I hope this email finds you well.

I haven’t received an acknowledgement of my request for an internal review of FOI 23/24-0468, which was sent on the 7th of February 2024 (7 days ago).

I have also noticed the OAIC has responded and declined your retroactive application for an extension of time regarding the processing of my request. Keeping in mind that the OAIC does not believe staff resourcing challenges are an adequate justification for a delay in communication or decision making, can you please confirm you have received my request for internal review and provide an estimated completion date.

Please see my email sent on the 7th for the details of my internal review request.

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

Kind regards,
Emily Lacey

foi, National Disability Insurance Agency

3 Attachments

Dear Emily 

 

Freedom of Information Request: Acknowledgement 

Thank you for your request of 7 February 2024, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA). 

 

Extension of Time Request
We’re sorry it is taking us longer than expected to process your request. 

We are therefore writing to seek 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 make a decision on your request will be 7 April
2024.

Please let us know whether you agree by 19 February 2024. 

If you don’t agree, we may need to seek an extension of time from the
Office of the Australian Information Commissioner.

Unless you advise otherwise, we will take it that you agree to the names
and contact details of NDIA staff being excluded from the scope of your
request (that is, the information will be treated as irrelevant). 

 

Processing timeframes 

A 30-day statutory period for processing your request commenced from 8
February 2024, in accordance with section 15(2A)(c) of the FOI Act. You
should, therefore, expect a decision from us by 8 March 2024.

This period may be extended if we need to consult with third parties or
for other reasons. We will advise you if this happens. 

Unless you advise otherwise, we will take it that you agree to the names
and contact details of NDIA staff being excluded from the scope of your
request (that is, the information will be treated as irrelevant). 

 

Disclosure Log

Information released under the FOI Act may be published on the NDIA’s
disclosure log located on our website, subject to certain exceptions.  

If you have any concerns about the publication of information you have
requested, please contact us. 

 

Further help 

Please contact us at [1][NDIA request email] if you have any questions or need
help. 

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact. 

 

Cooper

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 

 

 

 

show quoted sections

Dear Cooper,

I find it difficult to understand what would justify the agency requiring an extension of decision time to a total of 60 days, for my internal review regarding the release of the outcomes questionnaire, family questionnaire, and the short form outcomes framework (SFOF) questionnaire’s contents. Especially when you have already had 111 days to address the request to begin with.

The OAIC has already declined your previous request for an extension of decision time, stating that the agency’s ineffective utilisation of the initial processing period and inadequate staff resourcing or allocation in busy periods does not justify an extension in the absence of other extenuating circumstances. They also stated that my request was neither complex nor voluminous, and I haven’t requested anything further in my appeal, I have merely clarified that your decision documents did not align with what I had originally requested.

As such, you do not have my permission for an extension of time. I expect the internal review decision documents to be delivered by the 8th of March 2024, within the 30 day processing period for internal reviews outlined in Section 54C(3) of the Freedom of Information Act 1982.

“(3) The person must make a fresh decision on behalf of the agency within 30 days after the day on which the application was received by, or on behalf of, the agency.”

Please notify me if you still decide to apply to the OAIC for an extension regarding this internal review.

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

Yours sincerely,
Emily Lacey