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This is an HTML version of an attachment to the Freedom of Information request 'Comcare PIN as reported by the Saturday paper'.

Date: Thu, 22 Jun 2023 01:01:45 +0000
Subject: RE: Your FOI request - Notice of Extension of Time due to Consultation [SEC=OFFICIAL]
From: "FOI (NDIS Commission)" <xxx@xxxxxxxxxxxxxx.xxx.xx>
To: Ace Chapman <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Cc: "FOI (NDIS Commission)" <xxx@xxxxxxxxxxxxxx.xxx.xx>

Good morning Mr Chapman,

Thank you for your response.

Just to clarify, we are requesting your consent for the Commission to identify you as the applicant to the third-party in consultations regarding third-party documents. For the avoidance of doubt, (with your consent) we propose disclosing to the third-party during consultation a statement to the effect ‘that Ace Chapman is the FOI applicant of this request’. Notwithstanding your request and correspondence is automatically published on the Right to Know website, we are still required to seek your consent before disclosing applicant’s identity to a third-party.

If you do not wish for us to disclose ‘Ace Chapman’ as the applicant during consultations, we would refrain from doing so and would continue to consult the third party in respect of relevant documents without identifying you, Ace Chapman, as the applicant.

The FOI Guidelines at [3.40] provide:

"An applicant’s identity should not be provided to any third party without prior consultation and agreement by the applicant. This also applies if there is a request consultation process under ss 26A, 27 or 27A or if another agency is consulted. Nevertheless, knowing an applicant’s identity may help a third party decide more easily whether to object to disclosure and to frame any specific objections, and this issue can be raised with an applicant in consultation."

I trust this assists and please don’t hesitate if you have any questions. We would be grateful for a response by COB 26 June 2023.

Kind regards,

FOI Team
Legal Services and Internal Integrity Division

E: xxx@xxxxxxxxxxxxxx.xxx.xx
www.ndiscommission.gov.au
The NDIS Quality and Safeguards Commission acknowledges the traditional owners 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 both past and present.



-----Original Message-----
From: Ace Chapman <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent: Wednesday, 21 June 2023 1:09 PM
To: FOI (NDIS Commission) <xxx@xxxxxxxxxxxxxx.xxx.xx>
Subject: Re: Your FOI request - Notice of Extension of Time due to Consultation [SEC=OFFICIAL]

Dear FOI Officer,



Thank you for your recent communication regarding the need for third-party consultation concerning my Freedom of Information request. I appreciate your diligence in ensuring that the rights and privacy of all parties involved are respected.



However, before I can provide my consent for the disclosure of my identity to the third parties involved, I would like to request some additional information better to understand the context and implications of this consultation.



1. Identification of Third Parties: While I understand that you may be unable to provide specific names due to privacy and confidentiality concerns, a general description or categorisation of these third parties would be beneficial. For instance, are these third parties external consultants, other government agencies, private entities, or individuals outside the SES Officers mentioned in my request?



2. Role and Involvement of Third Parties: Could you please elaborate on how these third parties fit into the scope of my request? My request primarily concerns communications between specific Senior Executive Service (SES) Officers and the Provisional Improvement Notice's broader context. Therefore, understanding these third parties' roles and involvement in these communications or the Provisional Improvement Notice's issuance and handling would be extremely helpful.



3. Impact on the Information Requested: Lastly, I would like to understand how the involvement of these third parties might affect the information I have requested. Will their involvement potentially lead to redactions or exclusions in the documents provided? If so, please explain the rationale behind these redactions or exclusions.



Your clarification on these points will help me make an informed decision about providing consent for disclosing my identity. Understanding these aspects is crucial for maintaining transparency and trust in this process.



I appreciate your assistance and look forward to your prompt response.



Yours sincerely,



Ace Chapman



-----Original Message-----



Good afternoon Mr Chapman,







This email is in relation to your current FOI request with the NDIS

Commission (FOI ref: FOI Request No 48).







Third Party Consultation Required



The purpose of this email is to inform you that the NDIS Commission has

conducted a search for documents that fall within the scope of your FOI

request and that search has located documents that contain information of

a business and/or personal nature of a third party. A third party is a

person or business that is not yourself as the applicant of the FOI

request to the NDIS Commission, or the Commission itself.







Sections 27 (business documents) and 27A (documents affecting personal

privacy) of the FOI Act require that I consider whether third parties

identified in documents might reasonably wish to make an exemption

contention because of business information in a document.







I have reviewed the documents that fall within the scope of your FOI

request and I have formed the view that certain third parties identified

in the documents might reasonably wish to make a submission on the release

of their business and/or personal information.







As such, the Commission must consult the third parties before an access

decision is made. Under section 15(6)(a), the Commission is granted an

additional 30 days to process the request. Your decision, as a result, is

now due on 2 August 2023.







Confidentiality



The NDIS Commission cannot disclose your identity to third parties

identified for consultation without your consent. Could you please advise

if you consent to the NDIS Commission providing your identity as the FOI

Applicant to third parties being consulted on your FOI request?







Next steps



Please provide your response to the above question regarding your identity

by COB Friday 23 June 2023.







If you have any further questions, please don’t hesitate to get in contact

with the FOI team at [1][NDIS Quality and Safeguards Commission request email].







Kind regards,







FOI Team



Legal Services and Internal Integrity Division



[2]cid:image001.jpg@01D41218.BD3EEDC0



E: [3][email address]



[4]www.ndiscommission.gov.au



The NDIS Quality and Safeguards Commission acknowledges the traditional

owners 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 both past and present.







References



Visible links

1. mailto:[NDIS Quality and Safeguards Commission request email]

3. mailto:[email address]

4. http://www.ndiscommission.gov.au/



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Please use this email address for all replies to this request:

xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx



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://www.righttoknow.org.au/help/officers



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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