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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References

Visible links
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]

Dear Clementine Saber

Freedom of Information Request: Acknowledgement

Thank you for your request of 2 October 2024, 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:

“(1).   All internal guidance and policy documents related to 'replacement
supports'. Please provide a copy of each version of these documents,
including both final and draft versions.

(2).   All emails between NDIA staff, involved in the development or
endorsement of the 'Replacement list (DOCX 288KB)' document, where the
document is discussed. Please include a copy of any documents attached or
linked in the emails.

(3).   All meeting briefs/papers that involve the development or
endorsement of the 'Replacement list (DOCX 288KB)' document.

(4).   All meeting briefs/papers that involve the development or
endorsement of the documents identified for section (1) of this request.

Please include all identified documents in full. I consider all parts of a
document to be relevant, even if they are addressing topics other than
'replacement supports'.

Processing Timeframes

In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 3 October 2024. This
30-day period expires on 1 November 2024.

The 30-day period can be extended in a number of ways, including with your
agreement.

Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. 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 1
December 2024.

If you do not agree and we are unable to process your request within the
30-day period expiring on 1 November 2024, we will be deemed to have
refused your request and you will not have a right to seek internal review
of that decision. You will, however, retain your right to external review
by the Australian Information Commissioner.

Please let us know if you agree by 14 October 2024.

Disclosure Log

Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.

If you have any concerns about the publication of the documents you have
requested, please contact me.

Next steps

Your request will be allocated to an authorised FOI decision-maker. 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].

Regards

Mykal

Freedom of Information Officer

Complaints Management & FOI Branch

General Counsel Division

National Disability Insurance Agency

E [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.

[5]Aboriginal and Torres Strait Islander flags graphic

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Dear Clementine Saber

Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know. 

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

Kind regards 

Patrick (PHO293)

Senior Freedom of Information Officer

Complaints Management and FOI Branch

National Disability Insurance Agency

E [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.

[5]Aboriginal and Torres Strait Islander flags graphic

show quoted sections

Dear Clementine

Thank you for your response and suggested scope revision, which states:

“…(1 Revised Version). All internal guidance and policy documents related
to 'replacement supports'. Please provide the most current version of each
document, whether this is a final or draft version.

(2 Revised Version). Emails to or from an acting or permanent: Deputy CEO,
General Manager, or the Chief Legal Counsel at the NDIA regarding the
development or endorsement of the 'Replacement list (DOCX 288KB)'
document, where the document is discussed. Please include a copy of any
documents attached or linked in the emails.

(3). All meeting briefs/papers that involve the development or endorsement
of the 'Replacement list (DOCX 288KB)' document.

And exclude point (4) from my request…”

I have consulted with the Data Team who conducted searches for point 2 on
your request and they have advised that they are unable to perform
searches on organisation positions and would only be able to perform the
searches you have requested if given names of Deputy CEO’s, General
Managers or Chief Legal Counsel. Given this, the issue still stands that
there would be 588 items located by the Data team to scrutinise whether
they fall within the scope of your request, and the practical refusal
reason still stands.

Given it may be difficult to narrow your scope at this stage, I suggest
removing point 2, and submitting it as a new Freedom of Information
request using the [1]Organisational structure | NDIS. Your new request
could name a specific role within the organisation, this would narrow down
the people considered for searches considerably, given that currently
there are approximately 25 Deputy CEOs and General Managers with further
people acting in these positions over the years.

Please reach out to me on [2][NDIA request email] if you require any
assistance.

Kind regards

Patrick (PHO293)

Senior Freedom of Information Officer

Complaints Management and FOI Branch

National Disability Insurance Agency

E [3][NDIA request email]  

[4]NDIA logo

[5]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.

[6]Aboriginal and Torres Strait Islander flags graphic

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Our reference:           RQ24/04954

Agency reference:    24/25-0432

Agency name              National Insurance Disability Agency
By Email:                        [NDIA request email]

Name                              Clementine Saber
By Email:                       
[FOI #12133 email]

Extension of time under s 15AB

Dear Parties,

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

Regards,

[1][IMG]   Andriana DeIeso

Review Adviser

Office of the Australian Information Commissioner

Adelaide | GPO Box 5288 Sydney NSW 2001

E [2][email address]
 
I am available Monday to Wednesday; Tuesday and Wednesday alternate
weeks.   

Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[3]Information Commissioner reviews | OAIC
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.  

[4]Subscribe to Information Matters

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
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References

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2. mailto:[email address]
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4. https://www.oaic.gov.au/engage-with-us/n...

Dear Clementine Saber

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.

Kind regards

Patrick (PHO293)
Senior Freedom of Information Officer

Complaints Management & FOI Branch

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 Clementine Saber

A FOI request is considered in its entirety when making a decision, even
if only a component of that request attracts a practical refusal reason.
The FOI Act does not allow the agency to alter an applicant’s scope
without their permission, that is why suggestions were given on possible
alterations to the scope that would remove the practical refusal reason.

Unfortunately, as I have already made a decision on your request, I am
unable to reopen it to process points 1 and 3. Therefore your current
options are applying to the Office of the Australian Information
Commissioner for a review of my decision, and/or submitting a new or
multiple Freedom of Information requests.

Kind regards

Patrick (PHO293)

Senior Freedom of Information Officer

Complaints Management and FOI Branch

National Disability Insurance Agency

E [1][NDIA request email]  

[2]NDIA logo

[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

show quoted sections