Cat
Via email to:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Cat
Freedom of Information Request LEX 51816 – Decision on access
I refer to the
Freedom of Information Act 1982 (
FOI Act) request to the Department of Social Services
(
Department) on 3 October 2024. The request, which has been revised by agreement, seeks access to:
1. The first draft of the "Transitional rule for certain pre-commencement plans" provision,
including the associated draft explanatory statement.
2. The first draft of the list of eligible supports in the "Replacement supports determination"
provision, including the associated draft explanatory statement.
3. All draft versions of the list of eligible replacement supports and explanatory statements
provided to the NDIA between 15th August 2024 and 1st October 2024.
4. All draft versions of the list of eligible replacement supports prepared for consultation with
stakeholders external to DSS and the NDIA between 15th August 2024 and 1st October
2024.
5. Any revisions or feedback received from the NDIA to any draft version of the "Impact on
reviews in the Administrative Appeals Tribunal" fact sheet published on the DSS website.
6. All draft versions of the full NDIS Supports Transitional Rules instrument and Explanatory
Statement prepared between 12th September 2024 and 1st October 2024.
I am authorised to make decisions in respect of FOI requests under subsection 23(1) of the FOI Act.
Decision
I have decided to refuse access to the documents sought by the request in ful as they consist] entirely of
material that is exempt under section 42 (legal professional privilege) of the FOI Act.
The documents and my decision in relation to each are set out in the Schedule of Documents at
Attachment A (
the Schedule).
The reasons for my decision are set out in the Statement of Reasons at
Attachment B.
Review rights and complaints
Information concerning how you may seek a review of this decision or make a complaint about the
handling of this request is at
Attachment C.
GPO Box 9820 Canberra ACT 2601
Email Facsimile Telephone 1300 653 227
National Relay Service: TTY: 133 677, Speak and listen: 1300 555 727, Internet relay: www.relayservice.com.au
www.dss.gov.au
Contact
If you would like to discuss any aspect of my decision, please contact me at
xxx@xxx.xxx.xx.
Yours sincerely
Sarah B
Authorised FOI Decision Maker
19 November 2024
Attachments
A – Schedule of Documents
B – Statement of Reasons
C – Review rights
ATTACHMENT A
SCHEDULE OF DOCUMENTS
Doc No Description of document
Decision
1
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
2
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013 - Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
3
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013 - Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
4
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013 - Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
5
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013 - Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
6
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013 - Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
7
Email
Exempt in full
Subject: RESPONSE: URGENT To discuss application of NDIS Act
Section 42 – legal professional privilege
Transitional Rules in AAT
Date: 4 October 2024
7a
Attachment to Document 7
Exempt in full
Draft DSS Questions (Final Version)
Section 42 – legal professional privilege
ATTACHMENT A
Doc No Description of document
Decision
8
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013
Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
9
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013
Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
10
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013
Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
11
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013
Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
12
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013
Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
13
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013
Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
14
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013
Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
15
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013
Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
ATTACHMENT A
Doc No Description of document
Decision
16
Draft
Exempt in full
Explanatory Statement - National Disability Insurance Scheme Act 2013
Section 42 – legal professional privilege
National Disability Insurance Scheme (Getting the NDIS Back on Track No.
1) (NDIS Supports) Transitional Rules 2024
17
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
18
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
19
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
20
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
21
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
22
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
23
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
24
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
25
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
ATTACHMENT A
Doc No Description of document
Decision
26
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
27
Draft
Exempt in full
National Disability Insurance Scheme (Getting the NDIS Back on Track No. Section 42 – legal professional privilege
1) (NDIS Supports) Transitional Rules 2024
ATTACHMENT B
STATEMENT OF REASONS
Material on which the decision is based
1. I relied on the following material in coming to this decision:
• the terms of the FOI request;
• the documents subject to the FOI request;
• advice from subject matter experts within the Department regarding the nature and sensitivity
of the documents subject to the request;
• the FOI Act; and
• the Guidelines issued by the Office of the Australian Information Commissioner under section
93A of the FOI Act (
FOI Guidelines).
Section 42 – Legal Professional Privilege
2. Section 42 of the provides that a document is an exempt document if it is of such a nature that it
would be privileged from production in legal proceedings on the ground of legal professional
privilege.
3. The documents subject to the request (as identified in the Schedule) consist of legal advice or
communication with legal advisors. I am satisfied that privilege over this material has not been
waived, and accordingly that it is exempt under section 42 of the FOI Act.
ATTACHMENT C
INFORMATION ON REVIEW RIGHTS
You may seek review of this decision via:
(a) an internal review; or
(b) the Australian Information Commissioner (
Information Commissioner).
Internal review
If you apply for internal review, a fresh decision will be made by a different decision-maker within the
Department. An application for internal review must be:
(a) made in writing;
(b) made within 30 days of receiving this letter; and
(c) sent to
xxx@xxx.xxx.xx.
The application should also include the reasons why you think this decision should be reviewed.
If the internal review decision results in you not being provided access to all of the documents to which
you have requested access, you have the right to seek a further review by the Information
Commissioner.
Information Commissioner review
You can apply for the Information Commissioner to review this decision either immediately or following
an internal review decision. You must apply to the Information Commissioner within 60 days of the
receipt of this decision letter.
Further details on this process can be found on the Information Commissioner’s website at
https://www.oaic.gov.au/.
COMPLAINTS TO THE INFORMATION COMMISSIONER
You may also make a complaint to the Information Commissioner concerning actions taken by the
Department while exercising its powers or performing its functions under the FOI Act.
Further details on this process can be found on the Information Commissioner’s website at
https://www.oaic.gov.au/.