AAT, NDIA and Ministerial correspondence request
Dear National Disability Insurance Agency,
I would like to request any correspondence between the NDIA, Ministerial department of Bill Shorten, DSS, and AAT / ART regarding finalising disputes prior to the new legislation coming into effect on 3rd October 2024.
Happy for names and contact details to be removed but would like to see any correspondence regarding this.
Additionally, I would like to see any directives from the NDIA to the AAT regarding the resolution of cases in preparation for implementing the new legislation.
Thirdly, I would like to see any information held by the NDIA on how the new legislation may impact freshly resolved disputes and newly implemented plans as a result of the new legislation. I am aware of what is publicly available but this does not address how plans implemented via the AAT may be impacted.
Yours faithfully,
Ivy
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.
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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.
References
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7. mailto:[NDIA request email]
mailto:[NDIA request email]
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9. mailto:[email address]
mailto:[email address]
10. https://www.ndis.gov.au/
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11. mailto:[NDIA request email]
Dear Ivy
Freedom of Information Request: Acknowledgement
Thank you for your request of 22 September 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:
“…any correspondence between the NDIA, Ministerial department of Bill
Shorten, DSS, and AAT / ART regarding finalising disputes prior to the new
legislation coming into effect on 3rd October 2024.
Additionally, I would like to see any directives from the NDIA to the AAT
regarding the resolution of cases in preparation for implementing the new
legislation.
Thirdly, I would like to see any information held by the NDIA on how the
new legislation may impact freshly resolved disputes and newly implemented
plans as a result of the new legislation.”
Clarification
Section 15(2(b) of the FOI Act states “the request must provide such
information as is reasonably necessary to enable a responsible officer of
the agency or the minister to identify the document that is requested.
Before refusing a request for failing to meet this requirement an agency
or minister must undertake a ‘request consultation process’”
I request your assistance in clarifying the scope of your request by
confirming that you are seeking access to:
… the following from 1 January 2024:
1. Any correspondence between:
o the National Disability Insurance Agency (NDIA) and the Department of
Social Services
o the NDIA and the office of Minister for the National Disability
Insurance Scheme
o the NDIA and the Administrative Appeals Tribunal (AAT)
regarding finalising disputes prior to the new legislation coming into
effect on 3rd October 2024
2. Any directives from the NDIA to the AAT regarding the resolution of
cases in preparation for implementing the new legislation.
3. Any information held by the NDIA on how the new legislation may impact
freshly resolved disputes and newly implemented plans as a result of
the new legislation.
Reason for proposed clarification
While the NDIA can consider FOI requests for documents we hold, we will
not hold any documents between the agencies you mentioned eg between the
Ministers office and AAT.
If you seek access to the latter, plese note you will need to make submit
FOI applicants directly to those persons/bodies.
I note your applicant refers to [1]the AAT/ART. The Administrative Appeals
Tribunal (AAT) will be replaced by a new body called the Administrative
Review Tribunal (ART) on 14 October 2024. Therefore I have removed
reference to the ART as it does not come into effect unitl such time.
I have proposed a timeframe of 1 January 2024 to date of receipt of your
FOI request to remove any potential that your request as originally worded
is leaning towards an unreasonable diversion of resources.
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
I note that you have advised that names and contact details can be
removed, such details will be considered irrelevant to your request for
access.
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 22 September 2024. This
30-day period expires on 22 October 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 21
November 2024.
If you do not agree and we are unable to process your request within the
30-day period expiring on 22 October 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 8 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
If you would like to dicuss plese provide a phone number and suitable time
to call, alternatively we will contact you using the email address you
have provided.
In the meantime, if you have any questions or need help, please contact us
at [2][NDIA request email].
Regards
Kate (KIM627)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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
Good Afternoon Ivy,
Please find attached correspondence in relation to your FOI request FOI
24/25-0391.
If you have any questions please don’t hesitate to contact me on the email
noted below.
Regards
Kate (KIM627)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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
From: foi <[NDIA request email]>
Sent: Tuesday, October 8, 2024 9:34 AM
To: 'Ivy' <[FOI #12072 email]>
Cc: foi <[NDIA request email]>
Subject: FOI 24/25-0391 – Your request for information – Acknowledgement /
Extension of Time 15AA / Consultation 15(2)(b) [SEC=OFFICIAL]
Dear Ivy
Freedom of Information Request: Acknowledgement
Thank you for your request of 22 September 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:
“…any correspondence between the NDIA, Ministerial department of Bill
Shorten, DSS, and AAT / ART regarding finalising disputes prior to the new
legislation coming into effect on 3rd October 2024.
Additionally, I would like to see any directives from the NDIA to the AAT
regarding the resolution of cases in preparation for implementing the new
legislation.
Thirdly, I would like to see any information held by the NDIA on how the
new legislation may impact freshly resolved disputes and newly implemented
plans as a result of the new legislation.”
Clarification
Section 15(2(b) of the FOI Act states “the request must provide such
information as is reasonably necessary to enable a responsible officer of
the agency or the minister to identify the document that is requested.
Before refusing a request for failing to meet this requirement an agency
or minister must undertake a ‘request consultation process’”
I request your assistance in clarifying the scope of your request by
confirming that you are seeking access to:
… the following from 1 January 2024:
1. Any correspondence between:
o the National Disability Insurance Agency (NDIA) and the Department of
Social Services
o the NDIA and the office of Minister for the National Disability
Insurance Scheme
o the NDIA and the Administrative Appeals Tribunal (AAT)
regarding finalising disputes prior to the new legislation coming into
effect on 3rd October 2024
2. Any directives from the NDIA to the AAT regarding the resolution of
cases in preparation for implementing the new legislation.
3. Any information held by the NDIA on how the new legislation may impact
freshly resolved disputes and newly implemented plans as a result of
the new legislation.
Reason for proposed clarification
While the NDIA can consider FOI requests for documents we hold, we will
not hold any documents between the agencies you mentioned eg between the
Ministers office and AAT.
If you seek access to the latter, plese note you will need to make submit
FOI applicants directly to those persons/bodies.
I note your applicant refers to [5]the AAT/ART. The Administrative Appeals
Tribunal (AAT) will be replaced by a new body called the Administrative
Review Tribunal (ART) on 14 October 2024. Therefore I have removed
reference to the ART as it does not come into effect unitl such time.
I have proposed a timeframe of 1 January 2024 to date of receipt of your
FOI request to remove any potential that your request as originally worded
is leaning towards an unreasonable diversion of resources.
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
I note that you have advised that names and contact details can be
removed, such details will be considered irrelevant to your request for
access.
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 22 September 2024. This
30-day period expires on 22 October 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 21
November 2024.
If you do not agree and we are unable to process your request within the
30-day period expiring on 22 October 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 8 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
If you would like to dicuss plese provide a phone number and suitable time
to call, alternatively we will contact you using the email address you
have provided.
In the meantime, if you have any questions or need help, please contact us
at [6][NDIA request email].
Regards
Kate (KIM627)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [7][NDIA request email]
[8]NDIA logo
[9]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.
[10]Aboriginal and Torres Strait Islander flags graphic
Dear Kate,
I agree to your clarification of scope suggestion.
I would like to request to the following from 1 January 2024:
1. Any correspondence between:
• the National Disability Insurance Agency (NDIA) and the Department of Social Services
• the NDIA and the office of Minister for the National Disability Insurance Scheme
• the NDIA and the Administrative Appeals Tribunal (AAT)
regarding finalising disputes prior to the new legislation coming into effect on 3rd October 2024
2. Any directives from the NDIA to the AAT regarding the resolution of cases in preparation for implementing the new legislation.
3. Any information held by the NDIA on how the new legislation may impact freshly resolved disputes and newly implemented plans as a result of the new legislation.
Yours sincerely,
Ivy
Good Afternoon Ivy,
Thank you for agreeing to the revised scope for your request. Can I
please also confirm that you agree to an extension of time of 30 days to
complete your request.
If you agree to this extension, the new due date for us to decide on your
request will be 21 November 2024.
Kate
Freedom of Information Officer
Complaints Management and FOI Branch
General Counsel Division
National Disability Insurance Agency
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