Analysis of Historical Debts
Dear National Disability Insurance Agency,
Page 78 of your 2023-2024 Annual Report states as follows
"The Agency is reviewing the circumstances in which debts were historically raised against support claims from some participants and providers. As the Agency has identified that some historical participant and provider debts require further assessment, a provision for the estimated financial impact of these assessments has been reported. The financial impact is based on the results of actuarial analysis to date and is split between providers ($6.6m) and participants ($2.5m)."
Firstly, I would like to request the most recent document or data outlining the nature of the debts within the cohort, the progress and outcome of the 'review' or 'further assessment' process the annual report refers to.
Secondly, as a separate FOI request, I would like the actuarial analysis to which the annual report refers.
Yours faithfully,
Frank N Fearless
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Kind regards
Freedom of Information Team
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [11][NDIA request email]
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Dear Frank N Fearless
Freedom of Information Request: Acknowledgement
Thank you for your request of 13 February 2025, 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:
“ ….Page 78 of your 2023-2024 Annual Report states as follows
"The Agency is reviewing the circumstances in which debts were
historically raised against support claims from some participants and
providers. As the Agency has identified that some historical participant
and provider debts require further assessment, a provision for the
estimated financial impact of these assessments has been reported. The
financial impact is based on the results of actuarial analysis to date and
is split between providers ($6.6m) and participants ($2.5m)."
Firstly, I would like to request the most recent document or data
outlining the nature of the debts within the cohort, the progress and
outcome of the 'review' or 'further assessment' process the annual report
refers to.
Secondly, as a separate FOI request, I would like the actuarial analysis
to which the annual report refers...”
Please be aware that we will will treat your request as a singular Freedom
of Information request.
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.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are 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 14 February 2025. This
30-day period expires on 15 March 2025.
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 14
April 2025.
If you do not agree and we are unable to process your request within the
30-day period expiring on 15 March 2025, 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 26 February 2025.
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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]
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[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
Dear Mykal
I have noticed the agency's recent inability to meet statutory timeframes.
To assist this, I make the following revisions to the scope of the request:
I no longer seek the actuarial analysis. I now seek only the most recent document describing "the nature of the debts within the cohort, the progress and outcome of the 'review' or 'further assessment' process". My request is now a straightforward request for factual information. You can also redact staff information. Given I have now substantially reduced the complexity of the request, I will not be consenting to any extension.
If, due to the failure to properly prioritise FOI processing within the agency, you require an extension, you should apply to OAIC under section 15AB. But given my revised scope, my request is neither complex nor voluminous. The NDIA clearly engaged with the Audit Office on this debt cohort, it also prepares estimates and senate briefs. It is easy to source cleared factual information on this cohort.
Just as a piece of feedback: I do fear that the communication I just received risks materially misleading FOI requesters by not expressly mentioning section 15AC of the FOI Act. The letter stated:
"If you do not agree and we are unable to process your request within the 30-day period expiring on 15 March 2025, we will be deemed to have refused your request and you will not have a right to seek internal review of that decision..."
In such circumstances I would expect you to apply under section 15AC(4). This would preserve my appeal rights and also subjects you to processing conditions by OAIC. It also saves the taxpayer from having two commonwealth institutions devote resources to delivering what is an everyday statutory entitlement.
My very best wishes to the agency FOI unit who are clearly operating under unacceptable constraints.
Yours sincerely,
Frank N Fearless