Audit of AAT matters

David Wright made this Freedom of Information request to National Disability Insurance Agency

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Response to this request is long overdue. By law, under all circumstances, National Disability Insurance Agency should have responded by now (details). You can complain by requesting an internal review.

Dear National Disability Insurance Agency,

In 2022, then-Shadow Minister for the NDIS Bill Shorten publicly stated that, if elected, the Labor party would "ask the NDIA to audit all matters where the cost of what is being argued is less than the cost to argue it at all". This was a reference to matters before the Administrative Appeals Tribunal in which the NDIA was a Respondent.

I seek all information held by the NDIA about:
1) Any request made to the NDIA by the Labor party and/or Minister Shorten and/or the Minister's office, for it conduct such an audit.
2) All information provided by the NDIA to the Labor party and/or Minister Shorten and/or the Minister's office in relation to this matter.
3) All information held internally by the NDIA about this audit.

Yours faithfully,

David Wright

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
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Please visit our [1]Access to Information webpage to find out more about
accessing information through:

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You can also request data and statistics. Please visit our [6]Data and
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If you are able to obtain your information from a source listed above, you
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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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Dear David Wright

Freedom of Information Request: Acknowledgement

Thank you for your request of 28 August 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:

“ In 2022, then-Shadow Minister for the NDIS Bill Shorten publicly stated
that, if elected, the Labor party would "ask the NDIA to audit all matters
where the cost of what is being argued is less than the cost to argue it
at all". This was a reference to matters before the Administrative
Appeals Tribunal in which the NDIA was a Respondent.

I seek all information held by the NDIA about:

1) Any request made to the NDIA by the Labor party and/or Minister Shorten
and/or the Minister's office, for it conduct such an audit.

2) All information provided by the NDIA to the Labor party and/or Minister
Shorten and/or the Minister's office in relation to this matter.

3) All information held internally by the NDIA about this audit.”

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 29 August 2024. This
30-day period expires on 27 September 2024.

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

Unfortunately, it is currently taking us 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 27 October 2024.

If you do not agree and we are unable to process your request within the
30-day period expiring on 27 September 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 27 September 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

[5]Aboriginal and Torres Strait Islander flags graphic

-----Original Message-----
From: David Wright <[FOI #11958 email]>
Sent: Wednesday, August 28, 2024 12:47 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - Audit of AAT matters

[You don't often get email from
[6][FOI #11958 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]

Dear National Disability Insurance Agency,

In 2022, then-Shadow Minister for the NDIS Bill Shorten publicly stated
that, if elected, the Labor party would "ask the NDIA to audit all matters
where the cost of what is being argued is less than the cost to argue it
at all". This was a reference to matters before the Administrative
Appeals Tribunal in which the NDIA was a Respondent.

I seek all information held by the NDIA about:

1) Any request made to the NDIA by the Labor party and/or Minister Shorten
and/or the Minister's office, for it conduct such an audit.

2) All information provided by the NDIA to the Labor party and/or Minister
Shorten and/or the Minister's office in relation to this matter.

3) All information held internally by the NDIA about this audit.

Yours faithfully,

David Wright

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[8][FOI #11958 email]

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using this form:

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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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References

Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
6. mailto:[FOI #11958 email]
7. https://aka.ms/LearnAboutSenderIdentific...
8. mailto:[FOI #11958 email]
9. mailto:[NDIA request email]
10. https://www.righttoknow.org.au/change_re...
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Dear Mykal

That is correct - NDIA staff members’ surnames and contact details are irrelevant
to my request for access.

Yours sincerely,
David Wright

Dear Mykal

I also agree to a 30-day extension of time under section 15AA of the FOI Act.

Yours sincerely,

David Wright

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Dear David

Thank you for your agreement to an extension of time under 15AA of the the
FOI Act.

Regarding your request, in its current form, I advise that there is the
potential that your request is leaning towards an unreasonable diversion
of resources due to a lack of clarity. This is because:

1. the referenced statement is unclear; and
2. there is no clear time frame for me to conduct searches.

Section 15(2)(b) of the FOI Act requires a request to:

(b) provide such information concerning the document as it
reasonably necessary to enable a responsible office of the agency to
identify it;

Request consultation process

So that I can process your request, and to remove the unreasonable
diversion of resources component, can you please provide a specific range
of the documents you are seeking. For example:

o 23 May 2022 (Date of swearing in of the Labour Party) - 29 August 2024
(date of application)

Can you also assist with scope clarity by confirming if you are seeking
the following, or amend the following in such a way as to provide more
clarity:

o Any documents where the minister and/or labour party requested the
NDIA to conduct audits of matters at AAT. Specifically, where the cost
of the AAT matter exceeded the value of the matter in issue.

Can you please respond to this email by 5:00pm 1 October 2024 and confirm
agreement with above suggestions or provide an alternate scope.

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

Thank you.

Kind regards

Wendy (WNN633)

Senior Freedom of Information Officer

Complaints Management and 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

[5]Aboriginal and Torres Strait Islander flags graphic

-----Original Message-----
From: David Wright <[FOI #11958 email]>
Sent: Wednesday, September 25, 2024 4:37 PM
To: foi <[NDIA request email]>
Subject: Re: FOI 24/25-0251 – Your request for information –
Acknowledgement & Extension of Time [SEC=OFFICIAL]

[You don't often get email from
[6][FOI #11958 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]

Dear Mykal

I also agree to a 30-day extension of time under section 15AA of the FOI
Act.

Yours sincerely,

David Wright

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

Dear David Wright

Freedom of Information Request: Acknowledgement

Thank you for your request of 28 August 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:

“ In 2022, then-Shadow Minister for the NDIS Bill Shorten publicly stated

that, if elected, the Labor party would "ask the NDIA to audit all matters

where the cost of what is being argued is less than the cost to argue it

at all". This was a reference to matters before the Administrative

Appeals Tribunal in which the NDIA was a Respondent.

I seek all information held by the NDIA about:

1) Any request made to the NDIA by the Labor party and/or Minister Shorten

and/or the Minister's office, for it conduct such an audit.

2) All information provided by the NDIA to the Labor party and/or Minister

Shorten and/or the Minister's office in relation to this matter.

3) All information held internally by the NDIA about this audit.”

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 29 August 2024. This

30-day period expires on 27 September 2024.

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

agreement.

Unfortunately, it is currently taking us 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 27 October 2024.

If you do not agree and we are unable to process your request within the

30-day period expiring on 27 September 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 27 September 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

-------------------------------------------------------------------

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

[8][FOI #11958 email]

[9]https://aus01.safelinks.protection.outlo...

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.

-------------------------------------------------------------------

References

Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
4. https://intranet.ndiastaff.ndia.gov.au/h...
6. mailto:[FOI #11958 email]
7. https://aka.ms/LearnAboutSenderIdentific...
8. mailto:[FOI #11958 email]
9. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Wendy

My request was for all information held by the NDIA about:
1) Any request made to the NDIA by the Labor party and/or Minister Shorten and/or the Minister's office, for it conduct such an audit.
2) All information provided by the NDIA to the Labor party and/or Minister Shorten and/or the Minister's office in relation to this matter.
3) All information held internally by the NDIA about this audit.

This is quite specific. The three categories above all relate to information about the audit. Each category provides clarity about the type of information about audit that I am seeking. I am not sure which part of the request is unclear to you,

You have asked me to clarify if my request is for 'Any documents where the minister and/or Labor party requested the NDIA to conduct audits of matters at AAT. Specifically, where the cost of the AAT matter exceeded the value of the matter in issue.' This statement is less specific than the request I made quoted above and only covers category (1) in my list. It excludes any information provided to the Minister by the agency about the audit, and any other internal documents such as those relating to the preparation and conduct of the audit. So it is incomplete.

I am happy to narrow the timeframe of your search. It can be for 6 months from the date that the Minister assumed office.

Yours sincerely,

David Wright

Dear foi,

This request has now exceeded the 30 day extension. Could you please provide me with this information, or let me know when I can expect to receive it?

Yours sincerely,

David Wright

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Audit of AAT matters

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