Automatic plan top ups

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

3 followers

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,

Several times this year the Minister for the NDIS, Bill Shorten, has made reference to "automatic top-up" of plan or funding payments.

I seek all information held by the NDIA containing:

1. Information sought by Minister Shorten or his office from the NDIA about plan or funding top up payments, which include the word "automatic":
2. Information provided by the NDIA to Minster Shorten or his office about plan or funding top up payments, which include the word "automatic".

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
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.

**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************

References

hide quoted sections

image001.png

31K Download
image002.png

0K Download
image003.png

2K Download

Dear David Wright,

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:

"Several times this year the Minister for the NDIS, Bill Shorten,
has made reference to "automatic top-up" of plan or funding payments.

I seek all information held by the NDIA containing:

1. Information sought by Minister Shorten or his office from the NDIA
about plan or funding top up payments, which include the word "automatic":

2. Information provided by the NDIA to Minster Shorten or his office about
plan or funding top up payments, which include the word "automatic"

Processing timeframes

The 30-day statutory period for processing your request commenced from 28
August 2024, in accordance with section 15(5)(b) of the FOI Act. A
decision from us is due to you by 27 September 2024.

Extension of time under section 15AA of the FOI Act

To prevent your application from going deemed and to preserve your
internal review rights, I am seeking your agreement to grant me a 15
day-extension of time, making the new due date 18 October 2024. I will
need your response in writing, otherwise your matter will be a deemed
refusal (section 15AC of the FOI Act).

We are required to continue processing your request and provide you with a
decision even after your matter has become deemed, however as mentioned
above, you will loose your internal review rights.

Irrelevant information

Section 22 of the FOI Act permits us to provide FOI applicants with access
to edited copies of documents with irrelevant material deleted.

Disclosure Log

Information released under the FOI Act may be published on the NDIA’s
disclosure log located on our website at [1]FOI Disclosure log |
NDIS. The disclosure log requirement does not apply to personal
information about any person if publication of that information would be
'unreasonable'.

If you have any concerns about the publication of the information you have
requested, please contact us at [2][NDIA request email].

Action Required

Please respond to this email by 27 September 2024 advising if you agree to
the small extension sought and the removal of surnames and contact details
of NDIA

Further help

Please contact me at [3][NDIA request email] if you have any questions or need
help.

Kind Regards

Kate (KIM627)

Senior Freedom of Information Officer

Governance, Risk & Legal - Complaints Management and FOI

General Counsel Division

National Disability Insurance Agency

E [4][email address]

[5]NDIA logo

[6]LGBTIQA+ rainbow graphic

[7]Aboriginal and Torres Strait Islander flags graphic

-----Original Message-----
From: David Wright <[FOI #11956 email]>
Sent: Wednesday, August 28, 2024 12:04 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - Automatic plan top ups

[You don't often get email from
[8][FOI #11956 email]. Learn why this is
important at [9]https://aka.ms/LearnAboutSenderIdentific... ]

Dear National Disability Insurance Agency,

Several times this year the Minister for the NDIS, Bill Shorten, has made
reference to "automatic top-up" of plan or funding payments.

I seek all information held by the NDIA containing:

1. Information sought by Minister Shorten or his office from the NDIA
about plan or funding top up payments, which include the word "automatic":

2. Information provided by the NDIA to Minster Shorten or his office about
plan or funding top up payments, which include the word "automatic".

Yours faithfully,

David Wright

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

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

[10][FOI #11956 email]

Is [11][NDIA request email] the wrong address for Freedom of Information
requests to National Disability Insurance Agency? If so, please contact us
using this form:

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

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[13]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. https://www.ndis.gov.au/about-us/policie...
2. mailto:[NDIA request email]
3. mailto:[NDIA request email]
4. mailto:[email address]
8. mailto:[FOI #11956 email]
9. https://aka.ms/LearnAboutSenderIdentific...
10. mailto:[FOI #11956 email]
11. mailto:[NDIA request email]
12. https://www.righttoknow.org.au/change_re...
13. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Kate,

Yes I agree to grant you a 15 day-extension of time, making the new due date 18 October 2024. I also confirm that contact details and surnames of NDIA staff are irrelevant to my request.

Yours sincerely,

David Wright

image001.png

11K Download
image002.png

0K Download
image003.png

2K Download

Dear David

Thank you for your agreement to an extension of time under 15AA of 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 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 January 2024 - 28 August 2024 (date of application)

Can you please respond to this email by 5:00pm 1 October 2024 and confirm
agreement with above suggestion 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

Kate (KIM627)

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 #11956 email]>
Sent: Wednesday, September 25, 2024 4:39 PM
To: Maguire, Kate <[email address]>
Subject: Re: FOI 23/24-0249 Your request for information â€“
Acknowledgement and Request for Extension [SEC=OFFICIAL]

Dear Kate,

Yes I agree to grant you a 15 day-extension of time, making the new due
date 18 October 2024. I also confirm that contact details and surnames of
NDIA staff are irrelevant to my request.

Yours sincerely,

David Wright

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

Dear David Wright,

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:

"Several times this year the Minister for the NDIS, Bill Shorten,

has made reference to "automatic top-up" of plan or funding payments.

I seek all information held by the NDIA containing:

1. Information sought by Minister Shorten or his office from the NDIA

about plan or funding top up payments, which include the word "automatic":

2. Information provided by the NDIA to Minster Shorten or his office about

plan or funding top up payments, which include the word "automatic"

Processing timeframes

The 30-day statutory period for processing your request commenced from 28

August 2024, in accordance with section 15(5)(b) of the FOI Act. A

decision from us is due to you by 27 September 2024.

Extension of time under section 15AA of the FOI Act

To prevent your application from going deemed and to preserve your

internal review rights, I am seeking your agreement to grant me a 15

day-extension of time, making the new due date 18 October 2024. I will

need your response in writing, otherwise your matter will be a deemed

refusal (section 15AC of the FOI Act).

We are required to continue processing your request and provide you with a

decision even after your matter has become deemed, however as mentioned

above, you will loose your internal review rights.

Irrelevant information

Section 22 of the FOI Act permits us to provide FOI applicants with access

to edited copies of documents with irrelevant material deleted.

Disclosure Log

Information released under the FOI Act may be published on the NDIA’s

disclosure log located on our website at [1]FOI Disclosure log |

NDIS. The disclosure log requirement does not apply to personal

information about any person if publication of that information would be

'unreasonable'.

If you have any concerns about the publication of the information you have

requested, please contact us at [2][NDIA request email].

Action Required

Please respond to this email by 27 September 2024 advising if you agree to

the small extension sought and the removal of surnames and contact details

of NDIA

Further help

Please contact me at [3][NDIA request email] if you have any questions or
need

help.

Kind Regards

Kate (KIM627)

Senior Freedom of Information Officer

Governance, Risk & Legal - Complaints Management and FOI

General Counsel Division

National Disability Insurance Agency

E [4][email address]

[5]NDIA logo

[6]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.

[7]Aboriginal and Torres Strait Islander flags graphic

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

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

[6][FOI #11956 email]

[7]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 #11956 email]
7. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Kate

Yes I am happy to narrow the date range of my request to the one you have suggested:
January 2024 - 28 August 2024 (date of application)

Yours sincerely,

David Wright

Dear FOI

This is now overdue. Would you please provide it, or alternatively indicate to me when I can expect to receive it.

Yours sincerely,

David Wright

image001.png

32K Download
image002.png

0K Download
image003.png

3K Download

Dear David

I have proceeded with processing this FOI request and at this stage, I am
still awaiting on responses from business areas.

As this matter is now classified as a deemed refusal decision (due to not
meeting the decision deadline), internal review of this decision is not an
option.

However, if you have concern with any aspect of this decision, please
contact the NDIA FOI team by email [1][NDIA request email] or by post:

Freedom of Information Section

Complaints Management & FOI Branch

General Counsel Division

National Disability Insurance Agency

GPO Box 700

CANBERRA ACT 2601

I extend my apologies to you and wish to reassure you that I am continuing
to process the request as a matter of priority.

If you have any questions in the meantime, please reach out to
[2][NDIA request email]

Kind regards

Kate (KIM627)

Senior Freedom of Information Officer

Governance, Risk & Legal - Complaints Management and FOI

General Counsel Division

National Disability Insurance Agency

E [3][email address]

[4][IMG]

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

From: David Wright <[5][FOI #11956 email]>

Sent: 22 October 2024 22:25

To: foi <[6][NDIA request email]>

Subject: RE: FOI 23/24-0249 – Request Consultation process [SEC=OFFICIAL]

[You don't often get email from
[7][FOI #11956 email]. Learn why this is
important at [8]https://aka.ms/LearnAboutSenderIdentific... ]

Dear FOI

This is now overdue. Would you please provide it, or alternatively
indicate to me when I can expect to receive it.

Yours sincerely,

David Wright

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

Dear David

Thank you for your agreement to an extension of time under 15AA of 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 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 January 2024 - 28 August 2024 (date of application)

Can you please respond to this email by 5:00pm 1 October 2024 and confirm

agreement with above suggestion 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

Kate (KIM627)

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

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:

[9][FOI #11956 email]

[10]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]
3. mailto:[email address]
4. https://intranet.ndiastaff.ndia.gov.au/h...
5. mailto:[FOI #11956 email]
6. mailto:[NDIA request email]
7. mailto:[FOI #11956 email]
8. https://aka.ms/LearnAboutSenderIdentific...
9. mailto:[FOI #11956 email]
10. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Kare

I note your advice that 'As this matter is now classified as a deemed refusal decision (due to not
meeting the decision deadline), internal review of this decision is not an option.'

May I ask why you did not seek an extension of time on the request, thereby preserving my review rights?

Yours sincerely,

David Wright

image001.png

11K Download
image002.png

0K Download
image003.png

2K Download

Dear David,

Thank you for your email below.

Unfortunately, it is currently taking longer than we would like to process
FOI requests. This is due to a high volume of FOI requests.

Applying to the OAIC for an extension of time

An agency may apply to the OAIC for an extension of time in two
circumstances.

The first is when an FOI request is complex or voluminous. These
applications are made under section 15AB of the FOI Act and need to be
made before the expiration of the processing period under section 15(5) of
the Act.

The second circumstance in which an agency can apply to OAIC for an
extension of time is described in section 15AC of the Act. This type of
application can occur when the processing period has expired. If OAIC
grant this type of extension, the agency is no longer deemed to have
refused the request. This means that the FOI applicant’s right to an
internal review is preserved.

In the present case, we did not apply for a section 15AB extension because
your request was not complex or voluminous.

In deciding whether to seek an extension under section 15AC, we considered
the Information Commissioner’s Guidelines, which relevantly state:

In considering whether further time may be appropriate, the Information
Commissioner will take into account the details in the agency’s
application, which should address the scope and complexity of the request,
the reasons for delay in making an initial decision, the extension sought,
the estimated total processing time, and whether discussions with the
applicant about the delay and the extension application have occurred. The
Commissioner will also consider the total elapsed processing time and the
desirability of the decision being decided by the agency or minister
rather than by IC review.

As stated, considering your application was neither very large nor
complex, we considered it unlikely that OAIC would grant us an extension
under section 15AC. It seemed to us preferable to work towards providing
you with a decision as soon as we could rather than delaying that by
making what was likely to be an unsuccessful application.

I appreciate your patience as we work to finalise your FOI request in a
timely and efficient manner.

Kind regards

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

[4]Aboriginal and Torres Strait Islander flags graphic

-----Original Message-----
From: David Wright <[5][FOI #11956 email]>
Sent: Tuesday, 29 October 2024 10:02 PM
To: foi <[6][NDIA request email]>
Subject: Re: FOI 23/24-0249 – Delay in Notice of Decision [SEC=OFFICIAL]

Dear Kare

I note your advice that 'As this matter is now classified as a deemed
refusal decision (due to not

meeting the decision deadline), internal review of this decision is not an
option.'

May I ask why you did not seek an extension of time on the request,
thereby preserving my review rights?

Yours sincerely,

David Wright

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

Dear David

I have proceeded with processing this FOI request and at this stage, I am

still awaiting on responses from business areas.

As this matter is now classified as a deemed refusal decision (due to not

meeting the decision deadline), internal review of this decision is not an

option.

However, if you have concern with any aspect of this decision, please

contact the NDIA FOI team by email [1][NDIA request email] or by post:

Freedom of Information Section

Complaints Management & FOI Branch

General Counsel Division

National Disability Insurance Agency

GPO Box 700

CANBERRA ACT 2601

I extend my apologies to you and wish to reassure you that I am continuing

to process the request as a matter of priority.

If you have any questions in the meantime, please reach out to

[2][NDIA request email]

Kind regards

Kate (KIM627)

Senior Freedom of Information Officer

Governance, Risk & Legal - Complaints Management and FOI

General Counsel Division

National Disability Insurance Agency

E [3][email address]

[4][IMG]

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.

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

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

[7][FOI #11956 email]

[8]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]
3. https://intranet.ndiastaff.ndia.gov.au/h...
5. mailto:[FOI #11956 email]
6. mailto:[NDIA request email]
7. mailto:[FOI #11956 email]
8. https://www.righttoknow.org.au/help/offi...

hide quoted sections

3 followers

Right to Know

Automatic plan top ups

3 Attachments

3 Attachments

3 Attachments

3 Attachments

Want to know something?

Act on what you've learnt

Requests like this

Technical Advisory Team (TAT) de-identified, general advices relating to ASD

ABA step-down model

Yammer groups for NDIS staff relating to ASD

IME/Expert witness payments for matters at the AAT

2023-2024 expenditure for AAT matters

Number of FOI requests last financial year

AAT, NDIA and Ministerial correspondence request

Audit of AAT matters

Review of NDIS plans after AAT outcomes

Psychosocial operational guidelines for new legislation

Right to Know