Communication with NDIA about "mild autism" in 2nd half 2023
Dear Department of Social Services,
In 2023, the phrase "mild autism" came up in several media items published by the NDIS Minister. See:
* https://ministers.dss.gov.au/transcripts...
* https://ministers.dss.gov.au/transcripts...
* https://ministers.dss.gov.au/transcripts...
Please provide, in accordance with the requirements of the Freedom of Information ACT, all communication with the NDIA from the 2nd half of 2023 that mentions "mild autism".
Yours faithfully,
Bob Buckley
Thank you for your email. The Department of Social Services is currently
on Christmas shutdown until 2 January 2024. The Department will respond to
your email upon our return.
Kind regards
DSS FOI Team
Thank you for your email.
You have contacted the Freedom of Information (FOI) team of the Department
of Social Services (the Department).
If your email relates to a Freedom of Information application made under
the Commonwealth Freedom of Information Act 1982 (FOI Act), the Department
will respond to you as soon as practicable.
Further information about FOI is available on our website at:
[1]https://www.dss.gov.au/about-the-departm...
This email address is for applications under the FOI Act only. The
Department is unable to respond to non-FOI related enquiries sent to this
email address. Any correspondence received that is not an information
access request will not be responded to or forwarded. Should you have a
query unrelated to FOI, please complete our [2]online feedback, enquiry or
compliment form on our website or direct your email to
[3][email address]. Alternatively you can contact the Department by
calling 1800 634 035.
With regards
--------------------------------------------------------------------------
Freedom of Information
Legal Services Branch
Department of Social Services
E: [4][Department of Social Services request email]
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community.
We pay our respects to them and their cultures, and to Elders both past
and present.
--------------------------------------------------------------------------
References
Visible links
1. https://www.dss.gov.au/about-the-departm...
2. https://www.dss.gov.au/contact/feedback-...
3. mailto:[email address]
4. mailto:[Department of Social Services request email]
Dear Mr Buckley
Please find attached correspondence in relation to your FOI request.
Regards
DSS FOI team
Freedom of Information | Information Law
Legal Services Group
Department of Social Services
E: [1][Department of Social Services request email]
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community. We pay our respects to them and their cultures, and
to Elders both past and present.
References
Visible links
1. mailto:[Department of Social Services request email]
Dear FOI,
I write in response to the Practical Refusal Notice dated 7/1/2025, issued in relation to my FOI request (ref. LEX 52542) seeking all communications mentioning “mild autism” between the Department of Social Services (DSS) and the National Disability Insurance Agency (NDIA) for the second half of 2023. I reject your claim that processing this request would substantially and unreasonably divert the department’s resources; DSS must meet its obligations under the Freedom of Information Act 1982.
Technological Capacity and Resource Availability
DSS and its partner agencies, including Services Australia, possess the necessary technological capacity to process this request efficiently. DSS benefits from:
1. Salesforce Integration: A platform with automated keyword searches, de-duplication, and redactions. This technology significantly reduces the manual workload claimed in the refusal notice.
2. Shared ICT Services: DSS relies on Services Australia's centralized records management and ICT infrastructure, which are designed to handle high volumes of data. These systems directly contradict assertions that manual labour alone is required to process my request.
Furthermore, the Digital Transformation Agency (DTA) has actively promoted the use of generative AI and automation within government agencies, including through the National Framework for AI Assurance and the Policy for the Responsible Use of AI in Government. These tools are explicitly intended to streamline processes like FOI handling. I expect DSS to employ these modern resources to fulfill its responsibilities.
Precedents for Managing Large Requests
Your assertion that processing my request would require an unreasonable diversion of resources is unsupported by precedent. For example:
In 2024, VCAT ordered the Victorian Department of Health to process over 7,000 pages of COVID-related documents, dismissing claims of excessive burden. If other agencies can manage larger datasets, DSS’s refusal lacks justification.
Other FOI requests involving hundreds of documents have been processed without issue. The suggestion that processing my request is unfeasible undermines the department’s credibility.
Public Interest and Transparency
This request pertains to communications about “mild autism,” a topic of significant public interest. As DSS oversees policies that directly impact individuals with disabilities, transparency is paramount. The Freedom of Information Act 1982 prioritizes the public's right to access government-held information, especially where vulnerable groups are concerned. Claims of inconvenience cannot override this obligation.
Reasonable Alternatives to Refusal
To address any resource issues, I propose the following option:
1. Phased Processing: either
a. As a first stage, provide a .csv or .xlsx (not PDF) with columns of from, to, cc, subject, date, and a column with just the paragraphs from the email that mention “mild autism”; or
b. The documents could be reviewed and released in manageable batches, such as 500 (deduplicated) records per week.
2. Use of Automation Tools: AI and document management systems should be leveraged to expedite redactions and searches.
3. Refinement of Scope: I remain willing to discuss a refinement of the request if DSS provides clear and specific suggestions, though this should not be used to evade the release of relevant information.
Legal Obligations
Under the Act, DSS is required to allocate resources to process FOI requests unless it can demonstrate that the impact would be truly unreasonable. I remind you of the following:
Extensions are available for large requests, and DSS should have sought these measures rather than attempting outright refusal.
The Act emphasizes that public interest outweighs administrative inconvenience, particularly when the requested information pertains to systemic issues affecting marginalized groups.
I look forward to your timely response.
Yours sincerely,
Bob Buckley
Thank you for your email.
You have contacted the Freedom of Information (FOI) team of the Department
of Social Services (the Department).
If your email relates to a Freedom of Information application made under
the Commonwealth Freedom of Information Act 1982 (FOI Act), the Department
will respond to you as soon as practicable.
Further information about FOI is available on our website at:
[1]https://www.dss.gov.au/about-the-departm...
This email address is for applications under the FOI Act only. The
Department is unable to respond to non-FOI related enquiries sent to this
email address. Any correspondence received that is not an information
access request will not be responded to or forwarded. Should you have a
query unrelated to FOI, please complete our [2]online feedback, enquiry or
compliment form on our website or direct your email to
[3][email address]. Alternatively you can contact the Department by
calling 1800 634 035.
With regards
--------------------------------------------------------------------------
Freedom of Information
Legal Services Branch
Department of Social Services
E: [4][Department of Social Services request email]
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community.
We pay our respects to them and their cultures, and to Elders both past
and present.
--------------------------------------------------------------------------
References
Visible links
1. https://www.dss.gov.au/about-the-departm...
2. https://www.dss.gov.au/contact/feedback-...
3. mailto:[email address]
4. mailto:[Department of Social Services request email]
Dear Mr Buckley
Thank you for your email of 9 January 2025 where you indicated you are willing to discuss a refinement of the request.
Unfortunately, without more information about the documents you are looking for, we are unable to suggest feasible ways or provide sufficient advice on how to reduce the size of your request.
As previously mentioned, you may wish to reduce the date range or provide more context about the communication topics you are seeking.
In accordance with s 24AB(6) of the FOI Act, could you please do one of the following by 21 January 2025:
a) withdraw the request;
b) make a revised request; or
c) indicate that you do not wish to revise the request.
Under s 24AB(7) of the FOI Act, the request is taken to have been withdrawn at the end of the 14-day consultation period (ie: 21 January) if you do not do one of the things mentioned above before the end of the consultation period.
If you are unable to meet this deadline and wish to arrange an extension of time in which to consider this matter (s 24AB(5)), or would like to discuss how you could best revise the scope of the request, please contact the FOI team by email at [email address] at your earliest convenience.
Regards
DSS FOI team
Freedom of Information | Information Law
Legal Services Group
Department of Social Services
E: [Department of Social Services request email]
The Department of Social Services acknowledges the traditional owners of country throughout Australia, and their continuing connection to land, water and community. We pay our respects to them and their cultures, and to Elders both past and present.
-----Original Message-----
From: Bob Buckley <[FOI #12667 email]>
Sent: Thursday, 9 January 2025 3:40 PM
To: FOI <[Department of Social Services request email]>
Subject: Re: FOI LEX 52542 - Notice of intention to refuse [SEC=OFFICIAL]
Dear FOI,
I write in response to the Practical Refusal Notice dated 7/1/2025, issued in relation to my FOI request (ref. LEX 52542) seeking all communications mentioning “mild autism” between the Department of Social Services (DSS) and the National Disability Insurance Agency (NDIA) for the second half of 2023. I reject your claim that processing this request would substantially and unreasonably divert the department’s resources; DSS must meet its obligations under the Freedom of Information Act 1982.
Technological Capacity and Resource Availability
DSS and its partner agencies, including Services Australia, possess the necessary technological capacity to process this request efficiently. DSS benefits from:
1. Salesforce Integration: A platform with automated keyword searches, de-duplication, and redactions. This technology significantly reduces the manual workload claimed in the refusal notice.
2. Shared ICT Services: DSS relies on Services Australia's centralized records management and ICT infrastructure, which are designed to handle high volumes of data. These systems directly contradict assertions that manual labour alone is required to process my request.
Furthermore, the Digital Transformation Agency (DTA) has actively promoted the use of generative AI and automation within government agencies, including through the National Framework for AI Assurance and the Policy for the Responsible Use of AI in Government. These tools are explicitly intended to streamline processes like FOI handling. I expect DSS to employ these modern resources to fulfill its responsibilities.
Precedents for Managing Large Requests
Your assertion that processing my request would require an unreasonable diversion of resources is unsupported by precedent. For example:
In 2024, VCAT ordered the Victorian Department of Health to process over 7,000 pages of COVID-related documents, dismissing claims of excessive burden. If other agencies can manage larger datasets, DSS’s refusal lacks justification.
Other FOI requests involving hundreds of documents have been processed without issue. The suggestion that processing my request is unfeasible undermines the department’s credibility.
Public Interest and Transparency
This request pertains to communications about “mild autism,” a topic of significant public interest. As DSS oversees policies that directly impact individuals with disabilities, transparency is paramount. The Freedom of Information Act 1982 prioritizes the public's right to access government-held information, especially where vulnerable groups are concerned. Claims of inconvenience cannot override this obligation.
Reasonable Alternatives to Refusal
To address any resource issues, I propose the following option:
1. Phased Processing: either
a. As a first stage, provide a .csv or .xlsx (not PDF) with columns of from, to, cc, subject, date, and a column with just the paragraphs from the email that mention “mild autism”; or
b. The documents could be reviewed and released in manageable batches, such as 500 (deduplicated) records per week.
2. Use of Automation Tools: AI and document management systems should be leveraged to expedite redactions and searches.
3. Refinement of Scope: I remain willing to discuss a refinement of the request if DSS provides clear and specific suggestions, though this should not be used to evade the release of relevant information.
Legal Obligations
Under the Act, DSS is required to allocate resources to process FOI requests unless it can demonstrate that the impact would be truly unreasonable. I remind you of the following:
Extensions are available for large requests, and DSS should have sought these measures rather than attempting outright refusal.
The Act emphasizes that public interest outweighs administrative inconvenience, particularly when the requested information pertains to systemic issues affecting marginalized groups.
I look forward to your timely response.
Yours sincerely,
Bob Buckley
-----Original Message-----
Dear Mr Buckley
Please find attached correspondence in relation to your FOI request.
Regards
DSS FOI team
Freedom of Information | Information Law
Legal Services Group
Department of Social Services
E: [1][Department of Social Services request email]
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community. We pay our respects to them and their cultures, and
to Elders both past and present.
References
Visible links
1. mailto:[Department of Social Services request email]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #12667 email]
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:
https://www.righttoknow.org.au/help/offi...
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.
-------------------------------------------------------------------
Dear FOI,
Please reply to my last email. It contains specific option for revising or progressing my request. Your response did not address any of those. I indicated that I am happy to discuss or clarify those suggestions.
Yours sincerely,
Bob Buckley
Thank you for your email.
You have contacted the Freedom of Information (FOI) team of the Department
of Social Services (the Department).
If your email relates to a Freedom of Information application made under
the Commonwealth Freedom of Information Act 1982 (FOI Act), the Department
will respond to you as soon as practicable.
Further information about FOI is available on our website at:
[1]https://www.dss.gov.au/about-the-departm...
This email address is for applications under the FOI Act only. The
Department is unable to respond to non-FOI related enquiries sent to this
email address. Any correspondence received that is not an information
access request will not be responded to or forwarded. Should you have a
query unrelated to FOI, please complete our [2]online feedback, enquiry or
compliment form on our website or direct your email to
[3][email address]. Alternatively you can contact the Department by
calling 1800 634 035.
With regards
--------------------------------------------------------------------------
Freedom of Information
Legal Services Branch
Department of Social Services
E: [4][Department of Social Services request email]
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community.
We pay our respects to them and their cultures, and to Elders both past
and present.
--------------------------------------------------------------------------
References
Visible links
1. https://www.dss.gov.au/about-the-departm...
2. https://www.dss.gov.au/contact/feedback-...
3. mailto:[email address]
4. mailto:[Department of Social Services request email]
Dear Mr Buckley
On 7 January 2025 the Department issued a notice of intention to refuse
this request on practical refusal grounds. This notice requested that you
take one of the following actions by 21 January 2025, or your request
would be taken to be withdrawn:
a) withdraw the request;
b) make a revised request; or
c) indicate that you do not wish to revise the request.
On 9 January 2025 you responded to this notice, requesting that the
Department create a document containing extracts of all relevant documents
for your review, or that the Department otherwise process the request in
its original form.
As you did not take any of the actions set out in the notice, the request
was taken to be withdrawn on 21 January 2025.
Regards
FOI Officer
Information Law Section
Department of Social Services
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community. We pay our respects to them and their cultures, and
to Elders both past and present.
--------------------------------------------------------------------------
Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake). If you are not the intended recipient, you
must not use, disclose, copy or retain it. If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy. Recipients within DSS should seek
assistance from DSS Legal before disseminating this email to third parties
or using this advice for a different matter.
--------------------------------------------------------------------------
-----Original Message-----
From: Bob Buckley <[FOI #12667 email]>
Sent: Tuesday, 14 January 2025 11:27 AM
To: FOI <[Department of Social Services request email]>
Subject: RE: FOI LEX 52542 - Notice of intention to refuse [SEC=OFFICIAL]
Dear FOI,
Please reply to my last email. It contains specific option for revising or
progressing my request. Your response did not address any of those. I
indicated that I am happy to discuss or clarify those suggestions.
Yours sincerely,
Bob Buckley
-----Original Message-----
Dear Mr Buckley
Thank you for your email of 9 January 2025 where you indicated you are
willing to discuss a refinement of the request.
Unfortunately, without more information about the documents you are
looking for, we are unable to suggest feasible ways or provide sufficient
advice on how to reduce the size of your request.
As previously mentioned, you may wish to reduce the date range or provide
more context about the communication topics you are seeking.
In accordance with s 24AB(6) of the FOI Act, could you please do one of
the following by 21 January 2025:
a) withdraw the request;
b) make a revised request; or
c) indicate that you do not wish to revise the request.
Under s 24AB(7) of the FOI Act, the request is taken to have been
withdrawn at the end of the 14-day consultation period (ie: 21 January) if
you do not do one of the things mentioned above before the end of the
consultation period.
If you are unable to meet this deadline and wish to arrange an extension
of time in which to consider this matter (s 24AB(5)), or would like to
discuss how you could best revise the scope of the request, please contact
the FOI team by email at [email address] at your earliest convenience.
Regards
DSS FOI team
Freedom of Information | Information Law Legal Services Group Department
of Social Services
E: [Department of Social Services request email]
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community. We pay our respects to them and their cultures, and
to Elders both past and present.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[1][FOI #12667 email]
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:
[2]https://www.righttoknow.org.au/help/offi...
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:[FOI #12667 email]
2. https://www.righttoknow.org.au/help/offi...
Dear FOI,
I strongly dispute your interpretation of my previous communication. As you acknowledge, I suggest a revised approach. It is my contention that I did take one of the actions set out in the notice. I most certainly did not "c) indicate that you do not wish to revise the request.". I dispute your grounds for deciding my request was withdrawn.
Please reinstate my request and either accept my revised request or explain why my proposed revision is unacceptable.
Yours sincerely,
Bob Buckley
Thank you for your email.
You have contacted the Freedom of Information (FOI) team of the Department
of Social Services (the Department).
If your email relates to a Freedom of Information application made under
the Commonwealth Freedom of Information Act 1982 (FOI Act), the Department
will respond to you as soon as practicable.
Further information about FOI is available on our website at:
[1]https://www.dss.gov.au/about-the-departm...
This email address is for applications under the FOI Act only. The
Department is unable to respond to non-FOI related enquiries sent to this
email address. Any correspondence received that is not an information
access request will not be responded to or forwarded. Should you have a
query unrelated to FOI, please complete our [2]online feedback, enquiry or
compliment form on our website or direct your email to
[3][email address]. Alternatively you can contact the Department by
calling 1800 634 035.
With regards
--------------------------------------------------------------------------
Freedom of Information
Legal Services Branch
Department of Social Services
E: [4][Department of Social Services request email]
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community.
We pay our respects to them and their cultures, and to Elders both past
and present.
--------------------------------------------------------------------------
References
Visible links
1. https://www.dss.gov.au/about-the-departm...
2. https://www.dss.gov.au/contact/feedback-...
3. mailto:[email address]
4. mailto:[Department of Social Services request email]
Dear Mr Buckley
The Department’s view is that you did not refine the scope of the request,
but instead requested that an alternate document be made.
We understand that you are seeking the creation of this document via the
FOI request FOI 52785. You will be provided with a decision on this
request by or on the statutory deadline of 3 March 2025.
Regards
FOI Officer
Information Law Section
Department of Social Services
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community. We pay our respects to them and their cultures, and
to Elders both past and present.
--------------------------------------------------------------------------
Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake). If you are not the intended recipient, you
must not use, disclose, copy or retain it. If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy. Recipients within DSS should seek
assistance from DSS Legal before disseminating this email to third parties
or using this advice for a different matter.
--------------------------------------------------------------------------
-----Original Message-----
From: Bob Buckley <[FOI #12667 email]>
Sent: Thursday, 30 January 2025 7:44 AM
To: FOI <[Department of Social Services request email]>
Subject: RE: FOI LEX 52542 - Notice of intention to refuse [SEC=OFFICIAL]
Dear FOI,
I strongly dispute your interpretation of my previous communication. As
you acknowledge, I suggest a revised approach. It is my contention that I
did take one of the actions set out in the notice. I most certainly did
not "c) indicate that you do not wish to revise the request.". I dispute
your grounds for deciding my request was withdrawn.
Please reinstate my request and either accept my revised request or
explain why my proposed revision is unacceptable.
Yours sincerely,
Bob Buckley
-----Original Message-----
Dear Mr Buckley
On 7 January 2025 the Department issued a notice of intention to refuse
this request on practical refusal grounds. This notice requested that you
take one of the following actions by 21 January 2025, or your request
would be taken to be withdrawn:
a) withdraw the request;
b) make a revised request; or
c) indicate that you do not wish to revise the request.
On 9 January 2025 you responded to this notice, requesting that the
Department create a document containing extracts of all relevant documents
for your review, or that the Department otherwise process the request in
its original form.
As you did not take any of the actions set out in the notice, the request
was taken to be withdrawn on 21 January 2025.
Regards
FOI Officer
Information Law Section
Department of Social Services
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community. We pay our respects to them and their cultures, and
to Elders both past and present.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[1][FOI #12667 email]
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:
[2]https://www.righttoknow.org.au/help/offi...
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:[FOI #12667 email]
2. https://www.righttoknow.org.au/help/offi...
David Wright left an annotation ()
This is extremely obstructive correspondence from DSS. It refused to engage properly in a discussion with you about the possible refinement of your request, or consider/address any of the options you suggested about how this might be done. I would send this to OAIC.