Contract CN4089371
Dear FOI Officer,
I am writing to formally request access to documents under the Freedom of Information Act 1982 (Cth). This request concerns the specific contract identified as CN4089371, which was executed between the NDIS Quality and Safeguards Commission and The Martinez HWL Practice Trust for the provision of legal services.
Given the importance of transparency in the use of public funds, and the critical role of the NDIS Quality and Safeguards Commission in safeguarding the rights and well-being of individuals with disabilities, I seek access to the following documents and information:
1. Full Contract Documentation
I request a complete and unredacted copy of the contract CN4089371, including all associated documents such as:
The main contract document,
All annexures, schedules, and attachments,
Any specific terms and conditions applicable to the contract.
2. Scope of Work
Please provide all documents that detail the scope of work under this contract. This should include, but not be limited to:
Descriptions of the legal services to be provided by The Martinez HWL Practice Trust,
The specific deliverables expected,
Any milestones or timelines for the provision of these services,
Roles and responsibilities assigned to both parties under this agreement.
3. Evaluation and Selection Criteria
I seek access to documents that describe the process and criteria used to select The Martinez HWL Practice Trust for this contract. This may include:
Evaluation reports or assessments conducted during the procurement process,
The criteria against which bids or proposals were evaluated,
Records of any meetings or decisions made in selecting this provider.
4. Correspondence and Communication
Please provide copies of all correspondence and communications between the NDIS Quality and Safeguards Commission and The Martinez HWL Practice Trust related to:
The negotiation and drafting of this contract,
Any clarifications sought by either party during the contract formation process,
Discussions regarding the execution and management of the contract.
5. Amendments, Variations, and Extensions
If there have been any amendments, variations, or extensions to the original contract, I request copies of:
The documents detailing such amendments or variations,
Correspondence or agreements that pertain to these changes,
Any additional memorandums of understanding or similar documents that may alter the terms of the original contract.
6. Compliance and Performance Reports
If applicable, I also request access to any documents or reports that assess the performance or compliance of The Martinez HWL Practice Trust with the terms of the contract. This includes:
Internal or external audit reports,
Compliance assessments,
Any corrective actions or notices issued in relation to the contract.
Format of Documents
I would appreciate it if the requested documents could be provided in electronic format where possible, to facilitate ease of access and review.
Consideration of Exemptions
Should any part of the requested documents be subject to exemption under the FOI Act, I request that you provide a detailed explanation for such exemptions, and wherever possible, release the non-exempt portions of the documents in line with the Act's intent to promote transparency.
Fee Waiver Request
In accordance with the FOI Act, I request a waiver of any associated fees for this request. The information sought is of significant public interest, particularly concerning the expenditure of public funds and the operation of a national regulatory body. The transparency of these operations directly impacts public trust and accountability.
Thank you for your attention to this matter. I look forward to your prompt and thorough response within the statutory period prescribed by the FOI Act.
Yours sincerely,
AP
Thank you for emailing the NDIS Quality and Safeguards Commission.
This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.
Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.
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Dear Sir/madam,
Thank you for your email received by the NDIS Quality and Safeguards Commission (NDIS Commission) on 23 August 2024, in which you requested access to documents under the Commonwealth Freedom of Information Act 1982 (FOI Act).
Your request for documents
You have requested access to the following documents:
Access to documents under the Freedom of Information Act 1982 (Cth). This request concerns the specific contract identified as CN4089371, which was executed between the NDIS Quality and Safeguards Commission and The Martinez HWL Practice Trust for the provision of legal services.
1. Full Contract Documentation
I request a complete and unredacted copy of the contract CN4089371, including all associated documents such as:
The main contract document,
All annexures, schedules, and attachments, Any specific terms and conditions applicable to the contract.
2. Scope of Work
Please provide all documents that detail the scope of work under this contract. This should include, but not be limited to:
Descriptions of the legal services to be provided by The Martinez HWL Practice Trust, The specific deliverables expected, Any milestones or timelines for the provision of these services, Roles and responsibilities assigned to both parties under this agreement.
3. Evaluation and Selection Criteria
I seek access to documents that describe the process and criteria used to select The Martinez HWL Practice Trust for this contract. This may include:
Evaluation reports or assessments conducted during the procurement process, The criteria against which bids or proposals were evaluated, Records of any meetings or decisions made in selecting this provider.
4. Correspondence and Communication
Please provide copies of all correspondence and communications between the NDIS Quality and Safeguards Commission and The Martinez HWL Practice Trust related to:
The negotiation and drafting of this contract, Any clarifications sought by either party during the contract formation process, Discussions regarding the execution and management of the contract.
5. Amendments, Variations, and Extensions If there have been any amendments, variations, or extensions to the original contract, I request copies of:
The documents detailing such amendments or variations, Correspondence or agreements that pertain to these changes, Any additional memorandums of understanding or similar documents that may alter the terms of the original contract.
6. Compliance and Performance Reports
If applicable, I also request access to any documents or reports that assess the performance or compliance of The Martinez HWL Practice Trust with the terms of the contract. This includes:
Internal or external audit reports,
Compliance assessments,
Any corrective actions or notices issued in relation to the contract.
Timeline
The statutory period for processing your request is 30 days commencing from the day after your request was received. The due date for a decision on access is 23 September 2024.
The 30-day period may be extended under certain conditions, for instance where documents contain information regarding third parties and consultation is required. We will advise you if this happens and of any adjustment to the request due date.
Possible third-party consultation
Some documents that fall within the scope of an FOI request may include the personal information of other individuals who are not the FOI applicant. For instance, there may be names and contact information of providers or their staff, or other participants, their carers or representatives.
If you are not interested in obtaining access to third parties’ personal information, you may agree to remove that information from the scope of your request.
If consultation with third-parties is required for any documents in scope of your request, can you please advise whether you consent to be identified as the FOI applicant for the purposes of that consultation. Your consent is voluntary, however it can assist third parties to form their views on release if they can know who is requesting access to their information.
If you are seeking access to documents that contain the personal information of other individual/s, please provide a signed letter of consent from the other individual/s to establish that you are authorised to access their information.
Please note that processing of your request will continue, but the NDIS Commission will not be able to release personal information without receiving evidence of your identity, or the consent of any other individual/s that may be required.
The NSID Commission’s Privacy Collection Statement and Privacy Policy provide information about the collection and use of personal information for agency purposes. In this instance, any personal information and identity document you provide is only available to the FOI team, and any documents you provide will be used to facilitate processing of your Freedom of Information request.
Removal of irrelevant information
Section 22 of the FOI Act provides for the removal of material that is not relevant to the scope of a request. Where you are not specifically seeking personal information in the scope of your request, the personal information of Commission staff below Senior Executive Service (SES) level, and the personal information of other individuals will be treated as irrelevant material and removed from the documents. We also propose to remove duplicate documents and provide the final email in any email chains.
Next steps
Can you now please respond to this email and
• confirm the proposed request scope as outlined above
• advise whether you seek access to third parties’ personal information, or whether you agree to the removal of third parties’ information from your request’s scope.
• confirm whether you consent to be identified as the FOI applicant for the purposes of any third-party consultation that may be required, and
• confirm that you do not seek the personal information of staff below SES level and consent to the removal of duplicate documents and the provision of the final email in any email chains.
Please provide you response by COB Wednesday 28 August 2024.
Please let us know if you have any questions about the FOI process or would like to discuss this email.
Kind regards,
Deepika
Freedom of Information Unit
Legal Services and Internal Integrity Division
W: www.ndiscommission.gov.au
E: [email address]
The NDIS Quality and Safeguards Commission acknowledges the traditional owners 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 both past and present.
Dear Angelica,
Thank you for your email received by the NDIS Quality and Safeguards Commission (NDIS Commission) on 23 August 2024, in which you requested access to documents under the Commonwealth Freedom of Information Act 1982 (FOI Act).
Your request for documents
You have requested access to the following documents:
Access to documents under the Freedom of Information Act 1982 (Cth). This request concerns the specific contract identified as CN4089371, which was executed between the NDIS Quality and Safeguards Commission and The Martinez HWL Practice Trust for the provision of legal services.
1. Full Contract Documentation
I request a complete and unredacted copy of the contract CN4089371, including all associated documents such as:
The main contract document,
All annexures, schedules, and attachments, Any specific terms and conditions applicable to the contract.
2. Scope of Work
Please provide all documents that detail the scope of work under this contract. This should include, but not be limited to:
Descriptions of the legal services to be provided by The Martinez HWL Practice Trust, The specific deliverables expected, Any milestones or timelines for the provision of these services, Roles and responsibilities assigned to both parties under this agreement.
3. Evaluation and Selection Criteria
I seek access to documents that describe the process and criteria used to select The Martinez HWL Practice Trust for this contract. This may include:
Evaluation reports or assessments conducted during the procurement process, The criteria against which bids or proposals were evaluated, Records of any meetings or decisions made in selecting this provider.
4. Correspondence and Communication
Please provide copies of all correspondence and communications between the NDIS Quality and Safeguards Commission and The Martinez HWL Practice Trust related to:
The negotiation and drafting of this contract, Any clarifications sought by either party during the contract formation process, Discussions regarding the execution and management of the contract.
5. Amendments, Variations, and Extensions If there have been any amendments, variations, or extensions to the original contract, I request copies of:
The documents detailing such amendments or variations, Correspondence or agreements that pertain to these changes, Any additional memorandums of understanding or similar documents that may alter the terms of the original contract.
6. Compliance and Performance Reports
If applicable, I also request access to any documents or reports that assess the performance or compliance of The Martinez HWL Practice Trust with the terms of the contract. This includes:
Internal or external audit reports,
Compliance assessments,
Any corrective actions or notices issued in relation to the contract.
Timeline
The statutory period for processing your request is 30 days commencing from the day after your request was received. The due date for a decision on access is 23 September 2024.
The 30-day period may be extended under certain conditions, for instance where documents contain information regarding third parties and consultation is required. We will advise you if this happens and of any adjustment to the request due date.
Possible third-party consultation
Some documents that fall within the scope of an FOI request may include the personal information of other individuals who are not the FOI applicant. For instance, there may be names and contact information of providers or their staff, or other participants, their carers or representatives.
If you are not interested in obtaining access to third parties’ personal information, you may agree to remove that information from the scope of your request.
If consultation with third-parties is required for any documents in scope of your request, can you please advise whether you consent to be identified as the FOI applicant for the purposes of that consultation. Your consent is voluntary, however it can assist third parties to form their views on release if they can know who is requesting access to their information.
If you are seeking access to documents that contain the personal information of other individual/s, please provide a signed letter of consent from the other individual/s to establish that you are authorised to access their information.
Please note that processing of your request will continue, but the NDIS Commission will not be able to release personal information without receiving evidence of your identity, or the consent of any other individual/s that may be required.
The NSID Commission’s Privacy Collection Statement and Privacy Policy provide information about the collection and use of personal information for agency purposes. In this instance, any personal information and identity document you provide is only available to the FOI team, and any documents you provide will be used to facilitate processing of your Freedom of Information request.
Removal of irrelevant information
Section 22 of the FOI Act provides for the removal of material that is not relevant to the scope of a request. Where you are not specifically seeking personal information in the scope of your request, the personal information of Commission staff below Senior Executive Service (SES) level, and the personal information of other individuals will be treated as irrelevant material and removed from the documents. We also propose to remove duplicate documents and provide the final email in any email chains.
Next steps
Can you now please respond to this email and
• advise whether you seek access to third parties’ personal information, or whether you agree to the removal of third parties’ information from your request’s scope.
• confirm whether you consent to be identified as the FOI applicant for the purposes of any third-party consultation that may be required, and
• confirm that you do not seek the personal information of staff below SES level and consent to the removal of duplicate documents and the provision of the final email in any email chains.
Please provide you response by COB Wednesday 28 August 2024.
Please let us know if you have any questions about the FOI process or would like to discuss this email.
Kind regards,
Deepika
Freedom of Information Unit
Legal Services and Internal Integrity Division
W: www.ndiscommission.gov.au
E: [email address]
The NDIS Quality and Safeguards Commission acknowledges the traditional owners 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 both past and present.
Dear Deepika,
Thank you for your prompt response to my Freedom of Information request regarding Contract CN4089371 between the NDIS Quality and Safeguards Commission and The Martinez HWL Practice Trust.
In response to your questions:
1. I agree to the removal of third parties' personal information from the scope of my request. I am not seeking access to the personal details of individuals not directly related to the contract.
2. I consent to being identified as the FOI applicant for the purposes of any third-party consultation that may be required in processing my request.
3. I confirm that I do not require the personal information of Commission staff below the Senior Executive Service level. I also consent to the removal of duplicate documents and to receiving only the final email in any email chains.
Thank you for clarifying these points to facilitate the efficient processing of my request. I appreciate the Commission's efforts to balance transparency with the protection of personal privacy.
Please let me know if you require any further information from me at this stage. I look forward to receiving your decision regarding access to the requested documents.
Kind regards,
AP
Thank you for emailing the NDIS Quality and Safeguards Commission.
This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.
Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.
This is an automated email. Please do not respond.
References
Visible links
1. http://www.ndiscommission.gov.au/
Dear Ms Pumperknickle,
I refer to your Freedom of Information request for the following
documents:
“1. Full Contract Documentation
I request a complete and unredacted copy of the contract CN4089371,
including all associated documents such as:
The main contract document,
All annexures, schedules, and attachments, Any specific terms and
conditions applicable to the contract.
2. Scope of Work
Please provide all documents that detail the scope of work under this
contract. This should include, but not be limited to:
Descriptions of the legal services to be provided by The Martinez HWL
Practice Trust, The specific deliverables expected, Any milestones or
timelines for the provision of these services, Roles and responsibilities
assigned to both parties under this agreement.
3. Evaluation and Selection Criteria
I seek access to documents that describe the process and criteria used to
select The Martinez HWL Practice Trust for this contract. This may
include:
Evaluation reports or assessments conducted during the procurement
process, The criteria against which bids or proposals were evaluated,
Records of any meetings or decisions made in selecting this provider.
4. Correspondence and Communication
Please provide copies of all correspondence and communications between the
NDIS Quality and Safeguards Commission and The Martinez HWL Practice Trust
related to:
The negotiation and drafting of this contract, Any clarifications sought
by either party during the contract formation process, Discussions
regarding the execution and management of the contract.
5. Amendments, Variations, and Extensions If there have been any
amendments, variations, or extensions to the original contract, I request
copies of:
The documents detailing such amendments or variations, Correspondence or
agreements that pertain to these changes, Any additional memorandums of
understanding or similar documents that may alter the terms of the
original contract.
6. Compliance and Performance Reports
If applicable, I also request access to any documents or reports that
assess the performance or compliance of The Martinez HWL Practice Trust
with the terms of the contract. This includes:
Internal or external audit reports,
Compliance assessments,
Any corrective actions or notices issued in relation to the contract.”
Requirement for third party consultation and extension of time to process
The statutory period for processing your request is 30 days commencing
from the day after your request was received. This time period may be
extended under certain circumstances, including any requirement for
consultation with affected third parties.
During the process of your request, we have determined that we are
required to consult with third parties under section 27 and 27A of the
Freedom of Information Act 1982 (Cth). Section 15AA(6) provides for a
30-day extension of time to process a request to allow that consultation
to occur.
The original due date for a decision on access for your request was 23
September 2024. The revised due date with a 30-day extension of time for
third party consultation is 21 October 2024.
Consent to identify you as the FOI applicant
We also seek your consent to identify you as the FOI applicant for the
purposes of this third-party consultation. This would involve us notifying
the relevant third parties that you are the applicant in this request.
Your consent is optional, however it may assist third parties to make
their submissions regarding release if they are aware of the FOI
applicant’s identity.
Next steps
Can you please advise whether you consent to us identifying you as the FOI
applicant for the purposes of this third party consultation by COB 19
September 2024.
Please let us know if you have any questions about the FOI process or
would like to discuss this email.
Kind regards,
Freedom of Information Unit
Internal Integrity Unit | Legal Services and Internal Integrity Division
E: [1][NDIS Quality and Safeguards Commission request email] | W: [2]www.ndiscommission.gov.au
Dear FOI team,
Thank you for your recent correspondence. I would like to reiterate that I had already provided all necessary consents on 27 August 2024 in response to your original request. It is concerning that further clarification is being sought now, just one week before the original due date of 23 September 2024, to release the requested documents.
To recap:
1. Personal Information: On 27 August 2024, I consented to the removal of personal information of staff below the Senior Executive Service (SES) level, and, as per your original suggestion, I also agreed to exclude any third-party personal information from the scope of my request to expedite the process.
2. Duplicate Documents: On the same date, I confirmed my agreement to remove duplicate documents and receive only the final email in any chains.
3. Third-Party Consultation: On 27 August 2024, I consented to be identified as the FOI applicant for any required third-party consultations.
It is particularly concerning that despite my proactive efforts to streamline the process by removing the need for third-party personal information; this matter has resurfaced just days before the original due date of 23 September 2024. If third-party consultation was deemed necessary, this should have been apparent as early as August and addressed promptly rather than delaying the process until the last minute.
Having already addressed all outstanding issues and provided the necessary consents weeks ago, I expect my request to be processed without further delay. As initially indicated, I trust that I will receive the relevant documents by 23 September 2024.
Please confirm that the documents will be released by the original deadline without further delays.
Thank you for your attention to this matter.
AP
Thank you for emailing the NDIS Quality and Safeguards Commission.
This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.
Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.
This is an automated email. Please do not respond.
References
Visible links
1. http://www.ndiscommission.gov.au/
Dear Ms Pumperknickle,
Thank you for your email response.
NDIS Commission acknowledges that you agreed to the removal of personal information of staff below the Senior Executive Service (SES) level, and also agreed to exclude any third-party personal information from the scope of your request to expedite the process.
Section 27 of the FOI Act requires an agency to consult a person, organisation or undertaking before deciding to grant access to a document containing their business information, if the third party may wish to contend that the document is exempt under s 47 (trade secrets and commercially valuable information) or conditionally exempt under s 47G (disclosure would unreasonably affect the person’s business affairs or prejudice the supply of information, and would be contrary to the public interest).
Under section 27 of the FOI Act, an agency may be required to consult third parties on documents located and extend the due date by another 30 days without seeking consent from an applicant, and is required to notify applicants of the need for the consultations and extension of time. So far, we have identified the documents to be reviewed, and the entire document bundle requires clearance and consultations with an internal business line area and an external third party organisation.
For more information about this third-party consultation process, please refer to the Office of the Australian Information Commissioner website at:
https://www.oaic.gov.au/freedom-of-infor...
We are actively processing your request and will endeavour to finalise it as quickly as possible once these consultations have been completed and the relevant documents reviewed.
Kind regards,
Freedom of Information Unit
Internal Integrity Unit | Legal Services and Internal Integrity Division
E: [NDIS Quality and Safeguards Commission request email] | W: www.ndiscommission.gov.au
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 the NDIS Commission should seek assistance from General Counsel before disseminating this email to third parties or using this advice for a different matter.
The NDIS Quality and Safeguards Commission acknowledges the traditional owners 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 both past and present.
Dear FOI (NDIS Commission),
Just following up on my requests.
Yours sincerely,
Angelica Pumperknickle
Thank you for emailing the NDIS Quality and Safeguards Commission.
This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.
Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.
This is an automated email. Please do not respond.
References
Visible links
1. http://www.ndiscommission.gov.au/
Dear Ms Pumperknickle,
Thank you for your email.
As per the correspondence from us dated 16 September 2024, you were advised the FOI decision was due on 21 October 2024. Please be advised that it was a typo error, the correct date should be 22 October 2024 instead. We apologise for the confusion caused by this communication.
Please find attached FOI documents and a decision made by the NDIS Quality and Safeguards Commission (the NDIS Commission) in relation to your Freedom of Information (FOI) request, received by the NDIS Commission on 23 August 2024.
Should you have any queries, please contact the NDIS Commission by return email.
Kind regards,
Freedom of Information Unit
Internal Integrity Unit | Legal Services and Internal Integrity Division
E: [NDIS Quality and Safeguards Commission request email] | W: www.ndiscommission.gov.au
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 the NDIS Commission should seek assistance from General Counsel before disseminating this email to third parties or using this advice for a different matter.
The NDIS Quality and Safeguards Commission acknowledges the traditional owners 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 both past and present.