Drafting advice for transitional NDIS supports rule
Dear Department of Social Services,
I am writing to request the following documents for the purposes of the FOI Act:
• All drafting advice provided by DSS and/or/on behalf of the NDIA for the purposes of the "National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024", "National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (Miscellaneous Provisions) Transitional Rules 2024" and associated explanatory statements
• Any draft versions of the above rules and explanatory statements with tracked changes
• The names of any external law firms involved in drafting or advising on the transitional rules, including where employees on secondment with DSS or the NDIA were consulted
• The source of legal advice relating to the treatment of finalised AAT decisions and AAT proceedings in progress at commencement
I am happy for names to be removed with the exception of:
• SES staff
• Staff acting in SES roles
• Names of any external law firms
• If secondees of external law firms are named, these can be replaced with the name of the law firm they are on secondment from to protect personal privacy
• If non-SES staff are named, please indicate the agency and business area if redacting
Yours faithfully,
Cat
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
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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.
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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]
Good afternoon Cat
Please find attached correspondence in relation the FOI request 51816.
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.
Dear Nicola,
Thank you for explaining the nature of the practical refusal reason.
Based on your feedback, I have attempted to revise the scope by focusing on targeted draft versions/timeframes in relation only to the NDIS Supports Transitional Rules and explanatory statement, and if necessary, the associated fact sheet in 7., per the below.
I hope this will suffice to target your search and remove the practical refusal reason.
Many thanks,
Cat
REVISED SCOPE
The following draft versions of the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 legislative instrument and explanatory statement (including names of all DSS and NDIA Senior Executive Staff, tracked changes, comments, timestamps, and any other markup):
1. The first draft version of the full instrument and ES provided to the NDIA for consideration and any revisions to this version received from the NDIA in response, with markup as above.
2. If different from 1., the first draft version and explanation of what became the "Transitional rule for certain pre-commencement plans" provision, and any revisions to this version received from the NDIA, with markup as above. If only drafted as part of the full instrument and ES, then the whole documents where this version first appears if different from 1, with markup as above.
3. The first draft version and explanation of the list of eligible supports in the "Replacement supports determination" provision, and any revisions to this version received from the NDIA, with markup as above. If only drafted as part of the full instrument and ES, then the whole documents where this version first appears, with markup as above. I assume these dates can be limited to the period during which the associated Section 10(6) provision in the SK118 amendment was initially drafted and whenever the list of supports intended to be prescribed for this paragraph was first provided to the NDIA for feedback.
4. Subsequent draft versions of the list of eligible replacement supports and explanatory information provided to, and revisions received from, the NDIA between 15th August 2024 and 1st October 2024, including markup as above.
5. Any draft version or summary of the list of eligible replacement supports prepared for consultation with stakeholders external to DSS and the NDIA between 15th August 2024 and 1st October 2024.
6. If a draft provision or explanatory note exists which addresses proposed legislative treatment of matters still before the Administrative Appeals Tribunal at commencement (but was not ultimately included), or if any draft version of the instrument or ES featuring such a provision or explanatory note exists, the first draft version provided to the NDIA and any revisions to this version received from the NDIA, with markup as above. This search can be limited to dates between introduction of the SK113 amendment on 3rd June 2024 and 1st October 2024 and the associated impact of defining what is and is not an NDIS support on matters before the Tribunal at commencement.
7. If 6. does not exist, any revisions received from the NDIA to any draft version of the "Impact on reviews in the Administrative Appeals Tribunal" fact sheet published on the DSS website, with markup as above.
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]
Good afternoon Cat
For a request to be valid under the FOI Act a request needs to include
such information concerning the documents sought as is reasonably
necessary to enable a responsible officer of the Department to identify
it. The Department considers that the optional / branching aspects of the
proposed refined request are such that it is not valid under the FOI Act,
as it would require the Department to undertake further research to
determine the documents that are subject to it.
Further, under the FOI Act you may only seek access to documents, not
responses to questions, so the parts of the proposed refined request that
seeks “explanations” render it invalid.
Accordingly we do not accept the request as refined and the deadline of
11:59pm tonight to refine the request remains.
To address this issue we recommend your request so that it only seeks
identified documents, and that it specifies the documents you are seeking
without conditions that have to be met to determine whether they are in
scope of the request. An example request is below for your reference:
1. The first draft of the "Transitional rule for certain pre-commencement
plans" provision.
2. The first draft of the list of eligible supports in the "Replacement
supports determination" provision.
3. All draft versions of the list of eligible replacement supports and
explanatory information provided to the NDIA between 15th August 2024 and
1st October 2024.
4. All draft versions of eligible replacement supports prepared for
consultation with stakeholders external to DSS and the NDIA between 15th
August 2024 and 1st October 2024.
5. Any revisions received from the NDIA to any draft version of the
"Impact on reviews in the Administrative Appeals Tribunal" fact sheet
published on the DSS website.
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.
Dear FOI,
Thank you for the further update. I have attempted to do so below, however firstly note that any reference to an "explanation" is not a request for a response to a question, but a request for drafts of the explanatory statement documents prepared. Where the scope, including as further revised below, addresses these, I am requesting the draft explanatory statement for that draft provision or draft version of the transitional rules in question, to ensure changes that may have been made or deleted from the final explanatory statement as published are captured where they fall within this scope.
Please let me know if any further changes or clarifications are required.
Many thanks,
Cat
The following draft versions of the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 legislative instrument and explanatory statement, or provisions thereof where specified:
1. The first draft of the "Transitional rule for certain pre-commencement plans" provision, including the associated draft explanatory statement.
2. The first draft of the list of eligible supports in the "Replacement supports determination" provision, including the associated draft explanatory statement.
3. All draft versions of the list of eligible replacement supports and explanatory statements provided to the NDIA between 15th August 2024 and 1st October 2024.
4. All draft versions of the list of eligible replacement supports prepared for consultation with stakeholders external to DSS and the NDIA between 15th August 2024 and 1st October 2024.
5. Any revisions or feedback received from the NDIA to any draft version of the "Impact on reviews in the Administrative Appeals Tribunal" fact sheet published on the DSS website.
6. All draft versions of the full NDIS Supports Transitional Rules instrument and Explanatory Statement prepared between 12th September 2024 and 1st October 2024.
For all items except 4., please include any tracked changes, comments and markup. For all items, please include the names of DSS and NDIA SES staff where these appear.
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]
Good afternoon Cat
Please find attached the decision made in response to the Freedom of
Information request LEX 51816.
Regards
DSS FOI Team
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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]