ME/CFS - How do you require functional capacity to be demonstrated
Dear National Disability Insurance Agency,
I request a copy of all documents relating to how the NDIA requires the functional capacity of people with the neurological disability ME/CFS to be demonstrated in order to demonstrate substantially reduced functional capacity.
Yours faithfully
Julie Keys
Note this is my second request for this information.
The NDIA has not provided the information to date.
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Kind regards
Freedom of Information Team
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [11][NDIA request email]
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pay our respects to them and their cultures and to Elders past, present
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11. mailto:[NDIA request email]
Dear National Disability Insurance Agency,
This Technical Advice Board (TAB) reference document for ME/CFS can be found at: https://www.righttoknow.org.au/request/t...
This document does not address how to measure and or document functional capacity in a person with ME/CFS. As the NDIA is now aware the cardinal symptom of ME/CFS is the post exertional exacerbation of symptoms (and therefore impairments) in response to exertion. This symptom exacerbation is often delayed and hence often not observed. This means that standard functional capacity tests don't measure the cardinal symptom of the disability and under estimate the disabity.
I will modify and resubmit my request.
Yours faithfully,
Julie Keys
Dear Julie Keys
Freedom of Information Request: Acknowledgement
Thank you for your request of 5 September 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:
“ I request a copy of all documents relating to how the NDIA requires the
functional capacity of people with the neurological disability ME/CFS to
be demonstrated in order to demonstrate substantially reduced functional
capacity.”
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 6 September 2024. This
30-day period expires on 7 October 2024.
The 30-day period can be extended in a number of ways, including with your
agreement.
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. I am therefore seeking your agreement to a 30-day
extension of time under section 15AA of the FOI Act. If you agree to this
extension, the new due date for us to decide on your request will be 6
November 2024.
If you do not agree and we are unable to process your request within the
30-day period expiring on 7 October 2024 , we will be deemed to have
refused your request and you will not have a right to seek internal review
of that decision. You will, however, retain your right to external review
by the Australian Information Commissioner.
Please let us know if you agree by 1 October 2024.
Disclosure Log
Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.
If you have any concerns about the publication of the documents you have
requested, please contact me.
Next steps
Your request will be allocated to an authorised FOI decision-maker. The
decision-maker may need to contact you to discuss a range of matters,
including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Regards
Mykal
Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
Dear foi,
I am still waiting for a response to my request.
Please advise when this will be sent to me.
Yours sincerely,
Julie Keys
Dear foi,
I am still waiting for a response to this request.
Please advise when you intend to respond.
Yours sincerely,
Julie Keys
Dear foi,
I am writing to remind the NDIA that the information that i requested is long overdue and to advise that I still require the information which you are legally obligated to provide within the legislative timeframe.
'ME/CFS - How do you require functional capacity to be demonstrated'
It appears that the NDIA is breaking the law and is not complying with the legislative timeframe please provide the outstanding information as soon as practicable.
Yours sincerely,
Julie Keys
Dear Julie Keys
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require this in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management & 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
Dear foi,
I am still waiting for a response to this request which was made more than 60 days ago.
Please advise when you will be responding.
Yours sincerely,
Julie Keys
Dear Julie Keys
Please note, we provided you with a decision on 12 November 2024.
I have viewed your application on the Right to Know website and located my
decision as one of the four attachments after clicking ‘show all
attachments’.
Should you require a copy of this decision again please let me know.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management and FOI Branch
National Disability Insurance Agency
E [1][NDIA request email]
[2]NDIA logo
[3]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.
[4]Aboriginal and Torres Strait Islander flags graphic
Dear foi,
I note your response and that the NDIA’s Service Guidance (SG), Technical Advice and Practice Improvement (TAPIB) and Service Delivery (SD) Branches do not hold any documents that t outline ‘how the NDIA requires the functional capacity for people with ME/CFS to be demonstrated in order to demonstrate substantially reduced functional capacity’.
Thank you for your time.
Yours sincerely,
Julie Keys