ME/CFS - How do you require functional capacity to be demonstrated

National Disability Insurance Agency did not have the information requested.

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.

foi, National Disability Insurance Agency

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
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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]  

  

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. 

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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

foi, National Disability Insurance Agency

3 Attachments

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

 

 

-----Original Message-----
From: Julie Keys <[FOI #12013 email]>
Sent: Thursday, September 5, 2024 10:13 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - ME/CFS - How do you require
functional capacity to be demonstrated

 

[You don't often get email from
[6][FOI #12013 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]

 

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.

 

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

 

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

[8][FOI #12013 email]

 

Is [9][NDIA request email] the wrong address for Freedom of Information
requests to National Disability Insurance Agency? If so, please contact us
using this form:

[10]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:

[11]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.

 

 

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

 

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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
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and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
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References

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1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
6. mailto:[FOI #12013 email]
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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

foi, National Disability Insurance Agency

4 Attachments

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

-----Original Message-----
From: Julie Keys <[6][FOI #12013 email]>
Sent: Friday, October 11, 2024 11:06 AM
To: foi <[7][NDIA request email]>
Subject: Re: FOI 24/25-0310 – Your request for information –
Acknowledgement & Extension of Time [SEC=OFFICIAL]

 

[You don't often get email from
[8][FOI #12013 email]. Learn why this is
important at [9]https://aka.ms/LearnAboutSenderIdentific... ]

 

Dear foi,

 

I am still waiting for a response to this request.

 

 

 

Please advise when you intend to respond.

 

 

 

Yours sincerely,

 

 

 

Julie Keys

 

 

 

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

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

[10][FOI #12013 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:

 

[11]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.

 

 

 

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

 

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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
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References

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2. mailto:[NDIA request email]
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Dear foi,
I agree I do not want the names of NDIA staff.

Yours sincerely,

Julie Keys

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

foi, National Disability Insurance Agency

3 Attachments

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

 

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

From: Julie Keys <[5][FOI #12013 email]>

Sent: Tuesday, 19 November 2024 6:30 PM

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

Subject: Re: FOI 24/25-0310 – Your request for information –
Notification of Decision [SEC=OFFICIAL]

 

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

 

 

 

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

 

 

 

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

 

 

 

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

 

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

 

[7][FOI #12013 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:

 

 

 

 

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.

 

 

 

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

 

**********************************************************************
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
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References

Visible links
1. mailto:[NDIA request email]
5. mailto:[FOI #12013 email]
6. mailto:[NDIA request email]
7. mailto:[FOI #12013 email]

hide quoted sections

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