Media emails re statement "it is incorrect to connect the NDIS in any way, shape or form to Robodebt"
Dear National Disability Insurance Agency,
I am requesting the following documents for the purposes of the FOI Act.
SCOPE
A statement provided for an article by Julie Cross (published in the Daily Telegraph on 15 March 2025) included the following:
‘An NDIA spokesman said the NDIS Act expressly requires human decision-making and “it is incorrect to connect the NDIS in
any way, shape or form to Robodebt and doing so is unfounded, irresponsible and may cause unnecessary distress and harm.”...’
Please provide unredacted copies of:
- All email correspondence between the NDIA media team and Daily Telegraph in relation to this article
- All email correspondence between the media team and other NDIA staff relating to development and clearance of the statement provided
- Any associated attachments
Please consider all information in this correspondence relevant, except the following acceptable redactions:
- email addresses and phone numbers
- last names of non-SES staff
- personal information relating to individual participants
Yours faithfully,
Cat
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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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Dear Cat
Freedom of Information Request: Acknowledgement
Thank you for your request of 16 March 2025, 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:
“ ….A statement provided for an article by Julie Cross (published in the
Daily Telegraph on 15 March 2025) included the following:
‘An NDIA spokesman said the NDIS Act expressly requires human
decision-making and “it is incorrect to connect the NDIS in
any way, shape or form to Robodebt and doing so is unfounded,
irresponsible and may cause unnecessary distress and harm.”...’
Please provide unredacted copies of:
- All email correspondence between the NDIA media team and Daily Telegraph
in relation to this article
- All email correspondence between the media team and other NDIA staff
relating to development and clearance of the statement provided
- Any associated attachments
Please consider all information in this correspondence relevant, except
the following acceptable redactions:
- email addresses and phone numbers
- last names of non-SES staff
- personal information relating to individual participants..."
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 17 March 2025. This
30-day period expires on 15 April 2025.
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 15
May 2025.
If you do not agree and we are unable to process your request within the
30-day period expiring on 15 April 2025, 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 27 March 2025.
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Regards
Mykal
Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release 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,
Thanks for your acknowledgment. I do not agree to the extension, as the ongoing resourcing issues you are expected to work under need to be addressed, and the media team should be capable of promptly directing you to the relevant information if they are capable of making such a statement, especially when 30 days is already a long time in the media cycle.
That said, if you have valid grounds for an extension, you have 15AC as an option despite my disagreement.
Yours sincerely,
Cat
Dear foi,
Confirming the below response came through, as it isn't updating on the RTK feed: "Thanks for your acknowledgment. I do not agree to the extension, as the ongoing resourcing issues you are expected to work under need to be addressed, and the media team should be capable of promptly directing you to the relevant information if they are capable of making such a statement, especially when 30 days is already a long time in the media cycle.
That said, if you have valid grounds for an extension, you have 15AC as an option despite my disagreement."
Yours sincerely,
Cat
Dear Cat
Just confirming that we received your below response on Monday 24 March 2025.
Mykal (MJG094)
Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
National Disability Insurance Agency
E: [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.
Dear foi,
Can you please confirm if you are still processing this request? Given the context in my previous response, I would expect you to apply under 15AC(4) if it is not ready for release.
It seems unlikely that the media team would be unable to locate these emails with the same speed they were created in the first place. I therefore would also think it reasonable for a decision to be made within the next week or two, and unreasonable for the agency to claim deemed refusal to the effect IC review would delay this until after the election.
Yours sincerely,
Cat
Dear Cat
I note this matter is now a deemed refusal, therefore you may wish to
apply to the OAIC for a review, however I can confirm we are still
processing your request.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Information Release, Privacy and Legal Operations Branch
Reviews and Information Release Division
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,
Thank you for the update – can you please advise the ETA given you are still processing it?
Could you also please explain the reasoning for not utilising 15AC(4)? If the FOI team continues to be under resourced, it does not seem likely that will change if 15AC(4) extensions are not sought so the team can be appropriately staffed to meet demand within statutory timeframes.
It also doesn't seem fair for what would otherwise be NDIA internal review workloads and costs thereof to be diverted to the OAIC when applicants do not agree to 15AA extensions in an attempt to reinforce statutory timeframes.
Yours sincerely,
Cat