NDIA Risk Assessment: Independent Assessment (IA) Pilot and IA Process
Dear National Disability Insurance Agency,
Please provide a copy of the NDIA’s Risk Assessment for the Independent Assessment (IA) Pilot and ongoing business process. That is, the project, process, activity and impact risk assessment specific to IA and the specific terms of reference, policies and technical tools used to assess all aspects of ‘risk’. These elements of risk and ‘duty of care’ appear unresolved as of late, as discussed during Senate Committee on 4 Jun 21 [4]
Context:
It has been reported there are ‘ongoing risks’ [1] associated with the NDIA’s Independent Assessments [2] introducing change, which seems to contain known and unknown variance, risk, harm and uncertainty [3]. Noting the NDIA’s risk management obligations [5] and the Department of Finance’s policy on risk management [6], the management of this ‘emerging risk’ [7] would seem to require specific project management oversight [8], including the assessment of risk [9]. Notwithstanding the standard PGPA risk and fraud obligations [10], as reinforced in The Australian Public Service Commissioner’s [11] legislative instrument.
Thank you for your assistance.
Yours faithfully,
Shirley
References:
1. Sydney Morning Herald (2021) Secret NDIS report warns of backlash unless government is ‘seen’ to have listened. Available at: < https://www.smh.com.au/politics/federal/... >. Accessed [9 Jun 21]
2. SBS (2021) Linda Reynolds defends controversial leaked NDIS Independent Assessment marketing strategy, dated 4 Jun 21. Available at: < https://www.sbs.com.au/news/linda-reynol... > . Accessed [9 Jun 21]
3. Sadler, D. (2021) NDIS ‘gobo-plans’ test algorithmic transparency, InnovationAus, data 3 Jun 21. Available at: < https://www.innovationaus.com/ndis-robo-... > . Accessed [9 Jun 21]
4. Parliament of Australia (2021) Official Recording of Senate Committee Proceedings from The Australian Parliament: Community Affairs [Part 2], dated 4 Jun 21 at 13:55. Available at: < https://parlview.aph.gov.au/mediaPlayer.... > . Accessed [9 Jun 21]
5. Australian Government (2013) National Disability Insurance Scheme— Risk Management Rules 2013: Legislative Instrument. Available at: < https://www.legislation.gov.au/Details/F...>. Accessed [8 Jun 21]
6. Department of Finance (2014) Commonwealth Risk Management Policy, Available at: < https://www.finance.gov.au/government/co... >. Accessed [9 Jun 21]
7. NDIS (2021) Personalised Budgets: Proposal for a new NDIS budget model, Technical Information Paper, Version 1.0, dated June 2021, Available at: <https://www.ndis.gov.au/about-us/improvi...>. Accessed [9 Jun 21]
8. ANAO (2018) Corporate Planning in The Australian Public Sec tor 2017-18, The Auditor-General, ANAO Report No.36 2017-18 Performance Audit. Available at: <https://www.anao.gov.au/sites/default/fi...>. Accessed [9 Jun 21]
9. BS EN 62198:2014 Managing risks in projects
10. Australian Government (2013) Public Governance, Performance and Accountability, Sections 16, 18 and 102, Compilation No.4. Available at: < https://www.legislation.gov.au/Details/C... > . Accessed [9 Jun 21]
11. Australian Government (2016) Australian Public Service Commissioner’s Directions 2016, Compilation No.1. Available at: <https://www.legislation.gov.au/Details/F... > . Accessed [9 Jun 21]
Thank you for contacting the National Disability Insurance Agency (NDIA).
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Dear Shirley
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know.
We will process your request as quickly as possible. We will also keep in
regular contact with you, especially if there's any delay. At this stage,
you can expect to hear from us on or before 9 July 2021.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Freedom of Information Officer
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [2][NDIA request email]
[3]Title: NDIS delivered by the National Disability Insurance Agency
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 Shirley
Thank you for your request for information.
We’re sorry to let you know that it will take us longer than expected to
process your request. This is because the material you are requesting
will require multiple consultations and searches with different line
areas.
We are therefore writing to seek your agreement to a 30 day extension of
time under section 15AA of the FOI Act. This would make the new due date 8
August 2021.
Please let us know whether you agree by 12:00pm Friday 2 July 2021.
If you don’t agree, we may need to seek an extension from the Office of
Australian Information Commissioner.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Freedom of Information Officer
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [2][NDIA request email]
[3]Title: NDIS delivered by the National Disability Insurance Agency
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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Our reference: RQ21/02150
Agency reference: FOI 20/21-0856
Shirley
Sent by email: [1][FOI #7411 email]
Extension of time application by the National Disability Insurance Agency
Dear Shirley
I write to advise that on 9 August 2021, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
National Disability Insurance Agency (the NDIA) for an extension of time
to process your FOI request made on 9 June 2021, titled:
1. NDIA Risk Assessment: Independent Assessment (IA) Pilot and IA
Process
The NDIA has advised the OAIC that you agreed to an extension of time to
process the request under s 15AA of the FOI Act to 9 August 2021 (OAIC
reference RQ21/01840).
The NDIA has applied for an extension of time under s 15AB of the Freedom
of Information Act 1982 (Cth) because your request is considered to be
complex and voluminous.
· The NDIA has advised the OAIC that:
− the request is broadly scoped and covers both current and historical
documents
− the request seeks access to documents of a highly sensitive and
complex nature from multiple business areas
− the NDIA is engaged in a significant amount of consultation with
multiple stakeholders to ensure it has appropriately identified documents
within scope, and determine whether it needs to further engage with you
− searches for historic material have been complex as ICT
infrastructure has changed over time and other Commonwealth agencies hold
the archived material, and
− the NDIA is committed to issuing a decision as soon as possible.
The NDIA has requested an extension to 8 September 2021. I will take any
comments you may have to make into account when deciding the application.
Please respond to this email by close of business 13 August 2021. If I do
not hear from you by this date, I will proceed to make a decision on the
basis of the information provided to me by the NDIA.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Yours sincerely
[3][IMG] Rochelle Dunlop | Review and
Investigation Advisor
Investigations and Compliance
Freedom of information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
+61 2 9284 9783 |
[5][email address]
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Our reference: RQ21/02150
Agency reference: FOI 20/21-0856
Shirley
Sent by email: [1][FOI #7411 email]
Dear Shirley
Please find attached a decision of today’s date for an extension of time
from the National Disability Insurance Agency.
Yours sincerely
[2][IMG] Rochelle Dunlop | Review and
Investigation Advisor
Investigations and Compliance
Freedom of information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
+61 2 9284 9783 |
[4][email address]
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Dear Shirley
Freedom of Information request — Request consultation process
Thank you for your correspondence of 9 June 2021, in which you requested
access under the Freedom of Information Act 1982 (FOI Act) to documents
held by the National Disability Insurance Agency (NDIA).
Scope of your request
You have requested access to documents about the National Disability
Insurance Scheme (NDIS). Specifically, you requested access to:
“…a copy of the NDIA’s Risk Assessment for the Independent Assessment (IA)
Pilot and ongoing business process. That is, the project, process,
activity and impact risk assessment specific to IA and the specific terms
of reference, policies and technical tools used to assess all aspects of
‘risk’. These elements of risk and ‘duty of care’ appear unresolved as of
late, as discussed during Senate Committee on 4 Jun 21”
Practical refusal
I am authorised to make decisions under the FOI Act.
I am writing to advise that that the work involved in processing your
request in its current form would substantially and unreasonably divert
the resources of the NDIA from its other operations due to its size and
complexity. This is called a ‘practical refusal reason’ under section 24AA
of the FOI Act.
On this basis, I intend to refuse your request. However, before I make a
final decision, I am writing to provide you with an opportunity to revise
your request. This is called a ‘request consultation process’ as set out
under section 24AB of the FOI Act. You have 14 days to respond to this
notice in one of the ways set out below.
Why I intend to refuse your request
I have conducted a preliminary search for documents which are likely to be
relevant to your request. This search has revealed that the NDIA is in
possession of more than 75 individual documents matching the scope of your
request, not including any attachments which may be contained within those
documents. Furthermore, a number of documents falling within scope are
voluminous.
As a result, I am of the view that the work involved in the processing of
this request would substantially and unreasonably divert the resources of
the NDIA from its other operations.
Request consultation process
You now have an opportunity to revise your request to enable it to
proceed.
Revising your request can mean narrowing the scope of the request to make
it more manageable or explaining in more detail the documents you wish to
access. For example, by providing more specific information about exactly
what documents you are interested in, the NDIA will be able to pinpoint
the documents more quickly and avoid using excessive resources to process
documents you are not interested in.
You have 14 days from the date you receive this letter to contact me and
do one of the following:
a. withdraw your request;
b. make a revised request; or
c. indicate that you do not wish to revise the request.
During this period, you are welcome to seek assistance to revise your
request. If you revise your request in a way that adequately addresses the
practical refusal reason outlined above, we will recommence processing it.
Please note that the time taken to consult with you regarding the scope of
your request is not taken into account for the purposes of the timeframe
for processing your request.
You can contact me by email at [1][NDIA request email]
If you do not contact me within this period, that is by 5:00pm 21
September 2021, your FOI request will be taken to have been withdrawn
under subsection 24AB(7) and will not be dealt with any further.
Please do not hesitate to contact me if you have any questions.
Yours sincerely
Ausilia Woodhead
Assistant Director
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [2][NDIA request email]
[3]Title: NDIS delivered by the National Disability Insurance Agency
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.
**********************************************************************
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
**********************************************************************
References
Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]