Practice Guide Disability-Related Health Supports, Practice Guide Understanding Therapy Supports, and related Standard Operating Procedure documents
Dear National Disability Insurance Agency,
I am requesting access under the Freedom of Information Act 1982 (FOI Act), to the following documents as referred to in “Practice Guide - Determine Reasonable and Necessary Supports” (V25.0) —
1. “Practice Guide - Disability-Related Health Supports”
2. “Practice Guide - Understanding Therapy Supports”
And additionally —
3. The “Standard Operating Procedure” documents related to “Disability-Related Health Supports” and “Therapy Supports”
Kind regards,
Emily Lacey
Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
If your email relates to an FOI application made under the
Commonwealth Freedom of Information Act 1982 (FOI Act), we will respond to
you as soon as practicable.
This email address is for applications under the FOI Act only. Our team is
unable to respond to non-FOI related enquiries sent to this email address.
Any correspondence received that is not related to an FOI request will not
be responded to or forwarded.
Please be aware: due to a high volume of requests, our ability to respond
to you in a timely manner has been affected. However, we will action your
request as soon as possible. In addition, we are currently experiencing
delays in processing FOI requests. As a result, whilst we will endeavour
to process your matter within the [1]legislative deadlines, we may need to
ask for an extension of time. We appreciate your understanding if this is
required.
The NDIA has a number of other ways to access the documents and
information that we hold. Please visit our [2]Access to
Information webpage to find out more about accessing information
through:
o The [3]myplace portal for participants
o The [4]myplace portal for providers
o The [5]Participant Information Access (PIA) scheme
o The [6]Information Publication Scheme (IPS)
You can also request data and statistics outside of the FOI Act. Please
visit our [7]Data and insights webpage page for further information.
Information about how to make an FOI request can be found on our
website: [8]Freedom of Information | NDIS. The FOI Act sets out the
criteria that must be met for a request to be considered. The request you
send us must:
o be in writing
o state that the request is an application for the purposes of the FOI
Act
o provide enough information to allow us to identify the documents you
are requesting
o provide an address for reply, either electronic or hard copy.
If you have questions about making an FOI request, or to enquire about a
current FOI request, please email us with your preferred contact method
and an FOI Decision Maker will contact you.
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]NDIA Web Chat
(ndis.gov.au). Alternatively, you can also contact us by phoning 1800 800
110.
Kind regards
Freedom of Information Team
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [11][NDIA request email]
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Dear National Disability Insurance Agency,
Apologies for the inconvenience. Am I able to amend my request to also include the most recent version of “Practice Guide - Determine Reasonable and Necessary Supports”, in the instance "V25.0 (updated 2021-01-13)" is no longer current?
My updated request is as follows:
---------------------------
I am requesting access under the Freedom of Information Act 1982 (FOI Act), to the following documents as referred to in “Practice Guide - Determine Reasonable and Necessary Supports” —
1. “Practice Guide - Disability-Related Health Supports”
2. “Practice Guide - Understanding Therapy Supports”
And additionally —
3. The “Standard Operating Procedure” documents related to “Disability-Related Health Supports” and “Therapy Supports”
4. If "V25.0 (updated 2021-01-13)" of "Practice Guide - Determine Reasonable and Necessary Supports" is not the most recent version of this document currently in use, I also request access to the most current version of the "Practice Guide - Determine Reasonable and Necessary Supports" document.
Kind regards,
Emily Lacey
Dear Emily Lacey
I apologise for the delay in acknowledging your request.
Freedom of Information Request: Acknowledgement
Thank you for your request of 10 October 2023 made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA), as follows:
I am requesting access under the Freedom of Information Act 1982 (FOI
Act), to the following documents as referred to in “Practice Guide -
Determine Reasonable and Necessary Supports” —
1. “Practice Guide - Disability-Related Health Supports”
2. “Practice Guide - Understanding Therapy Supports”
And additionally —
3. The “Standard Operating Procedure” documents related to
“Disability-Related Health Supports” and “Therapy Supports”
4. If "V25.0 (updated 2021-01-13)" of "Practice Guide - Determine
Reasonable and Necessary Supports" is not the most recent version of this
document currently in use, I also request access to the most current
version of the "Practice Guide - Determine Reasonable and Necessary
Supports" document.
Unless you advise otherwise, we will take it that you agree to the names
and contact details of NDIA staff being excluded from the scope of your
request (that is, the information will be treated as irrelevant).
Processing timeframes
A 30-day statutory period for processing your request commenced from 11
October 2023, in accordance with section 15(2A)(c) of the FOI Act. You
should, therefore, expect a decision from us by 10 November 2023.
This period may be extended if we need to consult with third parties or
for other reasons. We will advise you if this happens.
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soon as practicable if a charge is payable.
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requested, please contact us.
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We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
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
[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
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Dear Emily Lacey
Thank you for your request for information.
Please find attached correspondence and document in relation to your
request. If you require these in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Thank you.
Kind regards
Miriam
Senior 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
[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: Emily Lacey <[6][FOI #10740 email]>
Sent: Tuesday, October 10, 2023 5:12 PM
To: foi <[7][NDIA request email]>
Subject: Re: Freedom of Information request - Practice Guide
Disability-Related Health Supports, Practice Guide Understanding Therapy
Supports, and related Standard Operating Procedure documents
[You don't often get email from
[8][FOI #10740 email]. Learn why this is
important at [9]https://aka.ms/LearnAboutSenderIdentific... ]
Dear National Disability Insurance Agency,
Apologies for the inconvenience. Am I able to amend my request to also
include the most recent version of “Practice Guide - Determine Reasonable
and Necessary Supports”, in the instance "V25.0 (updated 2021-01-13)" is
no longer current?
My updated request is as follows:
---------------------------
I am requesting access under the Freedom of Information Act 1982 (FOI
Act), to the following documents as referred to in “Practice Guide -
Determine Reasonable and Necessary Supports” —
1. “Practice Guide - Disability-Related Health Supports”
2. “Practice Guide - Understanding Therapy Supports”
And additionally —
3. The “Standard Operating Procedure” documents related to
“Disability-Related Health Supports” and “Therapy Supports”
4. If "V25.0 (updated 2021-01-13)" of "Practice Guide - Determine
Reasonable and Necessary Supports" is not the most recent version of this
document currently in use, I also request access to the most current
version of the "Practice Guide - Determine Reasonable and Necessary
Supports" document.
Kind regards,
Emily Lacey
-----Original Message-----
Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
If your email relates to an FOI application made under the
Commonwealth Freedom of Information Act 1982 (FOI Act), we will respond to
you as soon as practicable.
This email address is for applications under the FOI Act only. Our team is
unable to respond to non-FOI related enquiries sent to this email address.
Any correspondence received that is not related to an FOI request will not
be responded to or forwarded.
Please be aware: due to a high volume of requests, our ability to respond
to you in a timely manner has been affected. However, we will action your
request as soon as possible. In addition, we are currently experiencing
delays in processing FOI requests. As a result, whilst we will endeavour
to process your matter within the [1]legislative deadlines, we may need to
ask for an extension of time. We appreciate your understanding if this is
required.
The NDIA has a number of other ways to access the documents and
information that we hold. Please visit our [2]Access to
Information webpage to find out more about accessing information
through:
o The [3]myplace portal for participants
o The [4]myplace portal for providers
o The [5]Participant Information Access (PIA) scheme
o The [6]Information Publication Scheme (IPS)
You can also request data and statistics outside of the FOI Act. Please
visit our [7]Data and insights webpage page for further information.
Information about how to make an FOI request can be found on our
website: [8]Freedom of Information | NDIS. The FOI Act sets out the
criteria that must be met for a request to be considered. The request you
send us must:
o be in writing
o state that the request is an application for the purposes of the FOI
Act
o provide enough information to allow us to identify the documents you
are requesting
o provide an address for reply, either electronic or hard copy.
If you have questions about making an FOI request, or to enquire about a
current FOI request, please email us with your preferred contact method
and an FOI Decision Maker will contact you.
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]NDIA Web Chat
(ndis.gov.au). Alternatively, you can also contact us by phoning 1800 800
110.
Kind regards
Freedom of Information Team
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [11][NDIA request email]
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Dear National Disability Insurance Agency,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of National Disability Insurance Agency's handling of my FOI request 'Practice Guide Disability-Related Health Supports, Practice Guide Understanding Therapy Supports, and related Standard Operating Procedure documents'.
I can only assume that your response to my request is a desperate attempt to meet the legally mandated deadlines for freedom of information requests without actually releasing any new documents, because you certainly have not provided the documents I have very clearly requested.
Response 1). You have not provided the most recent version of the document titled "Practice Guide - Determine Reasonable and Necessary Supports" as requested (Point 4 of my FOI), and have instead provided a link to the publicly available "Understanding the NDIS - Supports funded by the NDIS - Reasonable and necessary supports" webpage. I don't know how I could have been more clear in my request. I provided you with the documents title AND the version number of the copy I already have in order to confirm whether it was the most recent. Since making my request, I have discovered version 26.0 of this document, which was uploaded as a part of the disability royal commission and can be found at this link: https://disability.royalcommission.gov.a... . This clearly demonstrates that V25.0 is NOT the most recent, and you should have provided V26.0 (or higher) in your decision. Instead you appear to be pretending the document doesn't even exist. Please provide the correct and most recent document titled "Practice Guide - Determine Reasonable and Necessary Supports".
Response 2). You have not provided the document titled "Practice Guide - Disability-Related Health Supports" as requested (Point 1 of my FOI), and have instead provided a link to the publicly available "Understanding the NDIS - Supports funded by the NDIS - Disability-related health supports" webpage. This is not what was requested. The document I requested titled "Practice Guide - Disability-Related Health Supports" is linked on page 24 under section "16.2 Disability-Related Health Supports" of the Practice Guide "V26.0 2021-01-25 Determine Reasonable and Necessary Supports" (see previous link). Please provide a copy of that document, titled "Practice Guide - Disability-Related Health Supports", which is linked on page 24.
Response 2b). Considering the deliberate lack of transparency in providing the "Practice Guide - Disability-Related Health Supports" as requested, I would now additionally like to request the other documents that have been listed and linked under "16.2 Disability-Related Health Supports" in order to be sure that no relevant documents have been excluded from my request. Quote from "V26.0 2021-01-25 Determine Reasonable and Necessary Supports", page 24-25:
"For further information about specific disability related health supports refer to the relevant practice
guidance:
• Practice Guide - Continence Supports
• Practice Guide - Diabetic Management Supports
• Practice Guide - Dysphagia Supports
• Practice Guide - Epilepsy Supports
• Practice Guide - Nutrition Supports
• Practice Guide - Podiatry and Foot Care Supports
• Practice Guide - Respiratory Supports
• Practice Guide - Wound and Pressure Care Supports"
Response 3). I also requested the Standard Operating Procedure documents related to both “Disability-Related Health Supports” and “Therapy Supports” (Point 1 of my FOI), and you provided links to a number of topics under the publicly available "Our Guidelines - Supports you can access" webpage. I did not request any Our Guidelines documents, I requested the Standard Operating Procedures. You should be able to easily identify these documents in your internal system, as they will contain "Standard Operating Procedure" or "SOP" in the name/title of the document. One such example may be the "Standard Operating Procedure - Determine Reasonable and Necessary Supports" document which is linked on page 28 of "V26.0 2021-01-25 Determine Reasonable and Necessary Supports" (see previous link). Please provide all Standard Operating Procedures which mention or relate to the provision of “Disability-Related Health Supports” and “Therapy Supports”.
Response 4).The only document you have provided correctly from my request is "Practice Guide - Understanding Therapy Supports", which I now realise based on the red text marking the documents pages, was already released (FOI 22/23-0633) and listed on your disclosure log on the 12/05/2023. Frankly, this only adds to the obvious conclusion that your inadequate response to my request was an attempt to not release any NEW documents, but only provide access to publicly available information and documents which have ALREADY been processed and determined acceptable for public release via FOI. I think this is quite disgraceful and shows a disregard for your responsibility as a public authority under the FOI Act.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/p...
Please provide the documents I have requested, correctly and in full.
Kind regards,
Emily Lacey
Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
If your email relates to an FOI application made under the
Commonwealth Freedom of Information Act 1982 (FOI Act), we will respond to
you as soon as practicable.
This email address is for applications under the FOI Act only. Our team is
unable to respond to non-FOI related enquiries sent to this email address.
Any correspondence received that is not related to an FOI request will not
be responded to or forwarded.
Please be aware: due to a high volume of requests, our ability to respond
to you in a timely manner has been affected. However, we will action your
request as soon as possible. In addition, we are currently experiencing
delays in processing FOI requests. As a result, whilst we will endeavour
to process your matter within the [1]legislative deadlines, we may need to
ask for an extension of time. We appreciate your understanding if this is
required.
The NDIA has a number of other ways to access the documents and
information that we hold. Please visit our [2]Access to
Information webpage to find out more about accessing information
through:
o The [3]myplace portal for participants
o The [4]myplace portal for providers
o The [5]Participant Information Access (PIA) scheme
o The [6]Information Publication Scheme (IPS)
You can also request data and statistics outside of the FOI Act. Please
visit our [7]Data and insights webpage page for further information.
Information about how to make an FOI request can be found on our
website: [8]Freedom of Information | NDIS. The FOI Act sets out the
criteria that must be met for a request to be considered. The request you
send us must:
o be in writing
o state that the request is an application for the purposes of the FOI
Act
o provide enough information to allow us to identify the documents you
are requesting
o provide an address for reply, either electronic or hard copy.
If you have questions about making an FOI request, or to enquire about a
current FOI request, please email us with your preferred contact method
and an FOI Decision Maker will contact you.
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]NDIA Web Chat
(ndis.gov.au). Alternatively, you can also contact us by phoning 1800 800
110.
Kind regards
Freedom of Information Team
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [11][NDIA request email]
**********************************************************************
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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9. mailto:[email address]
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Dear National Disability Insurance Agency,
I have not received any acknowledgement of my request for internal review sent on November 3rd regarding FOI 23/24-0416.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/p...
Please respond.
Kind regards,
Emily Lacey
Dear Emily Lacey
Freedom of Information Request: Acknowledgement
Thank you for your email of 03 November 2023, made under the Freedom of
Information Act 1982 (FOI Act), in which you have requested an internal
review of an Original Decision made by the National Disability Insurance
Agency (NDIA) in relation to a decision made on 3 November 2023 (FOI
23/24-0416).
Processing timeframes
A 30-day statutory period for processing your request commenced from 04
November 2023, in accordance with section 15(2A)(c) of the FOI Act. You
should, therefore, expect a decision from us by 03 December 2023.
This period may be extended if we need to consult with third parties or
for other reasons. We will advise you if this happens.
Unless you advise otherwise, we will take it that you agree to the names
and contact details of NDIA staff being excluded from the scope of your
request (that is, the information will be treated as irrelevant).
Further help
Please contact us at [1][NDIA request email] if you have any questions or need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Kind regards
Emma
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
[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.
-----Original Message-----
From: Emily Lacey <[5][FOI #10740 email]>
Sent: Friday, November 3, 2023 3:43 PM
To: foi <[6][NDIA request email]>
Subject: Internal review of Freedom of Information request - Practice
Guide Disability-Related Health Supports, Practice Guide Understanding
Therapy Supports, and related Standard Operating Procedure documents
Dear National Disability Insurance Agency,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of National Disability
Insurance Agency's handling of my FOI request 'Practice Guide
Disability-Related Health Supports, Practice Guide Understanding Therapy
Supports, and related Standard Operating Procedure documents'.
I can only assume that your response to my request is a desperate attempt
to meet the legally mandated deadlines for freedom of information requests
without actually releasing any new documents, because you certainly have
not provided the documents I have very clearly requested.
Response 1). You have not provided the most recent version of the document
titled "Practice Guide - Determine Reasonable and Necessary Supports" as
requested (Point 4 of my FOI), and have instead provided a link to the
publicly available "Understanding the NDIS - Supports funded by the NDIS -
Reasonable and necessary supports" webpage. I don't know how I could have
been more clear in my request. I provided you with the documents title AND
the version number of the copy I already have in order to confirm whether
it was the most recent. Since making my request, I have discovered version
26.0 of this document, which was uploaded as a part of the disability
royal commission and can be found at this link:
[7]https://aus01.safelinks.protection.outlo...
. This clearly demonstrates that V25.0 is NOT the most recent, and you
should have provided V26.0 (or higher) in your decision. Instead you
appear to be pretending the document doesn't even exist. Please provide
the correct and most recent document titled "Practice Guide - Determine
Reasonable and Necessary Supports".
Response 2). You have not provided the document titled "Practice Guide -
Disability-Related Health Supports" as requested (Point 1 of my FOI), and
have instead provided a link to the publicly available "Understanding the
NDIS - Supports funded by the NDIS - Disability-related health supports"
webpage. This is not what was requested. The document I requested titled
"Practice Guide - Disability-Related Health Supports" is linked on page 24
under section "16.2 Disability-Related Health Supports" of the Practice
Guide "V26.0 2021-01-25 Determine Reasonable and Necessary Supports" (see
previous link). Please provide a copy of that document, titled "Practice
Guide - Disability-Related Health Supports", which is linked on page 24.
Response 2b). Considering the deliberate lack of transparency in providing
the "Practice Guide - Disability-Related Health Supports" as requested, I
would now additionally like to request the other documents that have been
listed and linked under "16.2 Disability-Related Health Supports" in order
to be sure that no relevant documents have been excluded from my request.
Quote from "V26.0 2021-01-25 Determine Reasonable and Necessary Supports",
page 24-25:
"For further information about specific disability related health supports
refer to the relevant practice
guidance:
• Practice Guide - Continence Supports
• Practice Guide - Diabetic Management Supports
• Practice Guide - Dysphagia Supports
• Practice Guide - Epilepsy Supports
• Practice Guide - Nutrition Supports
• Practice Guide - Podiatry and Foot Care Supports
• Practice Guide - Respiratory Supports
• Practice Guide - Wound and Pressure Care Supports"
Response 3). I also requested the Standard Operating Procedure documents
related to both “Disability-Related Health Supports” and “Therapy
Supports” (Point 1 of my FOI), and you provided links to a number of
topics under the publicly available "Our Guidelines - Supports you can
access" webpage. I did not request any Our Guidelines documents, I
requested the Standard Operating Procedures. You should be able to easily
identify these documents in your internal system, as they will contain
"Standard Operating Procedure" or "SOP" in the name/title of the document.
One such example may be the "Standard Operating Procedure - Determine
Reasonable and Necessary Supports" document which is linked on page 28 of
"V26.0 2021-01-25 Determine Reasonable and Necessary Supports" (see
previous link). Please provide all Standard Operating Procedures which
mention or relate to the provision of “Disability-Related Health Supports”
and “Therapy Supports”.
Response 4).The only document you have provided correctly from my request
is "Practice Guide - Understanding Therapy Supports", which I now realise
based on the red text marking the documents pages, was already released
(FOI 22/23-0633) and listed on your disclosure log on the 12/05/2023.
Frankly, this only adds to the obvious conclusion that your inadequate
response to my request was an attempt to not release any NEW documents,
but only provide access to publicly available information and documents
which have ALREADY been processed and determined acceptable for public
release via FOI. I think this is quite disgraceful and shows a disregard
for your responsibility as a public authority under the FOI Act.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[8]https://aus01.safelinks.protection.outlo...
Please provide the documents I have requested, correctly and in full.
Kind regards,
Emily Lacey
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[9][FOI #10740 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:
[10]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.
-------------------------------------------------------------------
**********************************************************************
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]
5. mailto:[FOI #10740 email]
6. mailto:[NDIA request email]
7. https://disability.royalcommission.gov.a...
8. https://www.righttoknow.org.au/request/p...
9. mailto:[FOI #10740 email]
10. https://www.righttoknow.org.au/help/offi...
Dear Emily Lacey
Thank you for your request for an Internal Review.
Please find attached correspondence and documents 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.
Thank you.
Kind regards
Emma
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
[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
From: foi <[NDIA request email]>
Sent: Friday, November 10, 2023 11:36 AM
To: '[FOI #10740 email]'
<[FOI #10740 email]>
Cc: foi <[NDIA request email]>
Subject: IR 23/24-019 – Your request for information – Acknowledgement
[SEC=OFFICIAL]
Dear Emily Lacey
Freedom of Information Request: Acknowledgement
Thank you for your email of 03 November 2023, made under the Freedom of
Information Act 1982 (FOI Act), in which you have requested an internal
review of an Original Decision made by the National Disability Insurance
Agency (NDIA) in relation to a decision made on 3 November 2023 (FOI
23/24-0416).
Processing timeframes
A 30-day statutory period for processing your request commenced from 04
November 2023, in accordance with section 15(2A)(c) of the FOI Act. You
should, therefore, expect a decision from us by 03 December 2023.
This period may be extended if we need to consult with third parties or
for other reasons. We will advise you if this happens.
Unless you advise otherwise, we will take it that you agree to the names
and contact details of NDIA staff being excluded from the scope of your
request (that is, the information will be treated as irrelevant).
Further help
Please contact us at [6][NDIA request email] if you have any questions or need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Kind regards
Emma
Freedom of Information Officer
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [7][NDIA request email]
[8]Title: NDIS delivered by the National Disability Insurance Agency
[9]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.
-----Original Message-----
From: Emily Lacey <[10][FOI #10740 email]>
Sent: Friday, November 3, 2023 3:43 PM
To: foi <[11][NDIA request email]>
Subject: Internal review of Freedom of Information request - Practice
Guide Disability-Related Health Supports, Practice Guide Understanding
Therapy Supports, and related Standard Operating Procedure documents
Dear National Disability Insurance Agency,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of National Disability
Insurance Agency's handling of my FOI request 'Practice Guide
Disability-Related Health Supports, Practice Guide Understanding Therapy
Supports, and related Standard Operating Procedure documents'.
I can only assume that your response to my request is a desperate attempt
to meet the legally mandated deadlines for freedom of information requests
without actually releasing any new documents, because you certainly have
not provided the documents I have very clearly requested.
Response 1). You have not provided the most recent version of the document
titled "Practice Guide - Determine Reasonable and Necessary Supports" as
requested (Point 4 of my FOI), and have instead provided a link to the
publicly available "Understanding the NDIS - Supports funded by the NDIS -
Reasonable and necessary supports" webpage. I don't know how I could have
been more clear in my request. I provided you with the documents title AND
the version number of the copy I already have in order to confirm whether
it was the most recent. Since making my request, I have discovered version
26.0 of this document, which was uploaded as a part of the disability
royal commission and can be found at this link:
[12]https://aus01.safelinks.protection.outlo...
. This clearly demonstrates that V25.0 is NOT the most recent, and you
should have provided V26.0 (or higher) in your decision. Instead you
appear to be pretending the document doesn't even exist. Please provide
the correct and most recent document titled "Practice Guide - Determine
Reasonable and Necessary Supports".
Response 2). You have not provided the document titled "Practice Guide -
Disability-Related Health Supports" as requested (Point 1 of my FOI), and
have instead provided a link to the publicly available "Understanding the
NDIS - Supports funded by the NDIS - Disability-related health supports"
webpage. This is not what was requested. The document I requested titled
"Practice Guide - Disability-Related Health Supports" is linked on page 24
under section "16.2 Disability-Related Health Supports" of the Practice
Guide "V26.0 2021-01-25 Determine Reasonable and Necessary Supports" (see
previous link). Please provide a copy of that document, titled "Practice
Guide - Disability-Related Health Supports", which is linked on page 24.
Response 2b). Considering the deliberate lack of transparency in providing
the "Practice Guide - Disability-Related Health Supports" as requested, I
would now additionally like to request the other documents that have been
listed and linked under "16.2 Disability-Related Health Supports" in order
to be sure that no relevant documents have been excluded from my request.
Quote from "V26.0 2021-01-25 Determine Reasonable and Necessary Supports",
page 24-25:
"For further information about specific disability related health supports
refer to the relevant practice
guidance:
• Practice Guide - Continence Supports
• Practice Guide - Diabetic Management Supports
• Practice Guide - Dysphagia Supports
• Practice Guide - Epilepsy Supports
• Practice Guide - Nutrition Supports
• Practice Guide - Podiatry and Foot Care Supports
• Practice Guide - Respiratory Supports
• Practice Guide - Wound and Pressure Care Supports"
Response 3). I also requested the Standard Operating Procedure documents
related to both “Disability-Related Health Supports” and “Therapy
Supports” (Point 1 of my FOI), and you provided links to a number of
topics under the publicly available "Our Guidelines - Supports you can
access" webpage. I did not request any Our Guidelines documents, I
requested the Standard Operating Procedures. You should be able to easily
identify these documents in your internal system, as they will contain
"Standard Operating Procedure" or "SOP" in the name/title of the document.
One such example may be the "Standard Operating Procedure - Determine
Reasonable and Necessary Supports" document which is linked on page 28 of
"V26.0 2021-01-25 Determine Reasonable and Necessary Supports" (see
previous link). Please provide all Standard Operating Procedures which
mention or relate to the provision of “Disability-Related Health Supports”
and “Therapy Supports”.
Response 4).The only document you have provided correctly from my request
is "Practice Guide - Understanding Therapy Supports", which I now realise
based on the red text marking the documents pages, was already released
(FOI 22/23-0633) and listed on your disclosure log on the 12/05/2023.
Frankly, this only adds to the obvious conclusion that your inadequate
response to my request was an attempt to not release any NEW documents,
but only provide access to publicly available information and documents
which have ALREADY been processed and determined acceptable for public
release via FOI. I think this is quite disgraceful and shows a disregard
for your responsibility as a public authority under the FOI Act.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[13]https://aus01.safelinks.protection.outlo...
Please provide the documents I have requested, correctly and in full.
Kind regards,
Emily Lacey
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[14][FOI #10740 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:
[15]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.
-------------------------------------------------------------------
**********************************************************************
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]
4. https://intranet.ndiastaff.ndia.gov.au/h...
6. mailto:[NDIA request email]
7. mailto:[NDIA request email]
10. mailto:[FOI #10740 email]
11. mailto:[NDIA request email]
12. https://disability.royalcommission.gov.a...
13. https://www.righttoknow.org.au/request/p...
14. mailto:[FOI #10740 email]
15. https://www.righttoknow.org.au/help/offi...
Dear foi,
The links you have provided in the internal review decision document are not clickable, they are just regular text. I think you have exported the document with links disabled. Please provide the decision document again with working links. I also ask that you provide PDF copies of the decision documents you have varied, not just links.
Kind regards,
Emily Lacey
Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
If your email relates to an FOI application made under the
Commonwealth Freedom of Information Act 1982 (FOI Act), we will respond to
you as soon as practicable.
This email address is for applications under the FOI Act only. Our team is
unable to respond to non-FOI related enquiries sent to this email address.
Any correspondence received that is not related to an FOI request will not
be responded to or forwarded.
Please be aware: due to a high volume of requests, our ability to respond
to you in a timely manner has been affected. However, we will action your
request as soon as possible. In addition, we are currently experiencing
delays in processing FOI requests. As a result, whilst we will endeavour
to process your matter within the [1]legislative deadlines, we may need to
ask for an extension of time. We appreciate your understanding if this is
required.
The NDIA has a number of other ways to access the documents and
information that we hold. Please visit our [2]Access to
Information webpage to find out more about accessing information
through:
o The [3]myplace portal for participants
o The [4]myplace portal for providers
o The [5]Participant Information Access (PIA) scheme
o The [6]Information Publication Scheme (IPS)
You can also request data and statistics outside of the FOI Act. Please
visit our [7]Data and insights webpage page for further information.
Information about how to make an FOI request can be found on our
website: [8]Freedom of Information | NDIS. The FOI Act sets out the
criteria that must be met for a request to be considered. The request you
send us must:
o be in writing
o state that the request is an application for the purposes of the FOI
Act
o provide enough information to allow us to identify the documents you
are requesting
o provide an address for reply, either electronic or hard copy.
If you have questions about making an FOI request, or to enquire about a
current FOI request, please email us with your preferred contact method
and an FOI Decision Maker will contact you.
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]NDIA Web Chat
(ndis.gov.au). Alternatively, you can also contact us by phoning 1800 800
110.
Kind regards
Freedom of Information Team
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [11][NDIA request email]
**********************************************************************
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. https://www.ndis.gov.au/about-us/policie...
2. https://www.ndis.gov.au/about-us/policie...
3. https://www.ndis.gov.au/participants/usi...
4. https://www.ndis.gov.au/providers/workin...
5. https://www.ndis.gov.au/about-us/policie...
6. https://www.ndis.gov.au/about-us/policie...
7. https://data.ndis.gov.au/
8. https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
10. https://nccchat.ndis.gov.au/i3root/
11. mailto:[NDIA request email]
Dear National Disability Insurance Agency,
The links you have provided in your internal review decision notice do not work. Please respond.
Kind regards,
Emily Lacey
Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
Reduced Activity Period
The NDIA have a Reduced Activity Period from Saturday 23 December 2023 to
Monday 1 January 2024.
Therefore, any enquiries received between these dates will be responded to
after Tuesday 2 January 2024.
Please note: due to a high volume of requests, our ability to respond to
you in a timely manner may be affected.
We will action your request as soon as possible and will endeavour to
process your matter within the legislative deadlines. We may need to seek
your agreement to an extension of time. We appreciate your understanding
if this is required.
Participant Information
Did you know the NDIA has other ways to access the documents and
information that we hold?
Participants, Guardians and Nominees can obtain copies of some participant
information through our National Contact Centre (NCC). For more
information about what’s available through the NCC, please contact 1800
800 110.
Please visit our [1]Access to Information webpage to find out more about
accessing information through:
* The [2]Participant Information Access (PIA) scheme
* The [3]Information Publication Scheme (IPS)
* The [4]myplace portal for participants
* The [5]myplace portal for providers
Access to Data
You can also request data and statistics. Please visit our [6]Data and
insights webpage page for further information.
If you are able to obtain your information from a source listed above, you
can withdraw your FOI request by emailing [7][NDIA request email]
Further Information
Information about how to make an FOI request can be found on our website:
[8]Freedom of Information
Should you have a query unrelated to FOI, please contact the Agency by
email at [9][email address] or via webchat at [10]ndis.gov.au.
Alternatively, you can also contact us by phoning 1800 800 110.
Kind regards
Freedom of Information Team
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [NDIA request email]
**********************************************************************
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. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
2. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
3. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
4. https://www.ndis.gov.au/participants/usi...
https://www.ndis.gov.au/participants/usi...
5. https://www.ndis.gov.au/providers/workin...
https://www.ndis.gov.au/providers/workin...
6. https://data.ndis.gov.au/
https://data.ndis.gov.au/
7. mailto:[NDIA request email]
mailto:[NDIA request email]
8. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
mailto:[email address]
10. https://www.ndis.gov.au/
https://www.ndis.gov.au/
Dear Emily Lacey
Thank you for your email.
I apologise for the links not working in the decision letter we sent you.
Please find attached a version of the letter with working links.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Thank you.
Kind regards
Emma
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
[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.
-----Original Message-----
From: Emily Lacey <[5][FOI #10740 email]>
Sent: Monday, December 4, 2023 4:22 PM
To: foi <[6][NDIA request email]>
Subject: Re: IR 23/24-019 – Your request for Internal Review
[SEC=OFFICIAL]
Dear foi,
The links you have provided in the internal review decision document are
not clickable, they are just regular text. I think you have exported the
document with links disabled. Please provide the decision document again
with working links. I also ask that you provide PDF copies of the decision
documents you have varied, not just links.
Kind regards,
Emily Lacey
-----Original Message-----
Dear Emily Lacey
Thank you for your request for an Internal Review.
Please find attached correspondence and documents 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.
Thank you.
Kind regards
Emma
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
[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
From: foi <[NDIA request email]>
Sent: Friday, November 10, 2023 11:36 AM
To: '[FOI #10740 email]'
<[FOI #10740 email]>
Cc: foi <[NDIA request email]>
Subject: IR 23/24-019 – Your request for information – Acknowledgement
[SEC=OFFICIAL]
Dear Emily Lacey
Freedom of Information Request: Acknowledgement
Thank you for your email of 03 November 2023, made under the Freedom of
Information Act 1982 (FOI Act), in which you have requested an internal
review of an Original Decision made by the National Disability Insurance
Agency (NDIA) in relation to a decision made on 3 November 2023 (FOI
23/24-0416).
Processing timeframes
A 30-day statutory period for processing your request commenced from 04
November 2023, in accordance with section 15(2A)(c) of the FOI Act. You
should, therefore, expect a decision from us by 03 December 2023.
This period may be extended if we need to consult with third parties or
for other reasons. We will advise you if this happens.
Unless you advise otherwise, we will take it that you agree to the names
and contact details of NDIA staff being excluded from the scope of your
request (that is, the information will be treated as irrelevant).
Further help
Please contact us at [6][NDIA request email] if you have any questions or
need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Kind regards
Emma
Freedom of Information Officer
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [7][NDIA request email]
[8]Title: NDIS delivered by the National Disability Insurance Agency
[9]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.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #10740 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:
[8]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.
-------------------------------------------------------------------
**********************************************************************
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]
4. https://intranet.ndiastaff.ndia.gov.au/h...
5. mailto:[FOI #10740 email]
6. mailto:[NDIA request email]
7. mailto:[FOI #10740 email]
8. https://www.righttoknow.org.au/help/offi...
Dear Emma and FOI.
You and I both know that the links you have provided me don’t “vary” the original decision in any meaningful way and that they are NOT the INTERNAL documents that I was requesting BY THEIR OFFICAL TITLES. I will be submitting a new FOI to address this matter further.
Kind regards,
Emily Lacey
Emily Lacey left an annotation ()
The documents discussed here are now available at this link: https://www.righttoknow.org.au/request/1...
DOCUMENT 1: Practice Guide – Disability-Related Health Supports (V6.0 2020-09-29)
DOCUMENT 2: Practice Guide – Understanding Therapy Supports (V7.0 2021-01-06)
DOCUMENT 4: Standard Operating Procedure – Include Disability-Related Health Supports or Meal Preparation Supports in the Participant's Plan (V6.0 2023-06-21)
Emily Lacey left an annotation ()
I have continued trying to obtain these documents in a new request which you can find here: https://www.righttoknow.org.au/request/p...