‘Practice Guide – Disability-Related Health Supports’ and ‘Standard Operating Procedure – Include Disability-Related Health Supports in a Plan’

Emily Lacey made this Freedom of Information request to National Disability Insurance Agency

5 followers

The request was partially successful.

Dear National Disability Insurance Agency,

I am requesting access under the Freedom of Information Act 1982 (FOI Act), to the following documents:

1. ‘Practice Guide – Disability-Related Health Supports’
(internal link: https://intranet.ndiastaff.ndia.gov.au/s... )

2. ‘Standard Operating Procedure – Include Disability-Related Health Supports in a Plan’
(internal link: https://intranet.ndiastaff.ndia.gov.au/s... )

3. If the documents I have named are no longer in use, please provide the last version of the document that was in use AND the new different document which supersedes it.

FURTHER INFORMATION TO CLARIFY AND AID YOUR SEARCH:

These document titles and links were obtained from the document titled ‘Standard Operating Procedure - Guided Planning Questions’ (V4.0 2020-07-30) which was uploaded to the Disability Royal Commission’s document library at this link: https://disability.royalcommission.gov.a...

I assume these links were mistakenly left active when the document was provided to the royal commission and submitted into evidence. I am obviously unable to view the documents found at these internal links myself as I do not have a staff login. If for whatever reason the links I have copied and supplied to you in this FOI are now non-functional, please refer back to your own copy of the SOP mentioned for the current direct link to the documents I am requesting.

I am also explicitly asking that you please, do not waste my time AND your own by providing me with a link to another publicly available NDIS webpage or the Our Guidelines as the decision documents for this request. I know how to use google, if that was what I was asking for I would already have found it. It is driving me a little mad that this has been your response to my previous requests more than once now (if you would like an example, see FOI 23/24-0416 and IR 23/24-019). I have provided you with the EXACT TITLES AND LINKS to two INTERNAL DOCUMENTS and that is what I expect to receive in your decision, you should have no difficulty locating what I am asking for.

Thank you in advance for your cooperation.

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]
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subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
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Dear National Disability Insurance Agency,

I haven't received a response to my request that was sent on the 8th of December 2023 (38 days ago). My request is straight forward and very clear, so I think it's reasonable for me to have expected a response from you within the legislated 30 days. If you could let me know what's up, it would be greatly appreciated.

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...

Looking forward to your reply with the documents I have requested!

Kind regards,
Emily Lacey

Dear National Disability Insurance Agency,

I haven't received a response to my request that was sent on the 8th of December 2023 (48 days ago). My request is straight forward and very clear, so I think it's reasonable for me to have expected a response from you within the legislated 30 days. If you require an extension to complete your duty, please formally request one.

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 National Disability Insurance Agency,

I haven't received a response to my request that was sent on the 8th of December 2023 (59 days ago). My request is straight forward and very clear, so I think it's reasonable for me to have expected a response from you within the legislated 30 days. If you require an extension to complete your duty, please formally request one.

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

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
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?

* 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

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.

**********************************************************************
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

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Dear National Disability Insurance Agency,

I haven't received a response to my request that was sent on the 8th of December 2023 (66 days ago). If you require an extension to complete your duty, please formally request one.

I understand you have a high volume of requests, but it’s still your legal responsibility to meet the requirements set out by the FOI Act. Additionally, I really don’t think my request could be any more clearcut and straight forward than what I have provided you with to locate the documents I have requested. If you can tell me an expected date of completion, I can leave you to get on with your work and stop bothering you with regular follow up emails. Truly a win for everyone.

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

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Dear Emily

Thank you for your request.

We just wanted to apologise for the time it has taken to respond to your
emails, we are receiving a high volume of requests and appreciate your
understanding in this matter.

We have begun processing your request and consultations to the relevant
business areas were sent out last week to acquire the documents you have
requested.

It usually takes about 7 business days for the relevant area’s to get back
to us for the documents and we are hoping to have your request fulfilled
by 23 February 2024.

Thank you for your patience and understanding in this matter.

If you have any questions, please do not hesitate to get in touch.

Kind Regards,

Nick

Freedom of Information Officer

Complaints Management & FOI Branch

General Counsel Division

National Disability Insurance Agency

E [1][NDIA request email]

[2]Title: NDIS delivered by the National Disability Insurance Agency

[3]Aboriginal and Torres Strait Islander flags graphic

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

From: Emily Lacey <[4][FOI #10954 email]>

Sent: Monday, February 12, 2024 1:13 AM

To: foi <[5][NDIA request email]>

Subject: Re: Freedom of Information request - ‘Practice Guide –
Disability-Related Health Supports’ and ‘Standard Operating Procedure –
Include Disability-Related Health Supports in a Plan’

[You don't often get email from
[6][FOI #10954 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]

Dear National Disability Insurance Agency,

I haven't received a response to my request that was sent on the 8th of
December 2023 (66 days ago). If you require an extension to complete your
duty, please formally request one.

I understand you have a high volume of requests, but it’s still your legal
responsibility to meet the requirements set out by the FOI Act.
Additionally, I really don’t think my request could be any more clearcut
and straight forward than what I have provided you with to locate the
documents I have requested. If you can tell me an expected date of
completion, I can leave you to get on with your work and stop bothering
you with regular follow up emails. Truly a win for everyone.

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 respond.

Kind regards,  

Emily Lacey

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

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

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

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.

References

Visible links

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[9]https://aus01.safelinks.protection.outlo...

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11. [29]mailto:[NDIA request email]

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

[30][FOI #10954 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:

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Dear Nick,

Thanks for your response, I really appreciate the update. I’ll check back in again during the last week of Feb if I haven’t heard anything by then.

I hope you have a good week :)

Cheers,
Emily Lacey

Hi Nick,

As discussed, just checking in to see if you have a progress update on my request, now that it’s past the 23rd of Feb?

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...

Many thanks,
Emily Lacey

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FOI 23.24 0691 Decision Notice of Decision.pdf

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FOI 23.24 0691 Decision Documents.pdf

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Dear Emily Lacey

Thank you for your request for information.

Please find attached correspondence and documents 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

Nick

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

[5]Aboriginal and Torres Strait Islander flags graphic

-----Original Message-----
From: Emily Lacey <[6][FOI #10954 email]>
Sent: Friday, December 8, 2023 8:55 PM
To: foi <[7][NDIA request email]>
Subject: Freedom of Information request - ‘Practice Guide –
Disability-Related Health Supports’ and ‘Standard Operating Procedure –
Include Disability-Related Health Supports in a Plan’

[You don't often get email from
[8][FOI #10954 email]. Learn why this is
important at [9]https://aka.ms/LearnAboutSenderIdentific... ]

Dear National Disability Insurance Agency,

I am requesting access under the Freedom of Information Act 1982 (FOI
Act), to the following documents:

1. ‘Practice Guide – Disability-Related Health Supports’

(internal link:
[10]https://aus01.safelinks.protection.outlo...
)

2. ‘Standard Operating Procedure – Include Disability-Related Health
Supports in a Plan’

(internal link:
[11]https://aus01.safelinks.protection.outlo...
)

3. If the documents I have named are no longer in use, please provide the
last version of the document that was in use AND the new different
document which supersedes it.

FURTHER INFORMATION TO CLARIFY AND AID YOUR SEARCH:

These document titles and links were obtained from the document titled
‘Standard Operating Procedure - Guided Planning Questions’ (V4.0
2020-07-30) which was uploaded to the Disability Royal Commission’s
document library at this link:
[12]https://aus01.safelinks.protection.outlo...

I assume these links were mistakenly left active when the document was
provided to the royal commission and submitted into evidence. I am
obviously unable to view the documents found at these internal links
myself as I do not have a staff login. If for whatever reason the links I
have copied and supplied to you in this FOI are now non-functional, please
refer back to your own copy of the SOP mentioned for the current direct
link to the documents I am requesting.

I am also explicitly asking that you please, do not waste my time AND your
own by providing me with a link to another publicly available NDIS webpage
or the Our Guidelines as the decision documents for this request. I know
how to use google, if that was what I was asking for I would already have
found it. It is driving me a little mad that this has been your response
to my previous requests more than once now (if you would like an example,
see FOI 23/24-0416 and IR 23/24-019). I have provided you with the EXACT
TITLES AND LINKS to two INTERNAL DOCUMENTS and that is what I expect to
receive in your decision, you should have no difficulty locating what I am
asking for.

Thank you in advance for your cooperation.

Kind regards,  

Emily Lacey

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

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

[13][FOI #10954 email]

Is [14][NDIA request email] the wrong address for Freedom of Information
requests to National Disability Insurance Agency? If so, please contact us
using this form:

[15]https://aus01.safelinks.protection.outlo...

[16]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.

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

References

Visible links
1. mailto:[NDIA request email]
2. mailto:[NDIA request email]
4. https://intranet.ndiastaff.ndia.gov.au/h...
6. mailto:[FOI #10954 email]
7. mailto:[NDIA request email]
8. mailto:[FOI #10954 email]
9. https://aka.ms/LearnAboutSenderIdentific...
10. https://intranet.ndiastaff.ndia.gov.au/s...
11. https://intranet.ndiastaff.ndia.gov.au/s...
12. https://disability.royalcommission.gov.a...
13. mailto:[FOI #10954 email]
14. mailto:[NDIA request email]
15. https://www.righttoknow.org.au/change_re...
16. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Nick,

Thank you for your response.

It appears that you haven’t included all three points of my FOI request in the scope of the request, only the first two points. The following point was missing from your decision notice:

“3. If the documents I have named are no longer in use, please provide the last version of the document that was in use AND the new different document which supersedes it”

Due to it’s omission, you have not provided me with the document “Practice Guide - Disability-Related Health Supports”, and instead only included the document which has replaced it as decision document 2, “Our Guideline disability-related health supports”.

I ask that you please correct this mistake by including point 3 in the scope of the request, as per my original email, and subsequently provide the final version of “Practice Guide - Disability-Related Health Supports”, before the new “Our Guideline” document replaced it.

Please acknowledge that you have received this email and are considering this amendment.

Kind regards,
Emily Lacey

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Dear Emily

I apologise for not addressing this in my decision letter, you have
received the latest version of ‘Practice Guide - Disability-Related Health
Supports’.

However the NDIA did rename the previous version of the document from
Practice Guide - Disability-Related Health Supports to Our Guideline -
Disability-Related Health Supports.

Upon further review of this matter I have identifed that I have provided
you with the inncorrect advice in relation to your review rights and I
apologise for this.

I advised you that you could lodge an internal review with the agency and
this is incorrect. As I have provided you with the decision outside of the
legislative timeframes, only external review rights to the Office of the
Australian Information Conmissioner (OAIC) apply.

Should you wish to lodge a review of my decision please do so at
[1]https://forms.business.gov.au/smartforms....

Kind regards

Nickolas

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

[5]Aboriginal and Torres Strait Islander flags graphic

-----Original Message-----
From: foi <[NDIA request email]>
Sent: Thursday, 29 February 2024 7:33 AM
To: Kruckel, Nickolas <[email address]>
Subject: FW: FOI 23/24-0691 â€“ Your request for information -
Notification of Decision [SEC=OFFICIAL]

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

From: Emily Lacey <[6][FOI #10954 email]>

Sent: Wednesday, February 28, 2024 11:59 PM

To: foi <[7][NDIA request email]>

Subject: Re: FOI 23/24-0691 â€“ Your request for information -
Notification of Decision [SEC=OFFICIAL]

[You don't often get email from
[8][FOI #10954 email]. Learn why this is
important at [9]https://aka.ms/LearnAboutSenderIdentific... ]

Dear Nick,

Thank you for your response.

It appears that you haven’t included all three points of my FOI request in
the scope of the request, only the first two points. The following point
was missing from your decision notice:

“3. If the documents I have named are no longer in use, please provide the
last version of the document that was in use AND the new different
document which supersedes it”

Due to it’s omission, you have not provided me with the document “Practice
Guide - Disability-Related Health Supports”, and instead only included the
document which has replaced it as decision document 2, “Our Guideline
disability-related health supports”.

I ask that you please correct this mistake by including point 3 in the
scope of the request, as per my original email, and subsequently provide
the final version of “Practice Guide - Disability-Related Health
Supports”, before the new “Our Guideline” document replaced it.

Please acknowledge that you have received this email and are considering
this amendment.

Kind regards,

Emily Lacey

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

Dear Emily Lacey

Thank you for your request for information.

Please find attached correspondence and documents 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

Nick

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

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

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

[10][FOI #10954 email]

[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.

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

References

Visible links
1. https://forms.business.gov.au/smartforms...
2. mailto:[NDIA request email]
4. https://intranet.ndiastaff.ndia.gov.au/h...
6. mailto:[FOI #10954 email]
7. mailto:[NDIA request email]
8. mailto:[FOI #10954 email]
9. https://aka.ms/LearnAboutSenderIdentific...
10. mailto:[FOI #10954 email]
11. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Nick,

Can you please provide the section of the FOI Act which says you are unable to complete an internal review for any FOI decision made later than 30 days?

From my own reading and past experience, I understand that I am able to apply for an internal review to any decision made by the agency. It does not matter that you made that decision outside of the original legislated 30 day timeframe. The only time an internal review is not possible is when the agency provides no response at all, within or after the legislated 30 day timeframe, and it becomes a deemed refusal, in which case one couldn’t request of an internal review of decision because there is no decision to review. You made a decision, which means there is something to review, and all I have to do is request it within 30 days of receiving your decision, as per the FOI Act.

I also have not yet formally requested an internal review.

I have previously made an FOI request to the NDIA and received decision documents and a decision notice with an incorrectly defined scope, and then successfully had the original decision maker revise their scope without commencing a formal internal review. As such, I once again ask that you correct your mistake in defining the scope and provide the last “Practice Guide - Disability-Related Health Supports” document.

Kind regards,
Emily Lacey

Dear Nick,

I am awaiting your reply please.

Kind regards,
Emily Lacey

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Dear Emily

Please see below the OAIC policy on internal reviews on deemed matters:

Internal review is not available:

· if the decision was made by a minister or personally by the
principal officer of an agency (ss 54(1), 54A(1))

· if the original decision is a deemed decision, that is, the
decision was not notified to the FOI applicant within the required
timeframe (s 54E(b))

This is can be viewed via the OAIC website, I have attached the link for
your convenience:

[1]Internal review process | OAIC

May I suggest putting in a new request with the scope ‘the last version of
Practice Guide – Disability-Related Health Supports before being renamed
Our Guideline - Disability-Related Health Supports’.

You can address this request to myself and I can process it as a matter of
urgency.

Nickolas

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

[5]Aboriginal and Torres Strait Islander flags graphic

-----Original Message-----
From: foi <[NDIA request email]>
Sent: Friday, 1 March 2024 2:47 PM
To: Kruckel, Nickolas <[email address]>
Subject: FW: FW: FOI 23/24-0691 Your request for information -
Notification of Decision [SEC=OFFICIAL]

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

From: Emily Lacey <[6][FOI #10954 email]>

Sent: Friday, March 1, 2024 11:57 AM

To: foi <[7][NDIA request email]>

Subject: Re: FW: FOI 23/24-0691 Your request for information -
Notification of Decision [SEC=OFFICIAL]

[You don't often get email from
[8][FOI #10954 email]. Learn why this is
important at [9]https://aka.ms/LearnAboutSenderIdentific... ]

Dear Nick,

Can you please provide the section of the FOI Act which says you are
unable to complete an internal review for any FOI decision made later than
30 days?

From my own reading and past experience, I understand that I am able to
apply for an internal review to any decision made by the agency. It does
not matter that you made that decision outside of the original legislated
30 day timeframe. The only time an internal review is not possible is when
the agency provides no response at all, within or after the legislated 30
day timeframe, and it becomes a deemed refusal, in which case one couldn’t
request of an internal review of decision because there is no decision to
review. You made a decision, which means there is something to review, and
all I have to do is request it within 30 days of receiving your decision,
as per the FOI Act.

I also have not yet formally requested an internal review.

I have previously made an FOI request to the NDIA and received decision
documents and a decision notice with an incorrectly defined scope, and
then successfully had the original decision maker revise their scope
without commencing a formal internal review. As such, I once again ask
that you correct your mistake in defining the scope and provide the last
“Practice Guide - Disability-Related Health Supports” document.

Kind regards,

Emily Lacey

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

Dear Emily

I apologise for not addressing this in my decision letter, you have

received the latest version of ‘Practice Guide - Disability-Related Health

Supports’.

However the NDIA did rename the previous version of the document from

Practice Guide - Disability-Related Health Supports to Our Guideline -

Disability-Related Health Supports.

Upon further review of this matter I have identifed that I have provided

you with the inncorrect advice in relation to your review rights and I

apologise for this.

I advised you that you could lodge an internal review with the agency and

this is incorrect. As I have provided you with the decision outside of the

legislative timeframes, only external review rights to the Office of the

Australian Information Conmissioner (OAIC) apply.

Should you wish to lodge a review of my decision please do so at

[1][10]https://aus01.safelinks.protection.outlo....

Kind regards

Nickolas

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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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
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hide quoted sections

Dear Nick,

I understand that an internal review cannot be conducted for deemed refusals. But one must directly consult the appropriate legislation in determining what that applies to. The OAIC ‘Internal Review Process’ page you are relying on and have quoted in your email refers to s 54E(b). This section reads:

“ FREEDOM OF INFORMATION ACT 1982 - SECT 54E
Internal review--decisions to which this Part does not apply
** This Part does not apply in relation to:
**** (a) a decision on internal review; or
**** (b) a decision in relation to the provision of access to a document upon a request that is taken to have been made under section 15AC or 51DA.”

… and if you then follow that to s 15AC which defines the conditions under which a deemed refusal is applied…

“ FREEDOM OF INFORMATION ACT 1982 - SECT 15AC
Decision not made on request within time--deemed refusal
** Scope
**** (1) This section applies if:
******** (a) a request has been made to an agency or Minister; and
******** (b) the period (the initial decision period ) covered by subsection (2) has ended since the day the request was received by, or on behalf of, the agency or Minister; and
******** (c) notice of a decision on the request has not been received by the applicant.”

It is very clear that it must satisfy criteria (a), (b), AND (c) to be a deemed refusal. There is no qualifier given to 15AC(c) regarding when the decision notice is received by the applicant. Thus, my FOI 23/24-0691 is not considered to be a deemed refusal because I have received a decision notice from the agency.

Thank you for your offer to urgently process a new request on this matter. I see that submitting a new request may be the fastest or easiest way to receive the document you omitted, but as a matter of principle I cannot do that at this stage.

I will be submitting a formal request for an internal review of your decision.

Yours sincerely,
Emily Lacey

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’ and ‘Standard Operating Procedure – Include Disability-Related Health Supports in a Plan’'.

***** SUMMARY OF EVENTS:

* I submitted an FOI request on the 8th of December 2023.

* I received a Decision Notice and 2 Decision Documents on the 28th of February 2024 (82 days after request).

* Upon reading the Decision Notice I became aware that point 3 of my request had been omitted from the scope of the request, which only included point 1 and 2. Due to point 3’s omission, I was not provided with all of the documents requested.

* On the 29th of February I responded requesting that the scope be corrected and for me to be issued a copy the missing document. I was hoping this could be achieved without formal review as it was such a clear mistake.

* FOI Officer Nickolas did not correct his omission, and additionally, he informed me that he had misinformed me about my review rights and that due to the decision being made outside of the initial 30 day processing period it was ineligible for internal review.

* I sent two emails, on the 1st and 6th of March requesting clarification on the legislation surrounding his interpretation and decision to deny my ability for internal review, as I did not understand him to be correct.

* I received a response on the 7th of March from FOI Officer Nickolas reaffirming that my request was ineligible for internal review and quoted OAIC’s Internal Review Process page. He did not provide the relevant FOI legislation as I had requested and offered no further explanation.

* FOI Officer Nickolas kindly suggested that I submit a new request for information and that he would personally process it as a matter of urgency.

* I replied on the 9th of March again explaining why I do not agree with his categorisation with this as a “deemed refusal” and additionally provided the relevant FOI legislation I believe is relevant to the issue.

* I informed FOI Officer Nickolas that I do not feel comfortable resubmitting my request as a matter of principle, and that I would be submitting a formal request for internal review of the decision.

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...

***** REQUEST FOR INTERNAL REVIEW OF DECISION FOI 23/24-0691:

My original request read:
“ 1. ‘Practice Guide – Disability-Related Health Supports’ (internal link: https://intranet.ndiastaff.ndia.gov.au/s...)
2. ‘Standard Operating Procedure – Include Disability-Related Health Supports in a Plan’ (internal link: https://intranet.ndiastaff.ndia.gov.au/s...)
3. If the documents I have named are no longer in use, please provide the last version of the document that was in use AND the new different document which supersedes it.”

Point 3 of my request was omitted from the defined ‘scope of request’. As such I did not receive the “Practice Guide - Disability-Related Health Supports”. And I instead only received the document which has replaced it as decision DOCUMENT 2 (titled “Our Guideline disability-related health supports”).

I ask that you please correct this mistake by including point 3 in the scope of the request, and subsequently provide the final version of “Practice Guide - Disability-Related Health Supports” before the new “Our Guideline” document replaced it, as per my initial request email.

Kind regards,
Emily Lacey

Dear National Disability Insurance Agency,

I have not received a reply or acknowledgement to my request for internal review of FOI 23/24-0691 that I sent on March 9th. Please respond.

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...

Kind regards,
Emily Lacey

Dear National Disability Insurance Agency,

I have not received a reply or acknowledgement to my request for internal review of FOI 23/24-0691 that I sent on March 9th. Is anyone going to let me know what happening with this request?

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...

Kind regards,
Emily Lacey

Dear National Disability Insurance Agency,

I would appreciate receiving a response to my request for internal review. If the decision has been made that my request is not eligible for internal review, I would really like to hear that from a more senior officer please. Then we can put this to rest properly. I’m finding the lack of communication to be very disappointing.

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...

Many thanks,
Emily Lacey

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Dear Emily Lacey,
Please accept my apologies sincere apologies for the significant delay in
acknowledging your request for an internal review for matter FOI
23/24-0691.
In the case of matter FOI 23/24-0691 which your internal review request
relates to, though we did supply some documents to you, regrettably we did
so after the statutory 30 days processing time, which the FOI Act in
Section 15AC(1) views as a deemed refusal decision (located in Part III) -
[1]Federal Register of Legislation - Freedom of Information Act 1982.
Consequently, the result of a deemed refusal is that Internal Review
rights are no longer available as per Section 54E(b) of the FOI Act. An
explanation of this can be found within the OAIC FOI Guidelines -
[2]Internal review process | OAIC , sub section 'Availability' which
states that:
“ internal review is not available if the original decision is a deemed
decision, that is the decision was not notified to the FOI applicant
within the required timeframe (s 54E(b)). In these situations, a person
can apply for IC (Information Commissioner) review”.

If you wish to apply for IC review, you need to apply within 60 days of
the date you received our decision letter for FOI 23/24-0691 – 28 February
2024 (therefore, I calculate the IC review request deadline to be 28 April
2024).
The details regarding how to lodge an IC review can be found in Attachment
B of the decision letter. For your convenience, here are the details:
Applications for review can be lodged with the OAIC in the following ways:
Online: [3]www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Email: [4][email address]
Phone: 1300 363 992 (local call charge)
Alternatively and as a way forward, I am happy to accept this email as a
fresh request under the FOI Act for if wish. Pease responde by COB Friday
26 April 2024 if you wish for this matter to be processed as a fresh FOI
request.
Again, I do acknowledge how frustrating and delayed this process has been
for you and offer you my sincere apologies.

Please contact me at [5][NDIA request email] if you have any questions or
require help.

Kind regards

Misty L (MIL 275)
Assistant Director FOI
Governance, Risk & Legal – Complaints Management & FOI
General Counsel Division
National Disability Insurance Agency
E: [6][NDIA request email]
[7][IMG]
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 <[FOI #10954 email]>
Sent: Saturday, March 9, 2024 4:14 PM
To: foi <[NDIA request email]>
Subject: Internal review of Freedom of Information request - ‘Practice
Guide – Disability-Related Health Supports’ and ‘Standard Operating
Procedure – Include Disability-Related Health Supports in a Plan’

[You don't often get email from
[8][FOI #10954 email]. Learn why this is
important at [9]https://aka.ms/LearnAboutSenderIdentific... ]

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’ and ‘Standard Operating Procedure –
Include Disability-Related Health Supports in a Plan’'.

***** SUMMARY OF EVENTS:

* I submitted an FOI request on the 8th of December 2023.

* I received a Decision Notice and 2 Decision Documents on the 28th of
February 2024 (82 days after request).

* Upon reading the Decision Notice I became aware that point 3 of my
request had been omitted from the scope of the request, which only
included point 1 and 2. Due to point 3’s omission, I was not provided with
all of the documents requested.

* On the 29th of February I responded requesting that the scope be
corrected and for me to be issued a copy the missing document. I was
hoping this could be achieved without formal review as it was such a clear
mistake.

* FOI Officer Nickolas did not correct his omission, and additionally, he
informed me that he had misinformed me about my review rights and that due
to the decision being made outside of the initial 30 day processing period
it was ineligible for internal review.

* I sent two emails, on the 1st and 6th of March requesting clarification
on the legislation surrounding his interpretation and decision to deny my
ability for internal review, as I did not understand him to be correct.

* I received a response on the 7th of March from FOI Officer Nickolas
reaffirming that my request was ineligible for internal review and quoted
OAIC’s Internal Review Process page. He did not provide the relevant FOI
legislation as I had requested and offered no further explanation.

* FOI Officer Nickolas kindly suggested that I submit a new request for
information and that he would personally process it as a matter of
urgency.

* I replied on the 9th of March again explaining why I do not agree with
his categorisation with this as a “deemed refusal” and additionally
provided the relevant FOI legislation I believe is relevant to the issue.

* I informed FOI Officer Nickolas that I do not feel comfortable
resubmitting my request as a matter of principle, and that I would be
submitting a formal request for internal review of the decision.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[10]https://aus01.safelinks.protection.outlo...

***** REQUEST FOR INTERNAL REVIEW OF DECISION FOI 23/24-0691:

My original request read:

“ 1. ‘Practice Guide – Disability-Related Health Supports’ (internal link:
[11]https://aus01.safelinks.protection.outlo......
)

2. ‘Standard Operating Procedure – Include Disability-Related Health
Supports in a Plan’ (internal link:
[12]https://aus01.safelinks.protection.outlo......
)

3. If the documents I have named are no longer in use, please provide the
last version of the document that was in use AND the new different
document which supersedes it.”

Point 3 of my request was omitted from the defined ‘scope of request’. As
such I did not receive the “Practice Guide - Disability-Related Health
Supports”. And I instead only received the document which has replaced it
as decision DOCUMENT 2 (titled “Our Guideline disability-related health
supports”).

I ask that you please correct this mistake by including point 3 in the
scope of the request, and subsequently provide the final version of
“Practice Guide - Disability-Related Health Supports” before the new “Our
Guideline” document replaced it, as per my initial request email.

Kind regards,

Emily Lacey

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hide quoted sections

Dear Misty L,

Thank you for your reply.

I would like to take you up on the offer to consider my email as a fresh request for information under the FOI Act, to receive the last internal document under the title "Practice Guide – Disability-Related Health Supports" before being superseded by the Our Guidelines document which was provided as a part of FOI 23/24-0691.

I would also just like to formally express disappointment that my right to an internal review was denied as a result of the agency's mismanagement of my request. I know my request is not the only one that has been left to time out, and with communication from the FOI department routinely stating that you are behind on the volume of requests coming in, it appears that totally ignoring requests until they will no longer be eligible for an internal is a convenient way for you to reduce the overall workload. I sincerely hope that ensuring extensions are requested by the agency within the legisalted timeframes has been made a priority going forward.

I also can't help but find it hilariously hypocritical that I was allowed only 3 days to confirm I wanted this to be continued under a new FOI, when the agency took 66 days to even first acknowledge my request, 82 days to make a decision, and then 46 days to respond to my request for internal review.

I look forward to receiving the document I first requested 140 days ago.

A full history of my FOI request (FOI 23/24-0691) and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/p...

Yours sincerely,
Emily Lacey

Emily Lacey left an annotation (April 26, 2024)

Update with document attached: Misty has actually supplied the document we've been arguing about in response to another very similar request on March 13th. Feels a bit like Nick or Misty could have just sent it to me during this whole back and forth we have been having in the 6 weeks since then... but never mind.

Practice Guide - Disability-Related Health Supports (V6.0 2020-09-29) is available here: https://www.righttoknow.org.au/request/1...

It was released as a part of FOI 23.24-0538, which you can find here on RTK: https://www.righttoknow.org.au/request/1...

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Emily Lacey left an annotation (April 26, 2024)

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