Replacement Supports – guidance and document development information
Dear National Disability Insurance Agency,
I'm writing to request access to documents under the Freedom of Information Act 1982:
––––––––––––––––––––––––––––––––––––––––––––––––
(1). All internal guidance and policy documents related to 'replacement supports'. Please provide a copy of each version of these documents, including both final and draft versions.
(2). All emails between NDIA staff, involved in the development or endorsement of the 'Replacement list (DOCX 288KB)' document, where the document is discussed. Please include a copy of any documents attached or linked in the emails.
(3). All meeting briefs/papers that involve the development or endorsement of the 'Replacement list (DOCX 288KB)' document.
(4). All meeting briefs/papers that involve the development or endorsement of the documents identified for section (1) of this request.
Please include all identified documents in full. I consider all parts of a document to be relevant, even if they are addressing topics other than 'replacement supports'.
––––––––––––––––––––––––––––––––––––––––––––––––
For context, the 'Replacement list (DOCX 288KB)' document can be found on this NDIS webpage: https://ourguidelines.ndis.gov.au/would-...
You may redact the surnames of staff who are not publicly listed as employees of the NDIA. However, please ensure that the full names of senior staff members, executive team members, or public officials remain visible in the documents.
I can be contacted at this address if you require further information or clarification.
Thank you for your assistance.
Yours faithfully,
CS
Thank you for your email to the National Disability Insurance Agency
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Kind regards
Freedom of Information Team
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [11][NDIA request email]
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
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Dear Clementine Saber
Freedom of Information Request: Acknowledgement
Thank you for your request of 2 October 2024, made under the Freedom of
Information Act 1982 (FOI Act), for copies of documents held by the
National Disability Insurance Agency (NDIA).
Scope of your Request
You have requested access to:
“(1). All internal guidance and policy documents related to 'replacement
supports'. Please provide a copy of each version of these documents,
including both final and draft versions.
(2). All emails between NDIA staff, involved in the development or
endorsement of the 'Replacement list (DOCX 288KB)' document, where the
document is discussed. Please include a copy of any documents attached or
linked in the emails.
(3). All meeting briefs/papers that involve the development or
endorsement of the 'Replacement list (DOCX 288KB)' document.
(4). All meeting briefs/papers that involve the development or
endorsement of the documents identified for section (1) of this request.
Please include all identified documents in full. I consider all parts of a
document to be relevant, even if they are addressing topics other than
'replacement supports'.
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 3 October 2024. This
30-day period expires on 1 November 2024.
The 30-day period can be extended in a number of ways, including with your
agreement.
Unfortunately, it is currently taking us a little longer than 30 days to
process FOI requests. I am therefore seeking your agreement to a 30-day
extension of time under section 15AA of the FOI Act. If you agree to this
extension, the new due date for us to decide on your request will be 1
December 2024.
If you do not agree and we are unable to process your request within the
30-day period expiring on 1 November 2024, we will be deemed to have
refused your request and you will not have a right to seek internal review
of that decision. You will, however, retain your right to external review
by the Australian Information Commissioner.
Please let us know if you agree by 14 October 2024.
Disclosure Log
Subject to certain exceptions, documents released under the FOI Act will
be published on the NDIA’s disclosure log located on our website.
If you have any concerns about the publication of the documents you have
requested, please contact me.
Next steps
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decision-maker may need to contact you to discuss a range of matters,
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In the meantime, if you have any questions or need help, please contact us
at [1][NDIA request email].
Regards
Mykal
Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
-----Original Message-----
From: clementine saber <[FOI #12133 email]>
Sent: Wednesday, October 2, 2024 8:50 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - Replacement Supports – guidance
and document development information
[You don't often get email from
[6][FOI #12133 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]
Dear National Disability Insurance Agency,
I'm writing to request access to documents under the Freedom of
Information Act 1982:
––––––––––––––––––––––––––––––––––––––––––––––––
(1). All internal guidance and policy documents related to
'replacement supports'. Please provide a copy of each version of these
documents, including both final and draft versions.
(2). All emails between NDIA staff, involved in the development or
endorsement of the 'Replacement list (DOCX 288KB)' document, where the
document is discussed. Please include a copy of any documents attached or
linked in the emails.
(3). All meeting briefs/papers that involve the development or
endorsement of the 'Replacement list (DOCX 288KB)' document.
(4). All meeting briefs/papers that involve the development or
endorsement of the documents identified for section (1) of this request.
Please include all identified documents in full. I consider all parts of a
document to be relevant, even if they are addressing topics other than
'replacement supports'.
––––––––––––––––––––––––––––––––––––––––––––––––
For context, the 'Replacement list (DOCX 288KB)' document can be found on
this NDIS webpage:
[8]https://aus01.safelinks.protection.outlo...
You may redact the surnames of staff who are not publicly listed as
employees of the NDIA. However, please ensure that the full names of
senior staff members, executive team members, or public officials remain
visible in the documents.
I can be contacted at this address if you require further information or
clarification.
Thank you for your assistance.
Yours faithfully,
CS
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This request has been made by an individual using Right to Know. This
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Please note that in some cases publication of requests and responses will
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If you find this service useful as an FOI officer, please ask your web
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this information is prohibited and may result in severe penalties. If you
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with any attachments. Please consider the environment before printing this
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References
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8. https://ourguidelines.ndis.gov.au/would-...
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Dear National Disability Insurance Agency,
I don’t agree to a 30-day extension of time. The result of this request could be of significant public interest because of the legislation amendments and changes to the NDIS support rules that took effect on 3 October 2024, so I don’t believe it’s reasonable for the NDIA’s response to be delayed in this case.
Please give confirmation that you’ve received this notification and are proceeding accordingly.
Yours faithfully,
Clementine Saber
Dear Clementine Saber
Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management and FOI Branch
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
-----Original Message-----
From: clementine saber <[FOI #12133 email]>
Sent: Wednesday, 2 October 2024 8:50 PM
To: foi <[NDIA request email]>
Subject: Freedom of Information request - Replacement Supports – guidance
and document development information
[You don't often get email from
[6][FOI #12133 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]
Dear National Disability Insurance Agency,
I'm writing to request access to documents under the Freedom of
Information Act 1982:
––––––––––––––––––––––––––––––––––––––––––––––––
(1). All internal guidance and policy documents related to
'replacement supports'. Please provide a copy of each version of these
documents, including both final and draft versions.
(2). All emails between NDIA staff, involved in the development or
endorsement of the 'Replacement list (DOCX 288KB)' document, where the
document is discussed. Please include a copy of any documents attached or
linked in the emails.
(3). All meeting briefs/papers that involve the development or
endorsement of the 'Replacement list (DOCX 288KB)' document.
(4). All meeting briefs/papers that involve the development or
endorsement of the documents identified for section (1) of this request.
Please include all identified documents in full. I consider all parts of a
document to be relevant, even if they are addressing topics other than
'replacement supports'.
––––––––––––––––––––––––––––––––––––––––––––––––
For context, the 'Replacement list (DOCX 288KB)' document can be found on
this NDIS webpage:
[8]https://aus01.safelinks.protection.outlo...
You may redact the surnames of staff who are not publicly listed as
employees of the NDIA. However, please ensure that the full names of
senior staff members, executive team members, or public officials remain
visible in the documents.
I can be contacted at this address if you require further information or
clarification.
Thank you for your assistance.
Yours faithfully,
CS
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[9][FOI #12133 email]
Is [10][NDIA request email] the wrong address for Freedom of Information
requests to National Disability Insurance Agency? If so, please contact us
using this form:
[11]https://aus01.safelinks.protection.outlo...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[12]https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************
References
Visible links
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2. mailto:[NDIA request email]
6. mailto:[FOI #12133 email]
7. https://aka.ms/LearnAboutSenderIdentific...
8. https://ourguidelines.ndis.gov.au/would-...
9. mailto:[FOI #12133 email]
10. mailto:[NDIA request email]
11. https://www.righttoknow.org.au/change_re...
12. https://www.righttoknow.org.au/help/offi...
Dear Patrick,
Are the following alterations enough to process the request?
Revised scope:
(1 Revised Version). All internal guidance and policy documents related to 'replacement supports'. Please provide the most current version of each document, whether this is a final or draft version.
(2 Revised Version). Emails to or from an acting or permanent: Deputy CEO, General Manager, or the Chief Legal Counsel at the NDIA regarding the development or endorsement of the 'Replacement list (DOCX 288KB)' document, where the document is discussed. Please include a copy of any documents attached or linked in the emails.
(3). All meeting briefs/papers that involve the development or endorsement of the 'Replacement list (DOCX 288KB)' document.
And exclude point (4) from my request.
Thank you for your assistance.
Yours faithfully,
Clementine Saber
Dear Clementine
Thank you for your response and suggested scope revision, which states:
“…(1 Revised Version). All internal guidance and policy documents related
to 'replacement supports'. Please provide the most current version of each
document, whether this is a final or draft version.
(2 Revised Version). Emails to or from an acting or permanent: Deputy CEO,
General Manager, or the Chief Legal Counsel at the NDIA regarding the
development or endorsement of the 'Replacement list (DOCX 288KB)'
document, where the document is discussed. Please include a copy of any
documents attached or linked in the emails.
(3). All meeting briefs/papers that involve the development or endorsement
of the 'Replacement list (DOCX 288KB)' document.
And exclude point (4) from my request…”
I have consulted with the Data Team who conducted searches for point 2 on
your request and they have advised that they are unable to perform
searches on organisation positions and would only be able to perform the
searches you have requested if given names of Deputy CEO’s, General
Managers or Chief Legal Counsel. Given this, the issue still stands that
there would be 588 items located by the Data team to scrutinise whether
they fall within the scope of your request, and the practical refusal
reason still stands.
Given it may be difficult to narrow your scope at this stage, I suggest
removing point 2, and submitting it as a new Freedom of Information
request using the [1]Organisational structure | NDIS. Your new request
could name a specific role within the organisation, this would narrow down
the people considered for searches considerably, given that currently
there are approximately 25 Deputy CEOs and General Managers with further
people acting in these positions over the years.
Please reach out to me on [2][NDIA request email] if you require any
assistance.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management and FOI Branch
National Disability Insurance Agency
E [3][NDIA request email]
[4]NDIA logo
[5]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.
[6]Aboriginal and Torres Strait Islander flags graphic
-----Original Message-----
From: clementine saber <[7][FOI #12133 email]>
Sent: Wednesday, 13 November 2024 1:50 AM
To: foi <[8][NDIA request email]>
Subject: Re: FOI 24/25-0432 - Communication - Request for Consultation
[SEC=OFFICIAL]
Dear Patrick,
Are the following alterations enough to process the request?
Revised scope:
(1 Revised Version). All internal guidance and policy documents related to
'replacement supports'. Please provide the most current version of each
document, whether this is a final or draft version.
(2 Revised Version). Emails to or from an acting or permanent: Deputy CEO,
General Manager, or the Chief Legal Counsel at the NDIA regarding the
development or endorsement of the 'Replacement list (DOCX 288KB)'
document, where the document is discussed. Please include a copy of any
documents attached or linked in the emails.
(3). All meeting briefs/papers that involve the development or endorsement
of the 'Replacement list (DOCX 288KB)' document.
And exclude point (4) from my request.
Thank you for your assistance.
Yours faithfully,
Clementine Saber
-----Original Message-----
Dear Clementine Saber
Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management and FOI Branch
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[9][FOI #12133 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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Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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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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2. mailto:[NDIA request email]
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7. mailto:[FOI #12133 email]
8. mailto:[NDIA request email]
9. mailto:[FOI #12133 email]
10. https://www.righttoknow.org.au/help/offi...
Dear Patrick,
Are you not able to crosscheck the names of the "acting or permanent Deputy CEOs,
General Managers, or the Chief Legal Counsels" using the NDIA's internal record of the organisational structure, and then make the search using the names you identify?
It was unclear to me whether the NDIS Organisational Structure webpage is currently up to date and there's also no way for me to view the given names of past position holders, hence why I chose to provide their position rather than their given name in my request.
To me it would seem denying the request based on the absence of given names when I have provided position level/title would go against the OAIC FOI Guidelines for assisting the applicant in their request and because "agencies and ministers should undertake a reasonable search on a flexible and common sense interpretation of the terms of the request". As the applicant and a member of the general public, I can't know something that I don't know in order to help you identify the correct documents.
To further clarify the request, I can provide another revision of point 2 that includes a date range and specific position titles, but I don't think it's fair to require that I provide given names that aren't available to me.
"(2 Revised V2.0).
Emails sent between January 1st 2024 and October 2nd 2024, to or from acting or permanent NDIA staff who held the following positions at that time, regarding the development or endorsement of the 'Replacement list (DOCX 288KB)' document, where the document is discussed:
- Deputy CEO, First Nations
- Deputy CEO, Integrity Transformation and Fraud Fusion Taskforce
- Deputy CEO, Partners, Providers and Home and Living
- Deputy CEO, Service Delivery
- Deputy CEO, Service Design and Improvement
- Deputy CEO, Governance, Risk and Legal
- General Manager, Integrity Transformation (Integrity Transformation and Fraud Fusion Taskforce)
- General Manager, Fraud Fusion Taskforce and Integrity Capability (Integrity Transformation and Fraud Fusion Taskforce)
- General Manager, Partners (Partners, Providers and Home and Living)
- General Manager, Home and Living (Partners, Providers and Home and Living)
- General Manager, Providers and Market Coordination (Partners, Providers and Home and Living)
- General Manager, Pricing and Market Stewardship (Partners, Providers and Home and Living)
- General Manager, QLD State Manager (Service Delivery)
- General Manager, NSW State Manager (Service Delivery)
- General Manager, VIC State Manager (Service Delivery)
- General Manager, Specialised Service Delivery (Service Delivery)
- General Manager, SA, WA, NT and Remote Services (Service Delivery)
- General Manager, Operations, Performance & Capability (Service Delivery)
- General Manager, Service Design (Service Design and Improvement)
- General Manager, Co-Design and Engagement (Service Design and Improvement)
- General Manager, Policy, Evidence and Practice Leadership (Service Design and Improvement)
- General Manager, Strategic Communications (Service Design and Improvement)
- Chief Legal Counsel (Governance, Risk and Legal)
- General Manager, Government (Governance, Risk and Legal)
- General Counsel (Governance, Risk and Legal)
- General Manager for Chief Counsel (Governance, Risk and Legal)
- General Manager, Risk, Audit and Resilience (Chief Risk Officer) (Governance, Risk and Legal)
- General Manger Analytics Data and Actuarial and Chief Data Officer (Enabling Services / Chief Operating Office)
Please include a copy of any documents attached or linked in the identified emails."
Thank you for your assistance.
Yours faithfully,
Clementine Saber