requesting review of NDIA's refusal for internal review of AAT CMG for autism
Dear Office of the Australian Information Commissioner,
I hereby request an external review from the Office of
the Australian Commissioner (OAIC) of the NDIA's response to my FoI request - see https://www.righttoknow.org.au/request/r...
Yours faithfully,
Bob Buckley
Your email has been received by the Office of Australian Information
Commissioner.
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References
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1. https://www.oaic.gov.au/about-us/access-...
2. https://www.oaic.gov.au/about-us/contact...
Our reference: MR24/01605
Agency reference: FOI 24/25-0080
Mr Bob Buckley
By email: [FOI #12085 email]
Receipt of your IC review application
Dear Mr Buckley
Thank you for your application for Information Commissioner Review regarding the deemed access refusal decision made by the National Disability Insurance Agency (the Agency) on 21 August 2024. Please accept our apologies for our delay in acknowledging receipt of your application.
The Agency was required to provide you with a decision by 21 August 2024. As you did not receive a decision on your request until 19 September 2024 the Agency is deemed to have refused your request when they failed to provide you a decision in time. The IC review will consider the Agency’s deemed refusal of your request and the Agency’s decision letter you provided in your IC review application.
The Office of the Australian Information Commissioner (OAIC) is currently considering your application.
We understand that you are seeking a review of the searches undertaken by the respondent to identify all documents relevant to your request.
Please note that the OAIC’s preference is to receive IC review applications through our online Information Commissioner Review Application form (available at https://www.oaic.gov.au/freedom-of-infor...), as this allows an application to be automatically registered and acknowledged, which in turn allows us to progress an application more quickly. Please note that future applications that are made by email will take longer to acknowledge and progress as they require manual registration.
If you wish to advise the OAIC of any changes to your circumstances, including your contact details or if your FOI request has been resolved, please write to [email address] and quote MR24/01605.
Otherwise we will write to you with an update on next steps once your application has been assessed.
Kind regards
Will Martin (he/him)
Assistant Review Advisor | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [email address]
Please note: The OAIC has revised its IC review procedures from 1 July 2024. For more information about these revised procedures, including new resources to assist applicants and respondents, see our webpage: Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
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Our reference: MR24/01605
Agency reference: FOI 24/25-0080
FOI Contact Officer
National Disability Insurance Agency
By email: [1][email address]
Bob Buckley
By email: [2][FOI #12085 email]
Information Commissioner review - Notice of commencement
Dear parties,
Please find attached notice of commencement for the above referenced
Information Commissioner review (IC review).
It appears that the Agency’s decision dated 19 September 2024, was not
made within the statutory timeframe. As such, the IC reviewable decision
remains the Agency’s deemed access refusal decision of 21 August 2024. The
purported decision, taken to be a submission, cannot be considered a
variation of an access refusal decision under s 55G of the FOI Act.
Should the Agency decide to grant access during the IC review process,
this must be made in accordance with s 55G of the FOI Act.
The OAIC requires the agency to engage with applicants to resolve or
narrow the issues in dispute. Applicants are encouraged to actively
communicate with the agency to facilitate this engagement.
Please note, Annexure A and B of the notice provide further information
about the obligations of parties during the IC review process.
Kind regards,
[3][IMG] Claire Lynch (she/her)
Assistant Review Adviser
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
Please note: The OAIC revised its IC review procedures as of 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage: [5]OAIC
Information Commissioner Reviews | Procedure Directions
The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and
present.
[6]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[email address]
2. mailto:[FOI #12085 email]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/engage-with-us/n...
Dear Bob Buckley,
We refer to the below email from the Office of the Australian Information
Commissioner notifying the NDIA of the commencement of a review of your
FOI matter (Our ref: FOI 24/25-0080).
In accordance with that notice, please see attached the following:
1. Revised decision under section 55G of the FOI Act;
2. Document in relation to your request;
3. Submissions to the Information Commissioner.
If you require these in a different format, or have any questions, please
let us know.
Kind Regards
Liz
Information Access Review Team
Complaints Management and FOI Branch
General Counsel Division
National Disability Insurance Agency
E: [1][email address]
[2]NDIA logo
[3]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[4]Aboriginal and Torres Strait Islander flags graphic
From: OAIC - FOI DR <[email address]>
Sent: Tuesday, 5 November 2024 12:36 PM
To: foi <[email address]>; [FOI #12085 email]
Subject: OAIC - Response due 26/11/24 on FOI 24/25-0080 - MR24/01605
Notice of Information Commissioner review [SEC=OFFICIAL]
Our reference: MR24/01605
Agency reference: FOI 24/25-0080
FOI Contact Officer
National Disability Insurance Agency
By email: [5][email address]
Bob Buckley
By email: [6][FOI #12085 email]
Information Commissioner review - Notice of commencement
Dear parties,
Please find attached notice of commencement for the above referenced
Information Commissioner review (IC review).
It appears that the Agency’s decision dated 19 September 2024, was not
made within the statutory timeframe. As such, the IC reviewable decision
remains the Agency’s deemed access refusal decision of 21 August 2024. The
purported decision, taken to be a submission, cannot be considered a
variation of an access refusal decision under s 55G of the FOI Act.
Should the Agency decide to grant access during the IC review process,
this must be made in accordance with s 55G of the FOI Act.
The OAIC requires the agency to engage with applicants to resolve or
narrow the issues in dispute. Applicants are encouraged to actively
communicate with the agency to facilitate this engagement.
Please note, Annexure A and B of the notice provide further information
about the obligations of parties during the IC review process.
Kind regards,
[7][IMG] Claire Lynch (she/her)
Assistant Review Adviser
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [8][email address]
Please note: The OAIC revised its IC review procedures as of 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage: [9]OAIC
Information Commissioner Reviews | Procedure Directions
The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and
present.
[10]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[email address]
3. https://intranet.ndiastaff.ndia.gov.au/h...
5. mailto:[email address]
6. mailto:[FOI #12085 email]
7. https://www.oaic.gov.au/
8. mailto:[email address]
9. https://www.oaic.gov.au/freedom-of-infor...
10. https://www.oaic.gov.au/engage-with-us/n...
Our reference: MR24/01605
Agency reference: FOI 24/25-0080
Bob Buckley
By email: [1][FOI #12085 email]
Your IC review application about the National Disability Insurance Agency
Good morning,
On 22 July 2024, you made a Freedom of Information (FOI) request to the
National Disability Insurance Agency (the Department).
On 25 September 2024, you requested an Information Commissioner (IC)
review of your Freedom of Information request to the Department because
you had not received a decision by the due date.
On 15 November 2024, the Department notified the Office of the Australian
Information Commissioner (OAIC) it has now provided you with a decision,
dated 15 November 2024.
The Department has advised that the Decision was sent by way of email to
‘[email address]’ on 15 November 2024
As you have now received a decision, the reason for your IC review
application appears to be resolved.
Action required by you before 3 December 2024:
1. If the decision has satisfied your request and you no longer require
an IC review, please reply to this email stating “I no longer require
an IC review”.
2. If you wish to proceed with your IC review application, you must tell
us which parts of the decision you disagree with and why, including:
· which documents you consider were not provided or should have
been provided, or
· which exemptions you consider should not have been applied.
Intention not to continue to undertake Your IC review
The Commissioner’s written [2]direction to IC review applicants provides
that:
o where an applicant wishes to proceed with a review of a substantive
decision they must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review [2.25], and
o applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond [2.22].
Section 54W(c) of the Freedom of Information Act 1982 provides that the IC
may decide not to continue to undertake a review where an applicant fails
to comply with a direction of the IC.
As such, if we do not hear from you by 3 December 2024, we intend to
exercise the discretion to finalise your IC review application.
Assistance
If you are unable to respond by 3 December 2024, you must request more
time at the earliest opportunity and no later than 29 November 2024.
Requests for more time must explain why you need more time, and you must
tell us when you will be able to provide a response'
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR24/01605 in all correspondence.
Kind
regards,
[4][IMG] Omid Azizi
Assistant Review Adviser
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [5][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[6]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #12085 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/engage-with-us/n...
Dear OAIC - FOI DR,
Item 3 in my original request was for information relating to the disposition of the CM Guide. I believe documents showing the transfer of responsibility for the review of the CM Guide lie within the scope of this request.
The NDIA refuses to provide any such documents. This is the main point of my reuest for you to to review the NDIS's FoI decision.
Yours sincerely,
Bob Buckley
Dear OAIC - FOI DR,
I am extremely puzzled by the NDIA's response.
As I understand it, there is a document showing that initial work on reviewing the CMG at the centre of this issue. That document has been provided.
The Agency's decision document states
"They also confirmed that review of the document commenced at the end of
August 2023 and was sent by the Quality, Reporting, Strategy and Training Team (QRST) to
the Director of Communication and Engagement within AAT CM on 5 September 2023.
While the Director of Communication and Engagement made notes to the document, the
QRST Director decided no amendments or revisions were required. As such the review was
finalised. "
The information described above is the "disposition" of the CMG that I requested. Why is this information not provided?
Yours sincerely,
Bob Buckley