review of AAT Case Management Guide for severely autistic children
Dear National Disability Insurance Agency,
Previously, FOI 23/24-0029 revealed the existence of the NDIA's AAT Case Management Guide for Applied Behaviour Analysis (ABA) 4/1/2023. Subsequently, FOI 23/24-201 showed the guide was meant to be reviewed 6-monthly.
Please provide all information (since 4/1/2023), in accordance with the Freedom of Information Act, relating to any and all reviews or the disposition of the aforementioned Guide and any revised versions or replacement guides.
Please include (but not limited to):
1. information, advice, recommendations, etc. that are outcomes of from reviews conducted.
2. information relating to the scheduling, conduct, and to inform the review process for the guide.
3. changes to the disposition of the guide.
4. community concerns about the guide and the NDIA's considerations of those concerns.
Yours faithfully,
Bob Buckley
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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]
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Dear National Disability Insurance Agency,
The due date for my FoI request (22/7/2024) is now passed without your response.
Please provide an update on your progress with this request.
Yours faithfully,
Bob Buckley
Dear Bob Buckley
Freedom of Information Request: Acknowledgement
Thank you for your request of 22 July 2024, made under the Freedom of
Information Act 1982 (FOI Act), for access to a document/documents held by
the National Disability Insurance Agency (NDIA).
Scope of you request
You have requested access to:
“Dear National Disability Insurance Agency, Previously, FOI 23/24-0029
revealed the existence of the NDIA's AAT Case Management Guide for Applied
Behaviour Analysis (ABA) 4/1/2023. Subsequently, FOI 23/24-201 showed the
guide was meant to be reviewed 6-monthly.
Please provide all information (since 4/1/2023), in accordance with the
Freedom of Information Act, relating to any and all reviews or the
disposition of the aforementioned Guide and any revised versions or
replacement guides.
Please include (but not limited to):
1. information, advice, recommendations, etc. that are outcomes of from
reviews conducted.
2. information relating to the scheduling, conduct, and to inform the
review process for the guide.
3. changes to the disposition of the guide.
4. community concerns about the guide and the NDIA's considerations of
those concerns.”
Processing timeframes
A 30-day statutory period for processing your request commenced from 23
July 2024, in accordance with section 15(5)(b) of the FOI Act. Therefore,
the due date for a decision on access was 21 August 2024. However, I note
this time has lapsed and as a result we are deemed to have refused your
application under section 15AC of the FOI Act.
We sincerely apologise for the delay. We confirm we are continuing to
process your request for information and will ensure to provide you the
documents as soon as practical.
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log, located on our website at [1]FOI Disclosure log | NDIS.
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requested, please contact us at [2][NDIA request email].
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Regards
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management and FOI Branch
National Disability Insurance Agency
E [5][NDIA request email]
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[7]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.
[8]Aboriginal and Torres Strait Islander flags graphic
Dear Bob Buckley
Thank you for your request for information.
Please find attached correspondence and a document 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
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
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 'review of AAT Case Management Guide for severely autistic children'.
Your Notice of Decision document says ...
the guide was sent to the Director for Communication and Engagement who made notes (Document 1) as part of the initial review. The Director for QRST decided that as no substantial changes were required, and no changes were known or anticipated to the Agency’s policy approach to ABA, the document did not need to be amended or revised. This decision concluded the review.
The Legal Practice and Capability Branch confirmed that this guide is due to be reviewed 12 months from September 2023.
But none of this communication or information about the reassignment of responsibility is included in the documents you provided. I regard al this information as relevant to my request. Please review your decision to exclude this information.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/r...
Yours faithfully,
Bob Buckley
Dear National Disability Insurance Agency,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to extend my request an internal review of National Disability Insurance Agency's handling of my FOI request 'review of AAT Case Management Guide for severely autistic children'.
In addition to my previous review request, I note that Autism Aspergers Advocacy Australia (A4) published a commentary on the Agency's CM guide - see https://a4.org.au/index.php/node/2567 The Agency was made aware of this commentary yet the response does not show any indormation relaing to this aspect of the disposition of the CM guide.
Further, concerns about the document and its underlying policy were raised formally in sessions of the NDIA's DRCO Forum ... and responses were given by both Mr Swainson (the author of the guide) and the CEO. No records or related internal documents were given in the FoI response. Clearly, relevant in formation has been omitted from the FoI 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/r...
Yours faithfully,
Bob Buckley
Dear Bob Buckley
Many thanks for your inquiry.
Due to the volume of your recent requests, can you please give a narrow date range or the exact FOI number to assist me with adding your two related FOI requests together for your Internal Review.
Kindest Regards
Tanya
Freedom of Information (FOI) Team
Complaints Management and FOI Branch
General Counsel Division
National Disability Insurance Agency
E [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.
Dear foi,
FoI requests that I have asked for internal reviews of are:
* FOI 24.25 0080
* FOI 24.25 0103
* request from me dated 21/7/2024 about "NDIS actuary advice to Minister Shorten on cost due to legislation delay" - see https://www.righttoknow.org.au/request/n...
Yours sincerely,
Bob Buckley
Dear Mr Buckley
I refer to your below email requesting an internal review of my decision
regarding the AAT Applied Behaviour Analysis Guide.
Unfortunately, as I provided a decision outside of the legislated
timeframe, your matter became a deemed decision as per 15AC of the FOI
Act. This therefore means you no longer retain right to internal review;
however, you still retain your right to seek a review from the Office of
the Australian Commissioner (OAIC).
The timeframe to submit a request to OAIC is 60 days from when your
decision became deemed which was 22 August 2024, this means you have until
20 October 2024 to submit for a review.
You have the right to submit your request to OAIC at any time during the
above period, however I ask that you give me until 4 October 2024, and I
will consult with the area that provided me with the documents to provide
an answer to your request.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management and FOI Branch
National Disability Insurance Agency
E [1][NDIA request email]
[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
Dear Mr Buckley
As per my below email, I have consulted with the relevant line area who
provided the document to provide more clarity around your request.
I was advised that there was no communication or documents around the
decision not to update the guide, a proposed change was submitted which
was the document I provided as part of my decision, however as it was
decided there were to be no changes to the document, there was nothing to
communicate to staff.
There were no documents located regarding the scheduling of review
specifically for the AAT ABA Guide. The guide is currently under
consideration for review to support the NDIS legislative reform and the
transition from Administrative Appeals Tribunal (AAT) to Administrative
Review Tribunal (ART).
There are no communications or documents specific to the AAT ABA Guide
regarding reassignment of responsibility as this guide as there was no
reassignment of responsibility. The QRST who were responsible for the
guide were renamed the Continuous Improvement Team and absorbed into a new
branch named the Legal Practice and Capability Branch. The team still
retains responsibility for the management of guidance material for AAT
case managers.
There were no communications or documents regarding community concerns
located. The only comments were the ones from the Director of
Communications and Engagement in the document provided to you.
I hope this clarifies the situation further, however you still retain your
right to submit for review with the OAIC should you be dissatisfied with
my decision.
Kind regard
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management and FOI Branch
National Disability Insurance Agency
E [1][NDIA request email]
[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: foi
Sent: Wednesday, September 25, 2024 3:22 PM
To: 'Bob Buckley' <[FOI #11735 email]>
Cc: foi <[NDIA request email]>
Subject: FOI 24/25-0080 Internal review of Freedom of Information request
- review of AAT Case Management Guide Applied Behaviour Analysis (ABA)
[SEC=OFFICIAL]
Dear Mr Buckley
I refer to your below email requesting an internal review of my decision
regarding the AAT Applied Behaviour Analysis Guide.
Unfortunately, as I provided a decision outside of the legislated
timeframe, your matter became a deemed decision as per 15AC of the FOI
Act. This therefore means you no longer retain right to internal review;
however, you still retain your right to seek a review from the Office of
the Australian Commissioner (OAIC).
The timeframe to submit a request to OAIC is 60 days from when your
decision became deemed which was 22 August 2024, this means you have until
20 October 2024 to submit for a review.
You have the right to submit your request to OAIC at any time during the
above period, however I ask that you give me until 4 October 2024, and I
will consult with the area that provided me with the documents to provide
an answer to your request.
Kind regards
Patrick (PHO293)
Senior Freedom of Information Officer
Complaints Management and FOI Branch
National Disability Insurance Agency
E [5][NDIA request email]
[6]NDIA logo
[7]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.
[8]Aboriginal and Torres Strait Islander flags graphic
Dear foi,
I am extremely confused by your response.
You say "it was decided there were to be no changes to the document". Somehow you found this out but there is no record of this decision. How do you know "it was decided"? Of course I agree that such a decision is unlikely to be communicated to staff other than those responsible for such a decision. But surely, in the circumstances such a decision should be recorded ... especially since three reviews should have already been done.
Also, how does the new Continuous Improvement Team and the new Legal Practice and Capability Branch know they are responsible for the review if there is no record or information about this specific responsibility?
I note that you have avoided the need for an internal review ... though the process for that seems to me to be especially dysfunctional law.
Yours sincerely,
Bob Buckley
Dear Mr Buckley,
Please be advised that as the decision on your initial request was provided outside of the statutory time, no internal review rights exist. You do retain your external review rights, however no further action can be taken on this request for internal review.
Kind regards,
Rebecca
She/Her
Team Leader, Information Access - Triage and Early Resolution
Complaints Management and FOI Branch
National Disability Insurance Agency
[email address]
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.