Review of NDIS plans after AAT outcomes
Dear National Disability Insurance Agency,
Please provide:
1) The number of Administrative Appeals Tribunal (AAT) matters to which the NDIA was a Respondent, which were either:
- Settled by consent between the parties, and where a s42C order was issued by the AAT in the 2022-2023 financial year, resulting in a new NDIS plan being issued by the NDIA for the participant; or
- Not settled by consent between the parties, and a decision was instead made in the matter by the AAT in the 2022-2023 financial year, resulting in a new NDIS plan being issued by the NDIA for the participant.
2) Of all these NDIS plans, the number of plans which underwent a plan review by the NDIA:
- two or more months before the plan's expiry date; and
- four or more months before the plan's expiry date.
3) Of these reviewed NDIS plans, the number of plans that were reviewed:
- at the request of the participant; and
- at the instigation of the NDIA.
Yours faithfully,
David Wright
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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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Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
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References
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mailto:[NDIA request email]
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9. mailto:[email address]
mailto:[email address]
10. https://www.ndis.gov.au/
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11. mailto:[NDIA request email]
Dear David Wright
Freedom of Information Request: Acknowledgement
Thank you for your request of 6 November 2024, made under the Freedom of
Information Act 1982 (FOI Act), for information held by the National
Disability Insurance Agency (NDIA).
We have interpreted your correspondence as a request for documents for the
purposes of the FOI Act (s 15(2)(aa)), noting this is a requirement for it
to be considered valid.
Scope of your Request
You have requested access to:
“ … 1) The number of Administrative Appeals Tribunal (AAT) matters to
which the NDIA was a Respondent, which were either:
- Settled by consent between the parties, and where a s42C order was
issued by the AAT in the 2022-2023 financial year, resulting in a new NDIS
plan being issued by the NDIA for the participant; or
- Not settled by consent between the parties, and a decision was instead
made in the matter by the AAT in the 2022-2023 financial year, resulting
in a new NDIS plan being issued by the NDIA for the participant.
2) Of all these NDIS plans, the number of plans which underwent a plan
review by the NDIA:
- two or more months before the plan's expiry date; and
- four or more months before the plan's expiry date.
3) Of these reviewed NDIS plans, the number of plans that were reviewed:
- at the request of the participant; and
- at the instigation of the NDIA..."
Irrelevant Information
Section 22 of the FOI Act allows an Agency to redact information from
documents if that information would reasonably be regarded as irrelevant
to a request for access.
Given the nature of your request, it does not seem that NDIA staff
members’ surnames and contact details would be relevant to you. Can you
please send me a reply email confirming that such details are irrelevant
to your request for access?
Processing Timeframes
In accordance with section 15(5)(b) of the FOI Act, a 30-day statutory
period for processing your request commenced from 7 November 2024. This
30-day period expires on 6 December 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 6
January 2025.
If you do not agree and we are unable to process your request within the
30-day period expiring on 6 December 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 18 November 2024
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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,
including refining the scope of your request.
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
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
Dear Mykal
I confirm that NDIA staff members’ surnames and contact details are not relevant to my request, and I agree to a 30 day extension, making the new due date for you to decide on my request 6 January 2025.
Yours sincerely,
David Wright