TAB Research documents on “Temperature regulation dysfunction” and “Air Conditioning”
Dear National Disability Insurance Agency,
I am requesting access under the Freedom of Information Act 1982 (FOI Act), to the following information:
[ START SCOPE OF REQUEST ]
A list of Technical Advisory Branch "Research Request" document titles was released under FOI 23/24-1189. I am requesting a copy of the following documents from that list:
1. Air Conditioning
2. Thermoregulation dysfunction and Seizures
3. Air Conditioning Maintenance Costs
4. Air conditioning and thermoregulation
[ END SCOPE OF REQUEST ]
I look forward to your response.
Kind regards,
Emily Lacey
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
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11. mailto:[NDIA request email]
Dear National Disability Insurance Agency,
Just conscious that the 30 day decision period will be up very shortly for this request (1/8) and I haven't heard anything from you. I made another request on the same date as this one and you have asked for an extension of time on that. Please do the same for this request if further time is required, so that my internal review rights are preserved.
Many thanks,
Emily Lacey
Dear Emily
Thank you for your Freedom of Information request. Your request has been
registered under FOI 23/24-0008
We apologise in advance if it takes us longer than expected to provide you
with information. We appreciate your patience and understanding.
Once your matter is allocated to a staff member a decision maker or admin
officer will contact you to advise the matter has progressed and next
steps if appropriate.
If you would like to discuss your request, please contact us at
[1][NDIA request email].
Kind regards
Rachael
Freedom of Information Team
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
Dear National Disability Insurance Agency,
Your decision is due back in only 5 days, on August 1st. If it hasn't been assigned to an FOI officer yet, I'm not feeling particularly confident in your ability to meet that deadline successfully. I just ask that you please be sure to officially request an extension of time before that deadline passes to preserve my internal review rights for this request.
Many thanks,
Emily Lacey
Dear Emily,
Thank you for your request for information.
We’re sorry it is taking us longer than expected to process your request.
We are therefore writing to seek 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 make a decision on your request will be 02
September 2024.
Please let us know whether you agree by 31 July 2024.
If you don’t agree, we may need to seek an extension of time from the
Office of the Australian Information Commissioner.
We sincerely apologise that it is taking us longer than we expected to
process your request and we appreciate your patience.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Jessie
Freedom of Information Officer
Complaints Management and FOI Branch
General Counsel 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
Dear Jessie,
I give my consent for a 30 day extension on this request.
I would however like to state for the record that I am displeased that an extension is needed and that it has been requested so last minute.
This request is straight forward; the location of the requested documents is known and there is no extensive search or third party consultation required to identify them. I know that FOI officers have previously requested further time due to a lack of staff available to process documents, and they were denied those extensions by the OAIC as it is insufficient reasoning under the FOI Act to justify an extension.
I understand you likely have no power to change this personally, but I sincerely hope that your supervisors are advocating for a solution to resolve this, because I imagine this is a frustrating working environment for you, as well as a dissatisfying experience for me.
I don’t require a reply regarding it, but please pass this feedback onto them.
Kind regards,
Emily Lacey
Dear Jessie,
I hope you are well. I'm wondering if any progress has been made on this request?
I can see that a TAB research document titled "Thermoregulation and air conditioning" has been released under FOI 24/25-0013 (a request that was also made a day later than mine and requesting considerably more documents).
The decision notice for FOI 24/25-0013 notes that "Air conditioning maintenance costs" and "Air conditioning" aren't seperate documents to "Thermoregulation and air conditioning" – so that already covers 3 out of 4 documents I have requested here.
All that is left for you to find and release is item 2 of my request, "Thermoregulation dysfunction and Seizures" – if that is even a seperate document to "Thermoregulation and air conditioning".
I feel as though you have had more than adequate time to achieve that, and I would appreciate if you could provide me with a decision promptly.
Kind regards,
Emily Lacey
Hi Emily
I hope this email finds you well.
Thank you for your email and I firstly want to sincerely apologise for the
delay in responding to your request. The TABIB Team are experiencing an
unusually high volume of requests due to the release of FOI 23/24 - 1189.
As a result, there has been an unavoidable delay in response times. TABIB
Team have informed us that they are unable to provide us with documents
until after 2 September 2024.
I want to advise you that we are working on your request and will
endeavour to process your request as a priority once we have received a
copy of the documents.
As we have been advised that the documents won’t be available until after
the 2 September, your request would unfortunately become deemed therefore,
you would no longer have internal review rights. We write to seek your
agreement for a further 10-day extension of time under section 15AA of the
FOI Act. If you agree to this extension, this will ensure that your
internal review rights will be upheld and the new due date for us to make
a decision on your request will be 12 September 2024.
We understand that this is not the ideal circumstance and again apologise
for this delay.
If you agree to the extension of time, we kindly ask that you let us know
by 30 August 2024.
Kindest regards,
Billie (BLN494)
Freedom of Information Officer
Government, Risk & Legal – Complaints Management and FOI
General Counsel Division
National Disability Insurance Agency
T: (07) 1800 800 110
E: [1][NDIA request email]
Dear Billie,
I give my consent for a 10 day extension on this request.
Kind regards,
Emily Lacey
Dear Emily,
Your response is most appreciated, and I sincerely thank you for your
cooperation during this time.
I want to re-iterate that a search consultation process has been conducted
with the Technical Advisory Branch however as referenced in my previous
email, due to an unusually high volume of requests and staffing
limitations the FOI Team are experiencing larger than normal internal
delays in requesting this type of information. As the information
contained in the documents are related to complex subject matters, this
requires additional consultation with subject matter experts who can
appropriately access the material prior to our release.
We are therefore writing to you seek your agreement for an additional
15-day extension of time under section 15AA of the FOI Act. This will make
the new date for us to make a decision on your request 27 September 2024.
As part of this agreement, I will provide an update to you occurring
Friday week from now until making our decision with a progress update of
your request. We kindly ask that you respond to us by 12PM 9 September
2024 with your decision.
Once again, I sincerely apologise for the delays and any inconvenience
this may be having an impact on.
Further help
Please contact us at [1][NDIA request email] if you have any questions or need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Kind regards
Billie (BLN494)
Senior Freedom Of Information Officer (FOI) Team
Complaints Management & FOI Branch
National Disability Insurance Agency
E [2][email address]
[3][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.
Dear Billie,
I apologise, but cannot provide you any further extension of time. You have already exceeded the total of 30 days you are able to request under 15AA of the FOI Act. See "Extension with your agreement" here: https://www.oaic.gov.au/freedom-of-infor...
A lack of staff resourcing is not an acceptable reason for such a significant delay in providing a (now single) document that you already know the name and location of.
I have read the contents of all TAB research documents released to date. They are basic literature reviews. There is nothing so significant contained in any of them that they would require extensive consultation with subject matter experts in order to be released, and the only redactions required so far have been the names of NDIA staff. And regardless, you have already had 66 days to do so.
Please provide the document without any further delay.
Kind regards,
Emily Lacey
Dear Jessie,
You have just sent me someones personal details by accident. Check the request regarding Jenny H that you have just attempted to send to triage for PIA.
I have reported the email to the righttoknow website administration and as such it is hidden from public view on their website, which you can check here. https://www.righttoknow.org.au/request/t...
Emily Lacey
Dear Billie,
Today is the last day for you to provide the document on time with the extensions permitted. Please do so.
Can you also confirm that the breach of privacy that occurred on the 6th of September when your college Jessie mistakenly emailed me Jenny H's FOI/PIA request (containing their full name, home address, date of birth, and NDIS participant number) has been dealt with appropriately?
Fortunately I noticed it within 8 minutes of receiving the email, and I was able to report it to the righttoknow website admin which hid it from public view. But if my personal details had been posted online like that, I would expect the agency would notify me of the situation so I could act accordingly (along with receiving an apology). Let me know – because if you don't contact Jenny to explain how they were doxxed, I will.
You can view the email chain online here: https://www.righttoknow.org.au/request/t...
Kind regards,
Emily Lacey
Dear Emily,
Thank you for following up in relation to this incident. We have the matter registered as privacy incident LEG-32185.
We appreciate your quick action and steps to hide the email on the Right to Know website.
The NDIA are taking appropriate actions internally and will notify you if/when any further assistance is required.
In relation to the incorrectly sent email, I apologise for this incident occurring. Could I ask you to please confirm by reply email that you have:
a) deleted the email sent by [email address] on Friday 6 September 2024 at 5.31pm from your Inbox and 'Deleted' folder;
b) destroyed any printed copies (if any), and
c) not shown or discussed the personal information with anyone else - or if you have to please provide details of who you showed it to / discussed it with.
The NDIA's Privacy Policy and Information Handling Guidelines are available on our website.
The NDIA treats privacy seriously and would like to again apologise for this error.
We look forward to your response.
If you have any questions, please do not hesitate to contact me at [NDIA request email]
Kind regards,
Janice
Freedom of Information
National Disability Insurance Agency
E [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.
Good afternoon Emily
I hope this email finds you well.
Can I confirm if you received our email below?
I would like to advise that as much as we would like to get a decision to
you today 12 September 2024, we are still waiting for documents from the
Technical Advisory Branch and are unable to confirm a timeframe for a
decision.
As per my below email, we would appreciate your consideration to the below
further 15-day extension of time under section 15AA of the FOI Act. This
will make the new date for us to make a decision on your request 27
September 2024. As part of this agreement, I will provide an update to you
occurring Friday week from now until making our decision with a progress
update of your request.
We kindly ask that you respond to us by close of business today 12
September 2024 with your decision.
Once again, I sincerely apologise for the delays and any inconvenience
this may be having an impact on.
Further help
Please contact us at [1][NDIA request email] if you have any questions or need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Kind regards
Billie (BLN494)
Senior Freedom Of Information Officer (FOI) Team
Complaints Management & FOI Branch
National Disability Insurance Agency
E [2][email address]
[3][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.
_____________________________________________
From: foi <[NDIA request email]>
Sent: Friday, September 6, 2024 4:15 PM
To: '[FOI #11608 email]'
<[FOI #11608 email]>
Cc: foi <[NDIA request email]>
Subject: RE: FOI 24/25-0008 Your request for information - Communication /
Extension of Time [SEC=OFFICIAL]
Dear Emily,
Your response is most appreciated, and I sincerely thank you for your
cooperation during this time.
I want to re-iterate that a search consultation process has been conducted
with the Technical Advisory Branch however as referenced in my previous
email, due to an unusually high volume of requests and staffing
limitations the FOI Team are experiencing larger than normal internal
delays in requesting this type of information. As the information
contained in the documents are related to complex subject matters, this
requires additional consultation with subject matter experts who can
appropriately access the material prior to our release.
We are therefore writing to you seek your agreement for an additional
15-day extension of time under section 15AA of the FOI Act. This will make
the new date for us to make a decision on your request 27 September 2024.
As part of this agreement, I will provide an update to you occurring
Friday week from now until making our decision with a progress update of
your request. We kindly ask that you respond to us by 12PM 9 September
2024 with your decision.
Once again, I sincerely apologise for the delays and any inconvenience
this may be having an impact on.
Further help
Please contact us at [4][NDIA request email] if you have any questions or need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Kind regards
Billie (BLN494)
Senior Freedom Of Information Officer (FOI) Team
Complaints Management & FOI Branch
National Disability Insurance Agency
E [5][email address]
[6][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.
Dear Billie,
Yes I received your email requesting another extension on the 6th. I replied the same day and said I could not agree to any further extension (see here: https://www.oaic.gov.au/freedom-of-infor...).
15AA of the FOI Act allows you to request an extension of up to 30 days total from an applicant (https://www.oaic.gov.au/freedom-of-infor...). I had actually already agreed to an extension of 30 days (on July 29th), AND another extension of 10 days on top of that (on August 28th) because I lost track.
As I stated in my original email, I do not agree to an additional 15 days – you've well and truly used up all your days. Please contact the TAB department and have them provide the document without further delay, as required by the FOI Act.
Could you please also pass the following email on to your colleague Janice? The righttoknow website only allows me to reply to the most recent email in the chain, so I am unsure how respond to her email directly (see her email here for reference: https://www.righttoknow.org.au/request/t...)
----
Dear Janice,
Thank you for updating me. I was concerned it was being ignored because I hadn't heard anything in response to my reporting the issue a week ago.
The email has been deleted and I no longer have access to the information (I was bluffing when I said I would contact the person, but it looks like it finally got your attention so that's good).
The only other person I know who was notified/aware was the righttoknow website admin team, specifically Ben Fairless. He responded to my report that evening to tell me it had been removed from the site and that he had also contacted the NDIA directly to inform them of the breach. You can contact them at [email address] if you would like anything further.
Kind regards,
Emily Lacey
Dear Emily,
Thank you for responding to my email promptly.
I apologise that you were not kept in the loop on the agency's actions relating to this incident. I can confirm we have been in communication with Ben since Monday.
The NDIA treats privacy seriously and would like to again apologise for this error.
I appreciate your follow up in relation to this incident and assure you that appropriate and timely actions are being taken.
Kind regards
Janice Gladman
Freedom of Information
National Disability Insurance Agency
E [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.
Dear Emily Lacey
Thank you for your request for information.
Please find attached correspondence and documents in relation to your
request.
I note that parts of your request have previously been released via a
Freedom of Information request under FOI 24/25-0013 and can be referenced
via the NDIA Disclosure Log. I have included a copy of this document in
this decision notice. 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.
Kind regards
Kylie (KJB737)
Senior Freedom of Information Officer
Freedom Of Information Officer (FOI) Team
Complaints Management & FOI Branch
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
Dear Kylie,
Thank you for sending those today.
I hope you have an easy Friday and a good weekend :)
Kind regards,
Emily Lacey