Thank you for emailing the NDIS Quality and Safeguards Commission. 

This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.

Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.

This is an automated email. Please do not respond.

References

Visible links
1. http://www.ndiscommission.gov.au/

Dear Ace Chapman,

Your Freedom of Information Request – No (3) 22/23-1

I refer to your email of 14 July 2022, requesting access to documents
under the Freedom of Information Act 1982 (FOI Act).

I confirm your request is for:

Documentation pertaining to the engagement of Weir consulting for
strategic advice and review services listed on the Austender website under
CN ID: CN3781259 (agency reference: 91000640).

Specifically, documents including emails relating to the scope of work
provided by Weird Consulting, the outcome of this work such as advice
received, any reports produced including recommendations made and relevant
correspondence

between NDIS Commission SES Management and Weir Consulting employees
regarding the work.

I confirm your request is a valid request under the FOI Act. The NDIS
Commission will proceed to process your request in accordance with the
requirements under the FOI Act.

Identity

I note that your request does not appear to include a request for your
personal information. As such, I do not require proof of identity
information.

Timing

The NDIS Commission is required to make a decision on access in relation
to your FOI request by Monday 15 August 2022, this being 30 days after
receiving your valid FOI request and as required under section 15(5) of
the FOI Act.

Please note that under section 15(6) of the FOI Act, the initial 30 day
period will be extended by a further 30 days if the NDIS Commission is
required to undertake consultations with a state, or a person or business
concerning personal or business information contained in any documents
identified that fall within the scope of your FOI request. Third party
consultations are set out in sections 27 and 27A of the FOI Act.

In addition, section 15AA of the FOI Act permits the NDIS Commission to
seek an extension (or series of short extension) for a period up to 30
days with your consent.

We will advise you as soon as possible if we are required to extend the
initial period for making a decision on access (being Monday 15 August
2022).

Charging

You will be notified as soon as possible if a charge is associated with
processing your request.

Disclosure Log

Please note that information released by the NDIS Commission under the FOI
Act is required to be published on the FOI disclosure log on our website,
and made publicly available, unless certain exceptions apply. For example,
personal or business information will not be published where this would be
unreasonable.

Contact Details

I confirm that you have requested that the NDIS Commission correspond with
you by email.

Should you have any questions you may send queries via email to
[1][email address].

Yours Sincerely,

Linda Blue

--------------------------------------------------------------------------

Linda Blue

FOI Officer

[2]cid:image001.jpg@01D41218.BD3EEDC0

E:  [3][NDIS Quality and Safeguards Commission request email]

--------------------------------------------------------------------------

Note: This email (including any attachments) is a confidential
communication containing legal advice relating to a specific matter. It is
subject to legal professional privilege that, if this email was sent to
you by mistake, is not waived. If you are not the intended recipient of
the email, please let me know by reply email and then delete this email
from your system and do not retain any copy. Recipients within the NDIS
Commission should seek assistance from a lawyer in the General Counsel and
Investigations Branch before disseminating this email or disclosing its
contents to third parties or using this advice for a different matter.

--------------------------------------------------------------------------

-----Original Message-----
From: Ace Chapman <[FOI #9128 email]>
Sent: Thursday, 14 July 2022 4:58 PM
To: FOI (NDIS Commission) <[NDIS Quality and Safeguards Commission request email]>
Subject: Freedom of Information request - Weir Consulting Contract
CN3781259

Dear NDIS Quality and Safeguards Commission,

Under the FOI Act i wish to request documentation pertaining to the
engagement of Weir Consulting for Strategic advice and review services
listed on the Austender website under CN ID: CN3781259 (agency reference:
91000640)

Specifically, i am seeking documents including emails relating to the
scope of work provided by Weir Consulting, the outcome of this work such
as advice received, any reports produced including recommendations made
and relevant correspondence between NDIS Commission SES Management and
Weir Consulting Employees regarding the work.

Yours faithfully,

Ace Chapman

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[4][FOI #9128 email]

Is [5][NDIS Quality and Safeguards Commission request email] the wrong address for Freedom of
Information requests to NDIS Quality and Safeguards Commission? If so,
please contact us using this form:

[6]https://www.righttoknow.org.au/change_re...

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:

[7]https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
3. mailto:[NDIS Quality and Safeguards Commission request email]
4. mailto:[FOI #9128 email]
5. mailto:[NDIS Quality and Safeguards Commission request email]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Ace Chapman,

I refer to our email to you on 20 July 2022, acknowledging receipt of your
Freedom of Information (FOI) request (our reference: FOI Request No (3)
22/23-1).

You have requested access to:

Documentation pertaining to the engagement of Weir consulting for
strategic advice and review services listed on the Austender website under
CN ID: CN3781259 (agency reference: 91000640).

Specifically, documents including emails relating to the scope of work
provided by Weir Consulting, the outcome of this work such as advice
received, any reports produced including recommendations made and relevant
correspondence

between NDIS Commission SES Management and Weir Consulting employees
regarding the work.

We are in the process of conducting a search for documents that fall
within the scope of your request. At this stage, a large volume of
potentially relevant documents has been identified. Accordingly, I am
reaching out to seek further clarification from you on your intended scope
and discuss the timeframes for processing your FOI request.

I believe the best way to discuss your request would be via a telephone
call, because it may enable you to provide more information about the
purpose of your request, which will assist the FOI team in identifying the
documents you need or want.

We are wanting to better understand the information you are seeking.
Please note, that telling us more about the purpose of your request is not
a relevant consideration under the FOI Act, and it will not be taken into
account by the decision-maker in determining your access to any documents.

I understand, however, that you may prefer to continue to communicate
about the scope of your FOI request via your Right to Know email.

Could you please let me know how you would like to proceed by COB 8 August
2022.

Kind Regards,

Lauren Stinson
FOI Officer & Lawyer
Legal Services Branch

P: (02) 4722 7239
E: [1][email address]

W: [2]www.ndiscommission.gov.au

[3]cid:image001.jpg@01D41218.BD3EEDC0

The NDIS Quality and Safeguards Commission acknowledges the traditional
owners 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 both past and present.

Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake).  If you are not the intended recipient, you
must not use, disclose, copy or retain it.  If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy. Recipients within the NDIS
Commission should seek assistance from Legal Services Branch before
disseminating this email to third parties or using this advice for a
different matter.

References

Visible links
1. mailto:[email address]
2. about:blank

Thank you for emailing the NDIS Quality and Safeguards Commission. 

This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.

Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.

This is an automated email. Please do not respond.

References

Visible links
1. http://www.ndiscommission.gov.au/

Dear Ace Chapman,

Thank you for your response. We will continue correspondence via email, as
you have requested.

As previously referred to, we seek:

 1. Clarification on the intended scope of your FOI request, and
 2. Your consent to an extension of time for the processing of your FOI
request

1.       Clarification on the intended scope of your FOI request

The FOI Guidelines, published by the Office of the Australian Information
Commissioner, require us to interpret requests to ‘[extend] to any
document that might reasonably be taken to be included within the
description the applicant has used’.

Without further context or clarification, we are currently taking a broad
approach to the following element of your FOI request: “any.. relevant
correspondence between NDIS Commission SES Management and Weir Consulting
employees regarding the work”.

As part of our search so far, our IT team have located approximately
18,000 search results that may fall within the scope of your FOI request.
This number is not an indication of the final number of documents that
would be subject to a decision on access, but the number of results that
would require review to determine whether they are within scope of your
FOI request. As you may appreciate, reviewing 18,000 results will require
significant resources.

We note that under section 24 of the FOI Act, agencies may refuse access
on the basis that the agency is satisfied that a ‘practical refusal reason
exists’, and continues to exist after the request consultation process has
been undertaken. A ‘practical refusal reason’ includes where the work
involved in processing a request would substantially and unreasonably
divert the resources of the agency from its other operations.

In the interests of facilitating your FOI request, we are engaging with
you to assist with clarification to the scope of your FOI request, to
locate relevant documents with greater specificity and accuracy. At this
stage, this is not a formal request consultation process under section
24AB of the FOI Act, nor has a ‘practical refusal reason’ been determined.

From your request, we understand you are seeking documentation relating to
three processes: the engagement of Weir Consulting, the scope of work
(including any variations) for which Weir Consulting were engaged, and the
outcomes of Weir Consulting’s work.

Based on our review of a portion of the search result documents, we think
that reframing the scope of your FOI request as follows may assist in
identifying relevant documents more accurately:

‘In relation to AusTender ID CN3781259 (agency reference: 91000640), final
documentation relating to:

i)                     the engagement of Weir Consulting,

ii)                   the scope of work for which Weir Consulting were
engaged, and

iii)                 the deliverables of Weir Consulting’s work’.

We appreciate that you may consider this reframing unsatisfactory and you
are by no means required to agree to it.

If you don’t agree, we are open to you providing further clarification on
the intended scope of your FOI request yourself, particularly around the
phrasing “any.. relevant correspondence between NDIS Commission SES
Management and Weir Consulting employees regarding the work”. We need a
better understanding of what you consider ‘relevant correspondence’, or
what you are hoping to receive based on this phrase, to continue
processing your FOI request. For example, you might consider
correspondence to be ‘relevant’ based on the time period during which it
was sent.

2.       Your consent to an extension of time for the processing of your
FOI request of 21 days

As described above, the scope of your FOI request is quite broad and has
returned a significant number of search results. This has increased the
complexity of processing your FOI request. Accordingly, we seek your
consent to an extension of 21 days under section 15AA of the FOI Act. If
you agree, the new date by which we need to notify you of a decision on
access (or further extensions, such as for third party consultations) will
be 5 September 2022.

Next steps

Could you please let us know by 4PM on 15 August 2022 whether you agree to
the requested extension?

Could you please also let us know as soon as possible and by 4PM on 15
August 2022 whether you agree to our proposed reframing, or provide
further information to us to assist in clarification of the scope of your
request.

If you have any questions, please do not hesitate to contact me.

Kind Regards,

Lauren Stinson
FOI Officer & Lawyer
Legal Services Branch

P: (02) 4722 7239
E: [1][email address]

W: [2]www.ndiscommission.gov.au

[3]cid:image001.jpg@01D41218.BD3EEDC0

The NDIS Quality and Safeguards Commission acknowledges the traditional
owners 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 both past and present.

Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake).  If you are not the intended recipient, you
must not use, disclose, copy or retain it.  If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy. Recipients within the NDIS
Commission should seek assistance from Legal Services Branch before
disseminating this email to third parties or using this advice for a
different matter.

-----Original Message-----
From: Ace Chapman <[FOI #9128 email]>
Sent: Friday, 5 August 2022 1:04 PM
To: FOI (NDIS Commission) <[NDIS Quality and Safeguards Commission request email]>
Subject: Re: Seeking clarification on your FOI request - FOI Request No
(3) 22/23-1 [SEC=OFFICIAL]

Dear FOI (NDIS Commission),

I am happy to clarify the scope of my request and help the team better
understand the information I am seeking however would prefer to continue
to do this in writing.

Could you please list in dot point format the questions you have about the
scope/what you wish to understand about the request and I will respond
ASAP.

Thank you

Yours sincerely,

Ace Chapman

-----Original Message-----

Dear Ace Chapman,

I refer to our email to you on 20 July 2022, acknowledging receipt of your

Freedom of Information (FOI) request (our reference: FOI Request No (3)

22/23-1).

You have requested access to:

Documentation pertaining to the engagement of Weir consulting for

strategic advice and review services listed on the Austender website under

CN ID: CN3781259 (agency reference: 91000640).

Specifically, documents including emails relating to the scope of work

provided by Weir Consulting, the outcome of this work such as advice

received, any reports produced including recommendations made and relevant

correspondence

between NDIS Commission SES Management and Weir Consulting employees

regarding the work.

We are in the process of conducting a search for documents that fall

within the scope of your request. At this stage, a large volume of

potentially relevant documents has been identified. Accordingly, I am

reaching out to seek further clarification from you on your intended scope

and discuss the timeframes for processing your FOI request.

I believe the best way to discuss your request would be via a telephone

call, because it may enable you to provide more information about the

purpose of your request, which will assist the FOI team in identifying the

documents you need or want.

We are wanting to better understand the information you are seeking.

Please note, that telling us more about the purpose of your request is not

a relevant consideration under the FOI Act, and it will not be taken into

account by the decision-maker in determining your access to any documents.

I understand, however, that you may prefer to continue to communicate

about the scope of your FOI request via your Right to Know email.

Could you please let me know how you would like to proceed by COB 8 August

2022.

Kind Regards,

Lauren Stinson

FOI Officer & Lawyer

Legal Services Branch

P: (02) 4722 7239

E: [1][email address]

W: [2]www.ndiscommission.gov.au

[3]cid:image001.jpg@01D41218.BD3EEDC0

The NDIS Quality and Safeguards Commission acknowledges the traditional

owners 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 both past and present.

Note: This email and any attachments may contain confidential or legally

privileged information (and neither are waived or lost if this email has

been sent to you by mistake).  If you are not the intended recipient, you

must not use, disclose, copy or retain it.  If you have received it in

error, please let me know by reply email and then delete this email from

your system and do not retain any copy. Recipients within the NDIS

Commission should seek assistance from Legal Services Branch before

disseminating this email to third parties or using this advice for a

different matter.

References

Visible links

1. [4]mailto:[email address]

2. about:blank

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #9128 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:

https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. about:blank
4. mailto:[email

hide quoted sections

Thank you for emailing the NDIS Quality and Safeguards Commission. 

This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.

Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.

This is an automated email. Please do not respond.

References

Visible links
1. http://www.ndiscommission.gov.au/

Dear Ace Chapman,

Thank you for your response. I will notify OAIC accordingly of the agreed
extension and refine our search in line with the reframed scope of your
request (including your amendments as indicated below).

Kind Regards,

Lauren Stinson
FOI Officer & Lawyer
Legal Services Branch

P: (02) 4722 7239
E: [1][email address]

W: [2]www.ndiscommission.gov.au

[3]cid:image001.jpg@01D41218.BD3EEDC0

The NDIS Quality and Safeguards Commission acknowledges the traditional
owners 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 both past and present.

Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake).  If you are not the intended recipient, you
must not use, disclose, copy or retain it.  If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy. Recipients within the NDIS
Commission should seek assistance from Legal Services Branch before
disseminating this email to third parties or using this advice for a
different matter.

-----Original Message-----
From: Ace Chapman <[FOI #9128 email]>
Sent: Friday, 12 August 2022 2:36 PM
To: FOI (NDIS Commission) <[NDIS Quality and Safeguards Commission request email]>
Subject: RE: Seeking clarification on your FOI request - FOI Request No
(3) 22/23-1 [SEC=OFFICIAL]

Dear FOI (NDIS Commission),

I am happy for an extension of time to take place. I’m relation to the
reframed scope I am also happy with this to change however with one change
as below;

In relation to AusTender ID CN3781259 (agency reference: 91000640), final

documentation relating to:

i)                     the engagement of Weir Consulting,

ii)                   the scope of work for which Weir Consulting were

engaged, and

iii)                 the deliverables of Weir Consulting’s work including
the final report and recommendations made as a result of the work

Yours sincerely,

Ace Chapman

-----Original Message-----

Dear Ace Chapman,

Thank you for your response. We will continue correspondence via email, as

you have requested.

As previously referred to, we seek:

 1. Clarification on the intended scope of your FOI request, and

 2. Your consent to an extension of time for the processing of your FOI

request

1.       Clarification on the intended scope of your FOI request

The FOI Guidelines, published by the Office of the Australian Information

Commissioner, require us to interpret requests to ‘[extend] to any

document that might reasonably be taken to be included within the

description the applicant has used’.

Without further context or clarification, we are currently taking a broad

approach to the following element of your FOI request: “any.. relevant

correspondence between NDIS Commission SES Management and Weir Consulting

employees regarding the work”.

As part of our search so far, our IT team have located approximately

18,000 search results that may fall within the scope of your FOI request.

This number is not an indication of the final number of documents that

would be subject to a decision on access, but the number of results that

would require review to determine whether they are within scope of your

FOI request. As you may appreciate, reviewing 18,000 results will require

significant resources.

We note that under section 24 of the FOI Act, agencies may refuse access

on the basis that the agency is satisfied that a ‘practical refusal reason

exists’, and continues to exist after the request consultation process has

been undertaken. A ‘practical refusal reason’ includes where the work

involved in processing a request would substantially and unreasonably

divert the resources of the agency from its other operations.

In the interests of facilitating your FOI request, we are engaging with

you to assist with clarification to the scope of your FOI request, to

locate relevant documents with greater specificity and accuracy. At this

stage, this is not a formal request consultation process under section

24AB of the FOI Act, nor has a ‘practical refusal reason’ been determined.

From your request, we understand you are seeking documentation relating to

three processes: the engagement of Weir Consulting, the scope of work

(including any variations) for which Weir Consulting were engaged, and the

outcomes of Weir Consulting’s work.

Based on our review of a portion of the search result documents, we think

that reframing the scope of your FOI request as follows may assist in

identifying relevant documents more accurately:

‘In relation to AusTender ID CN3781259 (agency reference: 91000640), final

documentation relating to:

i)                     the engagement of Weir Consulting,

ii)                   the scope of work for which Weir Consulting were

engaged, and

iii)                 the deliverables of Weir Consulting’s work’.

We appreciate that you may consider this reframing unsatisfactory and you

are by no means required to agree to it.

If you don’t agree, we are open to you providing further clarification on

the intended scope of your FOI request yourself, particularly around the

phrasing “any.. relevant correspondence between NDIS Commission SES

Management and Weir Consulting employees regarding the work”. We need a

better understanding of what you consider ‘relevant correspondence’, or

what you are hoping to receive based on this phrase, to continue

processing your FOI request. For example, you might consider

correspondence to be ‘relevant’ based on the time period during which it

was sent.

2.       Your consent to an extension of time for the processing of your

FOI request of 21 days

As described above, the scope of your FOI request is quite broad and has

returned a significant number of search results. This has increased the

complexity of processing your FOI request. Accordingly, we seek your

consent to an extension of 21 days under section 15AA of the FOI Act. If

you agree, the new date by which we need to notify you of a decision on

access (or further extensions, such as for third party consultations) will

be 5 September 2022.

Next steps

Could you please let us know by 4PM on 15 August 2022 whether you agree to

the requested extension?

Could you please also let us know as soon as possible and by 4PM on 15

August 2022 whether you agree to our proposed reframing, or provide

further information to us to assist in clarification of the scope of your

request.

If you have any questions, please do not hesitate to contact me.

Kind Regards,

Lauren Stinson

FOI Officer & Lawyer

Legal Services Branch

P: (02) 4722 7239

E: [1][email address]

W: [2]www.ndiscommission.gov.au

[3]cid:image001.jpg@01D41218.BD3EEDC0

The NDIS Quality and Safeguards Commission acknowledges the traditional

owners 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 both past and present.

Note: This email and any attachments may contain confidential or legally

privileged information (and neither are waived or lost if this email has

been sent to you by mistake).  If you are not the intended recipient, you

must not use, disclose, copy or retain it.  If you have received it in

error, please let me know by reply email and then delete this email from

your system and do not retain any copy. Recipients within the NDIS

Commission should seek assistance from Legal Services Branch before

disseminating this email to third parties or using this advice for a

different matter.

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #9128 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:

https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. about:blank

hide quoted sections

Thank you for emailing the NDIS Quality and Safeguards Commission. 

This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.

Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.

This is an automated email. Please do not respond.

References

Visible links
1. http://www.ndiscommission.gov.au/

Dear Ace Chapman

I refer to your emails received by the NDIS Quality and Safeguards
Commission (the NDIS Commission) on 14 July 2022 and 12 August 2022, and
the NDIS Commission emails to you on 20 July 2022 and 10 August 2022.

You have sought access under the Freedom of Information Act 1982 (FOI Act)
to:

In relation to AusTender ID CN3781259 (agency reference: 91000640), final 

documentation relating to:

i) the engagement of Weir Consulting,

ii) the scope of work for which Weir Consulting were engaged, and

iii) the deliverables of Weir Consulting’s work including the final report
and recommendations made as a result of the work

I note that on 12 August 2022, you agreed to an extension under section
15AA of the FOI Act until 5 September 2022.

In our emails of 20 July and 10 August 2022, we advised that the
statutory deadline for a making a decision on your FOI request may be
extended if we are required to consult third parties.

Third party consultation

The purpose of this email is to inform you that the NDIS Commission has
conducted a search for all documents that fall within the scope of your
FOI request and that search has located documents that contain information
of a business and/or personal nature of a number of third parties. A third
party is a person or business that is not yourself as the applicant of the
FOI request to the NDIS Commission, or the NDIS Commission itself.

Sections 27 and 27A of the FOI Act require the NDIS Commission to consider
whether third parties identified in documents might reasonably wish to
make a submission on whether their information in the documents covered by
your FOI request is exempt from disclosure under the FOI Act.

The NDIS Commission has reviewed the documents that fall within the scope
of your FOI request and has formed the view that certain third parties
identified in the documents might reasonably wish to make a submission on
the release of their business and/or personal information.

As such, there is a requirement to consult the third parties before a
decision can be made on the release of the documents covered by your FOI
request.

Section 15(6) of the FOI Act provides for an extension of 30 days to the
statutory time limit for processing FOI requests where a consultation
process is required to be undertaken. Therefore, the deadline for
providing you with a decision on your request is now 5 October 2022.

Effect of consultation on your FOI request

Under the FOI Act, submissions made by a third party are one of a number
of factors that will be considered when the NDIS Commission makes a
decision on granting access to the documents. Such submissions are not,
however, determinative of the NDIS Commission’s decision to grant or
refuse access to a document.

If the NDIS Commission makes a decision that is contrary to a third party
submission, the decision will be subject to third party review rights. We
will provide more information on third party review rights, if relevant,
when we notify you of the decision on your FOI request.

Next steps

The NDIS Commission cannot disclose your identity as the FOI applicant to
third parties during consultation without your consent. Knowing the
identity of the FOI applicant can help some third parties decide whether
to consent or object to disclosure of their information.

Could you please confirm by 5:30PM on 7 September 2022 whether you consent
to the disclosure of your identity as the FOI applicant? If we do not hear
from you by this date, we will proceed on the basis that you do not
consent to disclosure. 

If you have any questions about the consultation process or your FOI
request generally, please do not hesitate to contact me, via email
([1][email address]) or telephone (02 4722 7239).

Yours sincerely

Lauren Stinson
FOI Officer & Lawyer
Legal Services Branch

P: (02) 4722 7239
E: [2][email address]

W: [3]www.ndiscommission.gov.au

[4]cid:image001.jpg@01D41218.BD3EEDC0

The NDIS Quality and Safeguards Commission acknowledges the traditional
owners 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 both past and present.

Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake).  If you are not the intended recipient, you
must not use, disclose, copy or retain it.  If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy. Recipients within the NDIS
Commission should seek assistance from Legal Services Branch before
disseminating this email to third parties or using this advice for a
different matter.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. about:blank

Dear Ace Chapman,

Thank you for your email. I have included a response to your below query
as part of my recent notice to you of third party consultations.

Kind Regards,

Lauren Stinson
FOI Officer & Lawyer
Legal Services Branch

P: (02) 4722 7239
E: [1][email address]

W: [2]www.ndiscommission.gov.au

[3]cid:image001.jpg@01D41218.BD3EEDC0

The NDIS Quality and Safeguards Commission acknowledges the traditional
owners 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 both past and present.

Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake).  If you are not the intended recipient, you
must not use, disclose, copy or retain it.  If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy. Recipients within the NDIS
Commission should seek assistance from Legal Services Branch before
disseminating this email to third parties or using this advice for a
different matter.

-----Original Message-----
From: Ace Chapman <[FOI #9128 email]>
Sent: Friday, 2 September 2022 1:11 PM
To: FOI (NDIS Commission) <[NDIS Quality and Safeguards Commission request email]>
Subject: RE: Seeking clarification on your FOI request - FOI Request No
(3) 22/23-1 [SEC=OFFICIAL]

Dear FOI (NDIS Commission),

I just wanted to clarify if the 21 days extension as it was agreed to on
12 August 2022 is applicable from that date or by the NDISQSC proposed due
date of my response 15 August 2022?

I am unsure if the due date of response is today or Monday next week.

Yours sincerely,

Ace Chapman

-----Original Message-----

Dear Ace Chapman,

Thank you for your response. I will notify OAIC accordingly of the agreed

extension and refine our search in line with the reframed scope of your

request (including your amendments as indicated below).

Kind Regards,

Lauren Stinson

FOI Officer & Lawyer

Legal Services Branch

P: (02) 4722 7239

E: [1][email address]

W: [2]www.ndiscommission.gov.au

[3]cid:image001.jpg@01D41218.BD3EEDC0

The NDIS Quality and Safeguards Commission acknowledges the traditional

owners 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 both past and present.

Note: This email and any attachments may contain confidential or legally

privileged information (and neither are waived or lost if this email has

been sent to you by mistake).  If you are not the intended recipient, you

must not use, disclose, copy or retain it.  If you have received it in

error, please let me know by reply email and then delete this email from

your system and do not retain any copy. Recipients within the NDIS

Commission should seek assistance from Legal Services Branch before

disseminating this email to third parties or using this advice for a

different matter.

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #9128 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:

https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. about:blank

hide quoted sections

Thank you for emailing the NDIS Quality and Safeguards Commission. 

This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.

Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.

This is an automated email. Please do not respond.

References

Visible links
1. http://www.ndiscommission.gov.au/

Dear Mr Chapman,

I am writing to provide you with an update in relation to your FOI
application.

To date we have sought, obtained and reviewed various documents relevant
to your request, and we have further undertaken consultation with third
parties.  

During consultations we have identified additional documents that may fall
within the scope of your request. Given these additional documents have
only very recently been identified, we are yet to locate and review such
documents. Consequently, we now require further time to undertake an
extensive search of our internal records, to review the additional
documents identified, and to continue preparation of documents for
release.

Please be advised that we have requested an extension of time from the
Office of the Australian Information Commissioner (OAIC) under section
15AB of the FOI Act. We have requested an additional 14 days. If our
request for an extension of time is granted, the deadline for a decision
about your application will be 19 October 2022.

I will provide you with a further update as soon as we hear back from
OAIC.

Yours sincerely,

--------------------------------------------------------------------------

Donna Mapledoram

FOI Officer

[1]cid:image001.jpg@01D41218.BD3EEDC0

--------------------------------------------------------------------------

Note: This email (including any attachments) is a confidential
communication containing legal advice relating to a specific matter. It is
subject to legal professional privilege that, if this email was sent to
you by mistake, is not waived. If you are not the intended recipient of
the email, please let me know by reply email and then delete this email
from your system and do not retain any copy. Recipients within the NDIS
Commission should seek assistance from a lawyer in the General Counsel and
Investigations Branch before disseminating this email or disclosing its
contents to third parties or using this advice for a different matter.

--------------------------------------------------------------------------

The NDIS Quality and Safeguards Commission acknowledges the traditional
owners of country throughout Australia, and their continuing connection to
land, water and community. We pay our respects to them and their cultures,
and to Elders both past and present.

-----

References

Visible links

hide quoted sections

Thank you for emailing the NDIS Quality and Safeguards Commission. 

This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.

Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.

This is an automated email. Please do not respond.

References

Visible links
1. http://www.ndiscommission.gov.au/

Our reference: RQ22/03475

Agency reference: LEX 1526 ICM 22/740

Extension of time application by NDIS Quality & Safeguards Commission

Dear Ace Chapman

I write to advise that on 28 September 2022 the Office of the Australian
Information Commissioner (the OAIC) received an application from the NDIS
Quality & Safeguards Commission (the NDIS QSC) for an extension of time,
to process your FOI request of 14 July 2022.

The NDIS QSC has applied for an extension of time until 19 October 2022,
as permitted under s 15AB of the Freedom of Information Act 1982 (Cth),
because your request is considered to be voluminous and complex.

The NDIS QSC advises the request is both complex and voluminous, noting:

o The request is both complex and voluminous due to: - the high volume
of records requiring retrieval and review and possible redaction
o The need to locate records across multiple system platforms
o the need to liaise with numerous internal staff due to records being
held within overlapping operational areas
o challenges associated with significant staff changes - the majority of
records sought deemed to be of a highly sensitive nature requiring
careful consideration and internal management
o the number of potential third parties that may require consultation.

On 6 October 2022, I wrote to you confirming that an extension of time
application had been received and was currently under consideration and
that I would also write to you seeking any comments. You responded to my
email advising:

·        My view is that given I have narrowed the scope of the request to
make it an easier process, agreed to my identity being released to third
parties as part of the consultation process and other extensions thus far
that yet another extension is unreasonable

·        If the agency had undertaken a proper and thorough search for the
documents requested this additional needed time would not be necessary

·        I respectfully request the OAIC deny the extension.

The NDIS QSC has requested an extension to 19 October 2022.

Noting the further information as provided by the NDIS QSC above, I will
now take any further comments you may have to make into account, when
deciding the extension of time application. 

Please respond to this email by close of business Monday 10 October 2022.
If I do not hear from you by this date, the decision maker will make a
decision on the basis of the information provided to me by the NDIS QSC,
along with those comments you have already provided to me as indicated
above.

You will be notified of the extension of time decision once the matter has
been finalised.

Further information about extension of time requests may be found on our
website at [1]Extensions of time.

Contact

If you have any questions regarding this email please contact me on (02)
9942 4061 or via email to [2][email address] . Please quote OAIC
reference: RQ22/03475 in all correspondence.

Kind regards

[3]O A I C logo   Karen Tulloch | Assistant Director

Investigations and Compliance

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  [4]oaic.gov.au

1300 363 992 |  [5][email address]

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
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2. mailto:[email address]
3. https://www.oaic.gov.au/
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]

Dear Mr Chapman,

I am writing to provide you with an update in relation to your FOI
application.

As you are aware, we have requested an extension of time from the Office
of the Australian Information Commissioner (OAIC) under section 15AB of
the FOI Act. We are yet to receive formal notification as to whether our
request for an additional 14 days has been granted.

Please be advised that we have since sought a further extension of time
from OAIC to retrieve, review and prepare certain documents for release.
We have requested an additional 14 days. If our request for an extension
of time is granted, the deadline for a decision about your application
will be 2 November 2022.

I will provide you with a further update as soon as we hear back from
OAIC.

Yours sincerely,

--------------------------------------------------------------------------

Donna Mapledoram

FOI Officer

[1]cid:image001.jpg@01D41218.BD3EEDC0

--------------------------------------------------------------------------

The NDIS Quality and Safeguards Commission acknowledges the traditional
owners of country throughout Australia, and their continuing connection to
land, water and community. We pay our respects to them and their cultures,
and to Elders both past and present.

References

Visible links

Thank you for emailing the NDIS Quality and Safeguards Commission. 

This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.

Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.

This is an automated email. Please do not respond.

References

Visible links
1. http://www.ndiscommission.gov.au/

Our reference: RQ22/03475 & RQ22/03724

Agency reference: LEX 1526 ICM 22/740

Ace Chapman

By email: [1][FOI #9128 email]

Extension of time under s 15AB

Dear Mr Chapman

Thank you for your email of 20 October 2022.

I have considered your comments in making my decision, and a copy of my
decision is attached.

As outlined in this decision, the NDIA has until 2 November 2022 to make a
decision on your FOI request.

Please note that a request for an extension of time under s 15AB can only
be sought in circumstances where the agency (NDIS Commission) considers
the processing period insufficient because the request is complex or
voluminous, and not because of any delay on the part of the OAIC in
responding to the request. In this case, for the reasons outlined in my
decision letter, I am satisfied that the NDIS Commission has provided
sufficient reasons to support this extension being granted on this basis.

As outlined in my decision letter, in the event that you do not receive a
decision from the NDIS Commission by 2 November 2022, or you are
dissatisfied with the decision, you may apply for IC review of the
decision [2]here.

Kind regards

[3]O A I C logo   Karen Tulloch | Assistant Director

Investigations and Compliance

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  [4]oaic.gov.au

1300 363 992  |  [5][email address]

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 #9128 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]

Our reference: MR22/01758

By email: [FOI #9128 email]

Receipt of your IC review application  

Thank you for your application for Information Commissioner Review (IC
review).

The Office of the Australian Information Commissioner (OAIC) is
considering your application.

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 MR22/01758.

Yours sincerely

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

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.

Dear Ace Chapman,

Please find attached letter from the delegate outlining her access
decision in this matter. Please also find attached documents for which
partial access has been granted.

Yours sincerely,

--------------------------------------------------------------------------

Donna Mapledoram

FOI Officer

[1]cid:image001.jpg@01D41218.BD3EEDC0

--------------------------------------------------------------------------

Note: This email (including any attachments) is a confidential
communication containing legal advice relating to a specific matter. It is
subject to legal professional privilege that, if this email was sent to
you by mistake, is not waived. If you are not the intended recipient of
the email, please let me know by reply email and then delete this email
from your system and do not retain any copy. Recipients within the NDIS
Commission should seek assistance from a lawyer in the General Counsel and
Investigations Branch before disseminating this email or disclosing its
contents to third parties or using this advice for a different matter.

--------------------------------------------------------------------------

The NDIS Quality and Safeguards Commission acknowledges the traditional
owners of country throughout Australia, and their continuing connection to
land, water and community. We pay our respects to them and their cultures,
and to Elders both past and present.

References

Visible links

hide quoted sections

Our reference: RQ22/03887

Agency reference: LEX 1526 ICM 22/740

Mr Ace Chapman

By email: [1][FOI #9128 email]
CC: [2][NDIS Quality and Safeguards Commission request email]

Extension of time under s 15AB

Dear Mr Chapman

Please find attached an FOI Extension of Time Decision relating to your
FOI Request with the NDIS Quality and Safeguards Commission (NDIS
Commission).  A copy of this decision has also been provided to the NDIS
Commission today.

Kind regards

[3]O A I C logo   Karen Tulloch | Assistant Director

Investigations and Compliance

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  [4]oaic.gov.au

1300 363 992  |  [5][email address]

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 #9128 email]
2. mailto:[NDIS Quality and Safeguards Commission request email]
3. https://www.oaic.gov.au/
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]

Dear Ace Chapman,

You will recall that the delegate advised you, in her recent letter dated
8 November 2022, that the Commission had sought a further extension of
time until 11 November 2022. I understand OAIC has written to you to let
you know that the extension has since been granted.

This means the delegate’s decision was made in time and is not considered
‘deemed.’ Consequently, your review rights now include an opportunity to
request an internal review.

Section 54A of the FOI Act gives you the right to apply for internal
review of the delegate’s decision. If you seek an internal review, the
review will be conducted by a different person to the person who made the
original decision.

You will need to apply for the review in writing, within 30 days of
receipt of the delegate’s decision.

No particular form is required for an application for internal review.
However, to assist the decision-maker, you should clearly outline the
grounds upon which you consider the decision should be reviewed.

Applications for internal review can be lodged in one of the following
ways:

Email: [NDIS Quality and Safeguards Commission request email]

Post: FOI Coordinator NDIS Quality and Safeguards Commission

PO Box 210

PENRITH NSW 2750

Yours sincerely,

--------------------------------------------------------------------------

Donna Mapledoram

FOI Officer/Senior Lawyer

Legal Services and Internal Integrity Division

[1]cid:image001.jpg@01D41218.BD3EEDC0

--------------------------------------------------------------------------

The NDIS Quality and Safeguards Commission acknowledges the traditional
owners of country throughout Australia, and their continuing connection to
land, water and community. We pay our respects to them and their cultures,
and to Elders both past and present.

References

Visible links

Our reference: MR22/01758

Agency reference: ICM 22/740

Ace Chapman

By email: [1][FOI #9128 email]

Dear Ace Chapman

The NDIS Quality & Safeguards Commission has advised us that your FOI
request has been finalised and a decision provided to you.

If you are satisfied with the outcome of your FOI request, we invite you
to withdraw this application for IC review.

Please contact us if you have any questions.

Kind regards

Noah Harris

[2][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

1300 363 992 [4][email address]
[5][IMG] | [6][IMG] | [7][IMG] |   [8]Subscribe to OAICnet newsletter

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

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1. mailto:[FOI #9128 email]
2. https://aus01.safelinks.protection.outlo...
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4. mailto:[email address]
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...

Dear Mr Chapman

Re: Your application for Information Commissioner review

The NDIS Quality and Safeguards Commission has confirmed that your FOI
request has been finalised and the released documents have been provided
to you.

If you are satisfied with the outcome of your FOI request, please confirm
that this IC review application is withdrawn.

Please respond by 14 December 2022.

Sincerely

Alistair B

[1][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5288 Sydney NSW 2001  |
 [2]oaic.gov.au

1300 363 992  |  [3][email address]
[4][IMG] | [5][IMG] | [6][IMG] |   [7]Subscribe to OAICnet newsletter

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

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5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...

Thank you for your email. Please note the OAIC will be closed on Thursday
26 January 2023.

This is an automated response to confirm that your email was received by
the Office of the Australian Information Commissioner (the OAIC) Freedom
of Information Dispute Resolution (FOIDR) mailbox.  

New review applications and FOI complaints  

If you are seeking to lodge an application for review of an FOI decision
or a complaint about an agency’s processing of an FOI request, the OAIC
will write to you shortly.   

Information regarding the IC review process can be found
at: [1]https://www.oaic.gov.au/freedom-of-infor...
in [2]Part 10 of the [3]FOI Guidelines.  

Information regarding the FOI complaints process can be found
at: [4]https://www.oaic.gov.au/freedom-of-infor...
in [5]Part 11 of the [6]FOI Guidelines.  

Submissions for existing IC review matters and FOI complaints   

If you have provided submissions for a matter currently with the OAIC,
your correspondence will be attached to the relevant file. The review
adviser responsible for the matter will contact you should further
information regarding the submissions be required.  

Records of other agencies  

Please note that the OAIC does not hold records of other government
agencies. If you wish to request access to documents of another agency,
you will need to make a request to that agency under the FOI Act.
Information about [7]how to make an FOI request is available on the OAIC
website.  

General information  

The following information is available on the OAIC [8]website:  

·    FOI
reviews:  [9]https://www.oaic.gov.au/freedom-of-infor...

·    FOI
complaints: [10]https://www.oaic.gov.au/freedom-of-infor...

·    Extension of time for processing FOI
requests: [11]https://www.oaic.gov.au/freedom-of-infor...

We have also published guidance on applicants’ [12]review rights and
frequently asked questions for [13]individuals and [14]agencies.  

If you have any further enquiries, please contact the OAIC Enquiries Line
on 1300 363 992.  

Kind regards  

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

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2. https://www.oaic.gov.au/freedom-of-infor...
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4. https://www.oaic.gov.au/freedom-of-infor...
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8. https://www.oaic.gov.au/
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10. https://www.oaic.gov.au/freedom-of-infor...
11. https://www.oaic.gov.au/freedom-of-infor...
12. http://www.oaic.gov.au/freedom-of-inform...
13. https://www.oaic.gov.au/freedom-of-infor...
14. https://www.oaic.gov.au/freedom-of-infor...

Dear Mr Chapman,

We sincerely apologise for our delay in responding to your previous
correspondence.

We understand that you are unsatisfied with the “standard of the
information provided” by the NDIS Quality and Safeguards Commission.

In order for your matter to progress, we kindly request that you provide
clarification of which areas of the decision you want reviewed.

We require this of you because, in some cases, certain issues you may have
with the decision could fall outside of our jurisdiction and review
abilities.

To assist our office, we ask that you provide the following information by
close of business on 10 March 2023:

 1. identify the aspect(s) of the NDIS Quality and Safeguards Commission
decision about which the review is sought;
 2. state why you disagree with the Commission’s decision; and
 3. identify which documents you consider have been wrongly refused or
which exemptions have been incorrectly applied.

We have attached a copy of the decision for your convenience.

If you require any assistance, please do not hesitate to contact us at
[1][email address]

Kind regards,

Claire Lynch.

[2][IMG]   Assistant Review Advisor | Intake and
Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5288 Sydney NSW 2001  |
 [3]oaic.gov.au

1300 363 992  |  [4][email address]
[5][IMG] | [6][IMG] | [7][IMG] |   [8]Subscribe to OAICnet newsletter

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
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2. https://aus01.safelinks.protection.outlo...
3. https://aus01.safelinks.protection.outlo...
4. mailto:[email address]
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...

Dear Mr Chapman,

We refer to our correspondence of 23 February 2023 requesting further
submissions regarding your request for IC review.

In that correspondence, we requested that you provide our office with a
response by 10 March 2023. However, it does not appear that you have
provided a response to date.

To assist our office in progressing your review, we ask that you urgently
provide the following information:

 1. identify the aspect(s) of the NDIS Quality and Safeguards Commission
decision about which the review is sought;
 2. state why you disagree with the Commission’s decision; and
 3. identify which documents you consider have been wrongly refused or
which exemptions have been incorrectly applied.

We have attached a copy of the decision for your convenience.

We request that you provide our office with a response by close of
business on 3 April 2023.

Intention to decline to continue IC review

Please note that the Commissioner’s written [1]direction to IC review
applicants provides that:

o where an applicant wishes to proceed with a review of a substantive
[or revised] decision they must explain why they disagree with the
decision and the basis on which they wish to proceed with the IC
review [1.33], and
o applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond [1.22].

Section 54W(c) of the FOI Act provides that the Information Commissioner
may decide not to undertake, or continue to undertake, an IC review where
an applicant fails to comply with a direction of the Information
Commissioner.

Should we not receive a response from you to this email by 3 April 2023,
your IC review application will be finalised by a delegate of the
Information Commissioner under s 54W(c).

If you have any questions regarding this email, please contact us via
email at [2][email address]. Please quote the OAIC reference number at
the top of this email in all correspondence.

Kind regards,

Claire Lynch.

[3][IMG]   Assistant Review Advisor | Intake and
Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5288 Sydney NSW 2001  |
 [4]oaic.gov.au

1300 363 992  |  [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |   [9]Subscribe to OAICnet newsletter

From: OAIC - FOI DR
Sent: Thursday, 23 February 2023 4:14 PM
To: Ace Chapman <[FOI #9128 email]>
Subject: OAIC - MR22/01758 - Your application for IC review

Dear Mr Chapman,

We sincerely apologise for our delay in responding to your previous
correspondence.

We understand that you are unsatisfied with the “standard of the
information provided” by the NDIS Quality and Safeguards Commission.

In order for your matter to progress, we kindly request that you provide
clarification of which areas of the decision you want reviewed.

We require this of you because, in some cases, certain issues you may have
with the decision could fall outside of our jurisdiction and review
abilities.

To assist our office, we ask that you provide the following information by
close of business on 10 March 2023:

 1. identify the aspect(s) of the NDIS Quality and Safeguards Commission
decision about which the review is sought;
 2. state why you disagree with the Commission’s decision; and
 3. identify which documents you consider have been wrongly refused or
which exemptions have been incorrectly applied.

We have attached a copy of the decision for your convenience.

If you require any assistance, please do not hesitate to contact us at
[10][email address]

Kind regards,

Claire Lynch.

[11][IMG]   Assistant Review Advisor | Intake
and Early Resolution Team

Freedom of Information Regulatory
Group

Office of the Australian Information
Commissioner

GPO Box 5288 Sydney NSW 2001  |
 [12]oaic.gov.au

1300 363 992  | 
[13][email address]
[14][IMG] | [15][IMG] | [16][IMG] |   [17]Subscribe to OAICnet
newsletter

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

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Dear Mr Chapman
Thank you for your email.
In your email below, you specifically refer to the exemptions applied under ss 47E and 47F as a basis for continuing the review. I note that the NDIS Quality and Safeguards Commission also refused access to material under ss 45 (documents containing material obtained in confidence) and 47 (documents disclosing trade secrets or commercially valuable information).
Can you please confirm whether you are also seeking review in relation to these exemptions. I would appreciate a response by 13 April 2023.
Kind regards
Carl English
Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001 | oaic.gov.au
1300 363 992 | [email address]

|

|

|

-----Original Message-----
From: Ace Chapman <[FOI #9128 email]>
Sent: Saturday, 25 March 2023 10:58 PM
To: OAIC - FOI DR <[email address]>
Subject: Internal review of Freedom of Information request - Weir Consulting Contract CN3781259

**************************************************************************
CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe.
**************************************************************************

Dear OAIC - FOI DR,

Apologies for the delay in responding to your previous email - due to the long delay in response from the OAIC and a family illness I have not not properly attended to my emails.

I am writing to request a review of the decision made by the NDIS Quality and Safeguards Commission in response to my Freedom of Information (FOI) request. I have concerns that the decision-maker, Ms. Lisa Pulko, may have misused the provisions of the FOI Act and potentially breached the APS Code of Conduct in her capacity as an APS Steward.

Below, I have listed my concerns regarding the decision:

Inappropriate application of exemptions: The decision-maker has applied various exemptions under sections 47E and 47F without providing sufficient justification or evidence. This approach raises questions about the misuse of the FOI Act's provisions.

Insufficient consideration of public interest test: The decision-maker seems to have given undue weight to factors against disclosure without properly assessing factors in favor of disclosure. This lack of balance may indicate a misunderstanding of the public interest test.

Inadequate consideration of partial disclosure: The decision-maker has chosen to withhold entire documents (4-7) under various exemptions rather than considering the release of redacted or edited versions. This approach seems inconsistent with the FOI Act's objective of promoting transparency and access to government-held information.

Limited engagement with third-party consultation: The decision-maker mentions consulting with Weir, a third-party involved in the documents, but provides limited information about the consultation process and its outcomes. It is unclear whether the decision-maker has given proper consideration to the third party's views when applying exemptions.

Failure to consider public interest in accountability: The decision-maker does not seem to have given due weight to the public interest in promoting accountability and transparency within the NDIS Quality and Safeguards Commission. This lack of consideration raises concerns about the decision-maker's understanding of the FOI Act's objectives.

Potential breach of APS Code of Conduct: By potentially misusing the provisions of the FOI Act and possibly acting contrary to the Act's intended purpose, Ms. Pulko may be breaching the APS Code of Conduct in her role as an APS Steward. Such behavior could undermine public trust in the integrity and professionalism of the APS.

In light of these concerns, I request that the OAIC review the decision made by the NDIS Quality and Safeguards Commission in response to my FOI request. I believe that the decision-maker's approach to exemptions and the public interest test may have been contrary to the FOI Act's intended purpose, and as a result, important information has been withheld from the public.

I appreciate your attention to this matter and look forward to your response. If you require any further information or clarification, please do not hesitate to contact me.

Yours sincerely,

Ace Chapman

-----Original Message-----

Dear Mr Chapman,

We refer to our correspondence of 23 February 2023 requesting further submissions regarding your request for IC review.

In that correspondence, we requested that you provide our office with a response by 10 March 2023. However, it does not appear that you have provided a response to date.

To assist our office in progressing your review, we ask that you urgently provide the following information:

1. identify the aspect(s) of the NDIS Quality and Safeguards Commission decision about which the review is sought;
2. state why you disagree with the Commission’s decision; and
3. identify which documents you consider have been wrongly refused or which exemptions have been incorrectly applied.

We have attached a copy of the decision for your convenience.

We request that you provide our office with a response by close of business on 3 April 2023.

Intention to decline to continue IC review

Please note that the Commissioner’s written [1]direction to IC review applicants provides that:

o where an applicant wishes to proceed with a review of a substantive [or revised] decision they must explain why they disagree with the decision and the basis on which they wish to proceed with the IC review [1.33], and o applicants must respond to enquiries from the OAIC within the period provided unless there are circumstances warranting a longer period to respond [1.22].

Section 54W(c) of the FOI Act provides that the Information Commissioner may decide not to undertake, or continue to undertake, an IC review where an applicant fails to comply with a direction of the Information Commissioner.

Should we not receive a response from you to this email by 3 April 2023, your IC review application will be finalised by a delegate of the Information Commissioner under s 54W(c).

If you have any questions regarding this email, please contact us via email at [2][email address]. Please quote the OAIC reference number at the top of this email in all correspondence.

Kind regards,

Claire Lynch.

[3][IMG] Assistant Review Advisor | Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5288 Sydney NSW 2001 |
[4]oaic.gov.au

1300 363 992 | [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to OAICnet newsletter

From: OAIC - FOI DR
Sent: Thursday, 23 February 2023 4:14 PM
To: Ace Chapman <[FOI #9128 email]>
Subject: OAIC - MR22/01758 - Your application for IC review

Dear Mr Chapman,

We sincerely apologise for our delay in responding to your previous correspondence.

We understand that you are unsatisfied with the “standard of the information provided” by the NDIS Quality and Safeguards Commission.

In order for your matter to progress, we kindly request that you provide clarification of which areas of the decision you want reviewed.

We require this of you because, in some cases, certain issues you may have with the decision could fall outside of our jurisdiction and review abilities.

To assist our office, we ask that you provide the following information by close of business on 10 March 2023:

1. identify the aspect(s) of the NDIS Quality and Safeguards Commission decision about which the review is sought;
2. state why you disagree with the Commission’s decision; and
3. identify which documents you consider have been wrongly refused or which exemptions have been incorrectly applied.

We have attached a copy of the decision for your convenience.

If you require any assistance, please do not hesitate to contact us at [10][email address]

Kind regards,

Claire Lynch.

[11][IMG] Assistant Review Advisor | Intake and Early Resolution Team

Freedom of Information Regulatory
Group

Office of the Australian Information
Commissioner

GPO Box 5288 Sydney NSW 2001 |
[12]oaic.gov.au

1300 363 992 |
[13][email address]
[14][IMG] | [15][IMG] | [16][IMG] | [17]Subscribe to OAICnet newsletter

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. https://www.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. http://www.oaic.gov.au/
5. mailto:[email address]
6. http://www.facebook.com/OAICgov
7. https://www.linkedin.com/company/office-...
8. https://twitter.com/OAICgov
9. https://www.oaic.gov.au/media-and-speech...
10. mailto:[email address]
11. https://www.oaic.gov.au/
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-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9128 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:
https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------
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 Local time) and delete all copies of this transmission together with any attachments.

hide quoted sections

Dear Mr Chapman
Thank you for your email.
This matter can now proceed to assessment by a senior member of the FOI team. After the matter is assessed, we will contact you to advise of next steps in the matter.
Kind regards
Carl English
Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner GPO Box 5288 Sydney NSW 2001 | oaic.gov.au
1300 363 992 | [email address]

-----Original Message-----
From: Ace Chapman <[FOI #9128 email]>
Sent: Sunday, 9 April 2023 9:57 AM
To: OAIC - FOI DR <[email address]>
Subject: RE: Internal review of Freedom of Information request - Weir Consulting Contract CN3781259 [SEC=OFFICIAL]

**************************************************************************
CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe.
**************************************************************************

Dear OAIC - FOI DR,

Dear Mr. English and OAIC - FOI DR,

Thank you for your response to my previous email. I understand the concerns you raised and would like to clarify my request for a review of the decision made by the NDIS Quality and Safeguards Commission in response to my Freedom of Information (FOI) request. My concerns extend to all exemptions applied by the decision-maker, Ms. Lisa Pulko, including sections 45, 47, 47E, and 47F of the FOI Act. I am concerned that Ms. Pulko may have misused the provisions of the FOI Act and potentially breached the APS Code of Conduct in her capacity as an APS Steward.

To provide a comprehensive overview of my concerns, I have listed them below with specific reference to the exemptions applied and their corresponding document numbers, as well as elaborating on the inconsistencies observed in the decision-making process:

Inappropriate application of exemptions:
Concern: Ms. Pulko has applied exemptions under sections 47, 47E, and 47F to Documents 1-3, while applying sections 45, 47, 47E(c) and (d), and 47F to Documents 4-7. The rationale for the different applications of exemptions is not clear and raises concerns about the consistency in her decision-making process. For example, section 47F is applied to both sets of documents, but the extent of redactions and the reasons provided for applying the exemption differ between the two sets. Inconsistencies in the application of exemptions suggest a potential misuse of the FOI Act's provisions.

Insufficient consideration of public interest test:
Concern: The decision-maker appears to have given undue weight to factors against disclosure without properly assessing factors in favor of disclosure for Documents 4-7. This lack of balance may indicate a misunderstanding of the public interest test and undermine the FOI Act's objective of promoting transparency and access to government-held information. For instance, the public interest in understanding the Commission's decision-making process and ensuring accountability seems to have been overlooked.

Inadequate consideration of partial disclosure:
Concern: Ms. Pulko has chosen to withhold entire Documents 4-7 under various exemptions (including sections 45 and 47) rather than considering the release of redacted or edited versions. This approach seems inconsistent with her decision to release redacted versions of Documents 1-3, and it goes against the FOI Act's objective of promoting transparency and access to government-held information. The lack of explanation for withholding entire documents, rather than redacting sensitive information, raises concerns about the appropriateness of the applied exemptions.

Limited engagement with third-party consultation:
Concern: The decision-maker mentions consulting with Weir, a third-party involved in the documents, but provides limited information about the consultation process and its outcomes for Documents 4-7. It is unclear whether the decision-maker has given proper consideration to the third party's views when applying exemptions, including sections 45 and 47.

Furthermore, it appears that Ms. Pulko may have not consulted with other third parties involved in the matter, such as past and present NDIS Commission employees mentioned in her response, which raises questions about the thoroughness of her decision-making process.

I hope that this clarification addresses your concerns, and I confirm that I am seeking a review of the decision made by the NDIS Quality and Safeguards Commission concerning all exemptions applied, including sections 45 and 47.

I appreciate your attention to this matter and look forward to your response. If you require any further information or clarification, please do not hesitate to contact me.

Yours sincerely,

Ace Chapman

-----Original Message-----

Dear Mr Chapman
Thank you for your email.
In your email below, you specifically refer to the exemptions applied under ss 47E and 47F as a basis for continuing the review. I note that the NDIS Quality and Safeguards Commission also refused access to material under ss 45 (documents containing material obtained in confidence) and 47 (documents disclosing trade secrets or commercially valuable information).
Can you please confirm whether you are also seeking review in relation to these exemptions. I would appreciate a response by 13 April 2023.
Kind regards
Carl English
Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner GPO Box 5288 Sydney NSW 2001 | oaic.gov.au
1300 363 992 | [email address]

|

|

|

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9128 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:
https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------
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 Local time) and delete all copies of this transmission together with any attachments.

hide quoted sections

Our reference: MR22/01758

Agency reference: ICM 22/740

Mr Ace Chapman
By email: [FOI #9128 email]

Dear Mr Chapman

Thank you for your application for review. We have today informed the NDIS
Quality and Safeguards Commission that the Information Commissioner will
undertake an IC review and requested information to assist with
progressing the review.

We will provide you with an update when we have heard from the NDIS
Quality and Safeguards Commission.

Kind regards

[1][IMG]   Carl English

Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5288 Sydney NSW 2001  |
 [2]oaic.gov.au

1300 363 992  |  [3][email address]
[4][IMG] | [5][IMG] | [6][IMG] |    

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. https://www.oaic.gov.au/
2. http://www.oaic.gov.au/
3. mailto:[email address]
4. http://www.facebook.com/OAICgov
5. https://www.linkedin.com/company/office-...
6. https://twitter.com/OAICgov

Our reference: MR22/01758
Agency reference: ICM 22/740

Mr Ace Chapman
By email: [FOI #9128 email]

Dear Mr Chapman,

Thank you for your email. We advise we have not yet received a response from the NDIS Quality and Safeguards Commission.

We will provide you with an update when we have heard from the NDIS Quality and Safeguards Commission.

Kind regards

  Dianne  |  Assistant Review Adviser
  Freedom of Information
  Office of the Australian Information Commissioner
  GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au
  [email address]  |  1300 363 992

|

|

|

Subscribe to Information Matters

-----Original Message-----
From: Ace Chapman <[FOI #9128 email]>
Sent: Tuesday, 9 May 2023 4:36 PM
To: OAIC - FOI DR <[email address]>
Subject: Re: MR22/01758 - Your IC review application [SEC=OFFICIAL]

**************************************************************************
CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe.
**************************************************************************

Dear Mr English,

I hope this message finds you well. I am writing to follow up on the IC review for my application, referenced as MR22/01758. It has been 19 days since our last correspondence, and I am seeking an update on the progress of the review.

As previously mentioned, you informed the NDIS Quality and Safeguards Commission that the Information Commissioner would undertake an IC review and requested information to assist with progressing the review. I would greatly appreciate any new information or updates on the current status of the review process.

Thank you for your attention to this matter. I look forward to hearing from you soon.

Kind regards,

Ace Chapman

-----Original Message-----

Our reference: MR22/01758

Agency reference: ICM 22/740

Mr Ace Chapman
By email: [FOI #9128 email]

Dear Mr Chapman

Thank you for your application for review. We have today informed the NDIS Quality and Safeguards Commission that the Information Commissioner will undertake an IC review and requested information to assist with progressing the review.

We will provide you with an update when we have heard from the NDIS Quality and Safeguards Commission.

Kind regards

[1][IMG]   Carl English

Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5288 Sydney NSW 2001  |
 [2]oaic.gov.au

1300 363 992  |  [3][email address]
[4][IMG] | [5][IMG] | [6][IMG] |    

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. https://www.oaic.gov.au/
2. http://www.oaic.gov.au/
3. mailto:[email address]
4. http://www.facebook.com/OAICgov
5. https://www.linkedin.com/company/office-...
6. https://twitter.com/OAICgov

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9128 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:
https://www.righttoknow.org.au/help/offi...

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.

-------------------------------------------------------------------
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 Local time) and delete all copies of this transmission together with any attachments.

hide quoted sections

Dear Mr Chapman
Thank you for your email. I apologise for the delay in our response.
Unfortunately, we are unable to provide a definitive timeframe on the IC
review process. I note that the FOI Act does not provide a statutory
timeframe in which the Information Commissioner must finalise an IC
review. At this stage, the matter is awaiting allocation to a review
adviser. After the file is allocated, the review adviser will contact you
to advise of next steps in the matter.
Please note the OAIC is currently focusing on the case management and
finalisation of aged matters, particularly the 204 IC review applications
on hand received in 2018 and 2019. Given this, and noting that there are
there are approximately 1539 applications on hand received prior to your
application, the allocation of your matter to a review adviser is likely
to involve some delay.
While we are unable to expedite matters at this stage, given we are
prioritising older matters, we are able to consider whether the matter
should be finalised under s 54W(b) to allow you to apply directly to the
Administrative Appeals Tribunal (AAT).
In the meantime, we are working to progress the matter in readiness for
allocation. In this regard, I note that the NDIA has provided the
information sought by the OAIC to assist the Information Commissioner to
conduct the IC review.
Should you wish to follow up on this matter further, please contact the
OAIC enquiries line on 1300 363 992 or email [1][email address] and
quote the reference number MR22/01758.
Regards

Carl English
Intake and Early Resolution Team
[2][IMG]   Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001  |  [3]oaic.gov.au
1300 363 992  |  [4][email address]

[5][IMG] | [6][IMG] | [7][IMG] |    

 
 
 
-----Original Message-----
From: Ace Chapman <[FOI #9128 email]>
Sent: Monday, May 22, 2023 3:59 PM
To: OAIC - FOI DR <[email address]>
Subject: RE: MR22/01758 - Your IC review application [SEC=OFFICIAL]
 
**************************************************************************
CAUTION: This email originated from outside of the organisation. Do not
click links or open attachments unless you recognise the sender and know
the content is safe.
**************************************************************************
 
Dear OAIC,
 
Thank you for your recent communication regarding the ongoing matter with
the NDIS Quality and Safeguards Commission. I note that it has now been 32
days since April 20th, the date the OAIC accepted this matter, which
exceeds the expected timeframe for resolution as outlined in the FOI Act
and the Guidelines.
 
As per my understanding of the legislation, the NDIS Commission was
required to respond to the IC review request by the commissioner within
two weeks. However, it appears that no response has been received from the
NDIS Commission thus far.
 
Furthermore, I have not yet received a response from Mr. English regarding
a potential timeline for resolving this issue, despite having requested
one. Timely communication is crucial to maintain trust and transparency
throughout this process.
 
Considering the time that has elapsed and the lack of response from the
NDIS Commission, I kindly request an escalation of this matter to ensure
an appropriate and timely resolution. According to the FOI Act and the
Guidelines, the following timeframes are expected:
 
1. The IC must provide the agency with a copy of the IC review application
within seven days of receiving it.
2. The agency then has 14 days from receiving the IC review application to
provide the IC with the requested documents and any other relevant
information.
3. The IC must provide me with a statement of reasons for the decision as
soon as practicable but no later than 30 days after the IC review
application was made.
4. The IC has 60 days from the day the IC review application was made to
make a decision on the review and provide written notice to the applicant.
 
Given that these timeframes have been exceeded, I would appreciate a
prompt resolution of this matter.
 
Thank you for your attention to this matter, and I look forward to hearing
from you soon.
 
Kind regards,
 
Mr. Ace Chapman
 
-----Original Message-----
 
Our reference: MR22/01758
Agency reference: ICM 22/740
 
Mr Ace Chapman
By email: [FOI #9128 email]
 
Dear Mr Chapman,
 
Thank you for your email. We advise we have not yet received a response
from the NDIS Quality and Safeguards Commission.
 
We will provide you with an update when we have heard from the NDIS
Quality and Safeguards Commission.
 
Kind regards
 
  Dianne  |  Assistant Review Adviser
  Freedom of Information
  Office of the Australian Information Commissioner
  GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au
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Our reference: MR22/01758
Agency Reference: ICM 22/740

Dear Mr Chapman

Thank you for your correspondence seeking an update regarding the progress of the above IC review application with the Office of the Australian Information Commissioner (the OAIC) about a decision of the National Disability Insurance Agency under the Freedom of Information Act 1982 (Cth). I apologise for the delay in responding to your update request.

Unfortunately, it remains the case that this IC review application is awaiting allocation to a review adviser. Due to the number of IC review applications on hand, and the need to prioritise IC review applications that were received earlier, this may not occur for some time. After this IC review application is allocated, the review adviser will contact you to advise of the next steps in the IC review process.

By way of update, the OAIC is now focusing on the case management and finalisation of the IC review applications received in 2019 and 2020, and there are now approximately 1,323 IC review applications on hand that were received before your IC review application.

In the meantime, we are working to progress this IC review application in readiness for allocation.

Should you wish to follow up on this matter further, please contact the OAIC enquiries line on 1300 363 992 or email [email address] and quote the reference number MR22/01758.

Kind regards

Samra Karim (she/her)
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P +61 2 9246 0428  E [email address]

-----Original Message-----
From: Ace Chapman <[FOI #9128 email]>
Sent: Wednesday, October 25, 2023 4:23 PM
To: OAIC - FOI DR <[email address]>
Subject: RE: MR22/01758 - Your IC review application [SEC=OFFICIAL]

**************************************************************************
CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe.
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Dear OAIC - FOI DR,

I am hoping to receive an update regarding the status of my IC review?

Yours sincerely,

Ace Chapman

-----Original Message-----

Dear Mr Chapman
Thank you for your email. I apologise for the delay in our response.
Unfortunately, we are unable to provide a definitive timeframe on the IC review process. I note that the FOI Act does not provide a statutory timeframe in which the Information Commissioner must finalise an IC review. At this stage, the matter is awaiting allocation to a review adviser. After the file is allocated, the review adviser will contact you to advise of next steps in the matter.
Please note the OAIC is currently focusing on the case management and finalisation of aged matters, particularly the 204 IC review applications on hand received in 2018 and 2019. Given this, and noting that there are there are approximately 1539 applications on hand received prior to your application, the allocation of your matter to a review adviser is likely to involve some delay.
While we are unable to expedite matters at this stage, given we are prioritising older matters, we are able to consider whether the matter should be finalised under s 54W(b) to allow you to apply directly to the Administrative Appeals Tribunal (AAT).
In the meantime, we are working to progress the matter in readiness for allocation. In this regard, I note that the NDIA has provided the information sought by the OAIC to assist the Information Commissioner to conduct the IC review.
Should you wish to follow up on this matter further, please contact the OAIC enquiries line on 1300 363 992 or email [1][email address] and quote the reference number MR22/01758.
Regards

Carl English
Intake and Early Resolution Team
[2][IMG]   Freedom of Information Regulatory Group Office of the Australian Information Commissioner GPO Box 5288 Sydney NSW 2001  |  [3]oaic.gov.au
1300 363 992  |  [4][email address]

[5][IMG] | [6][IMG] | [7][IMG] |    

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Please use this email address for all replies to this request:
[FOI #9128 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:
https://www.righttoknow.org.au/help/offi...

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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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 Local time) and delete all copies of this transmission together with any attachments.

hide quoted sections

Your IC review application about a decision of the National Disability
Insurance Agency

Our reference: MR22/01758

Agency Reference: ICM 22/740

By email: [1][FOI #9128 email]

Dear Mr Chapman,

Thank you for your correspondence seeking an update regarding the progress
of the above IC review application with the Office of the Australian
Information Commissioner (the OAIC) about a decision of the National
Disability Insurance Agency under the Freedom of Information Act 1982
(Cth). I apologise for the delay in responding to your update request.

Unfortunately, it remains the case that this IC review application is
awaiting allocation to a review adviser. Due to the number of IC review
applications on hand, and the need to prioritise IC review applications
that were received earlier, this may not occur for some time. After this
IC review application is allocated, the review adviser will contact you to
advise of the next steps in the IC review process.

By way of update, the OAIC is now focusing on the case management and
finalisation of the IC review applications received in 2019 and 2020. The
OAIC received your IC review application on 4 November 2022.

In the meantime, we are working to progress this IC review application in
readiness for allocation.

Should you wish to follow up on this matter further, please contact the
OAIC enquiries line on 1300 363 992 or email [2][email address] and
quote the reference number MR22/01758.

Yours sincerely,

[3]A blue   Jason Nung  (pronouns e.g. he/him)
background
with white Assistant Review Advisor
text
Description Office of the Australian Information Commissioner
automatically
generated Sydney | GPO Box 5288 Sydney NSW 2001

P +61 2 9246 0551  E [4][email address]
 
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