Our reference: FOI 20/21-0736
GPO Box 700
Canberra ACT 2601
1800 800 1104 June 2021 ndis.gov.au
Grace Stranger By email: foi+request-7297-8374da99@righttoknow.org.au
Dear Grace Stranger
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 5 May 2021, in which you requested access under the Freedom of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance Agency (NDIA).
The purpose of this letter is to provide you with a decision on your request.
Scope of your request You have requested access to documents about the National Disability Insurance Scheme (NDIS). Specifically, you requested access to:
1. How many NDIS participants are in NSW prisons?
2. The average supports the NDIA have funded for people in NSW prisons
3. How many $1 or $0 plans are active for people in NSW prisons
4. What NDIS Providers are currently operating in/making assessments for NSW
prisons?Decision on access to documents I am authorised to make decisions under the FOI Act. My decision on your request and the easons for my decision are set out below.
The information you requested was not available in a separate written document at the time of your request. However, we have been able to produce a document containing the information you have requested. I have therefore treated your request as if it were for access to this document in accordance with section 17 of the FOI Act.
I have identified one document which falls within the scope of your request.
The document was identified by conducting searches of NDIA’s systems using all reasonable search terms that could return documents relevant to your request, and by consulting with relevant NDIA staff who could be expected to be able to identify documents within the scope of the request.
The New South Wales Department of Communities and Justice provides information to the NDIA regarding current and prospective participants in NSW prisons. The data provided is reflective of a point in time, noting that people move in and out of prisons (including remand) daily.
While every reasonable attempt has been made to ensure the accuracy of the data provided, circumstances change daily and there may be a delay in reporting relevant information to the NDIA and/or circumstances that the NDIA is not informed of.
1The data provided in response to this request reflects the latest plan information for the participant circumstances that the NDIA has been notified of as at 30 April 2021.
I have decided to grant access to one document in full.
In reaching my decision, I took into account the following materials:
- your correspondence outlining the scope of your request;
- the nature and content of the documents falling within the scope of your request;
- the FOI Act;
- the FOI Guidelines;
- consultation with relevant NDIA staff; and
- the NDIA’s operating environment and functions.
Release of documents
The document for release, as referred to in the Schedule of Documents at Attachment A, is enclosed.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment B.
Should you have any enquiries concerning this matter, please do not hesitate to contact me by email at foi@ndis.gov.au.
Yours sincerely
Ausilia Woodhead Assistant Director Parliamentary, Ministerial & FOI Branch Government Division
Attachment A
Schedule of Documents for FOI 20/21-0736
| Document number | Page number | Description | Access Decision | Comments |
|---|---|---|---|---|
| 1 | 1 | FOI 20/21-0736: Statistics related to NDIS participants in NSW prisons as at 30 April 2021* | FULL ACCESS | Document created under section 17 of the FOI Act. |
*data reflects the latest plan information for the participant circumstances that the NDIA has been notified of as at 30 April 2021
Attachment B
Your review rights
Internal Review
The FOI Act gives you the right to apply for an internal review of this decision. The review will be conducted by a different person to the person who made the original decision.
If you wish to seek an internal review of the decision, you must apply for the review, in writing, within 30 days of receipt of this letter.
No particular form is required for an application for internal review, but to assist the review process, you should clearly outline your grounds for review (that is, the reasons why you disagree with the decision). Applications for internal review can be lodged by email to foi@ndis.gov.au or sent by post to:
Freedom of Information Section Parliamentary, Ministerial & FOI Branch Government Division National Disability Insurance Agency GPO Box 700 Canberra ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act also gives you the right to apply to the Office of the Australian Information Commissioner (OAIC) to seek a review of this decision.
If you wish to have the decision reviewed by the OAIC, you may apply for the review, in writing, or by using the online merits review form available on the OAIC’s website at www.oaic.gov.au, within 60 days of receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
- Online: www.oaic.gov.au
- Post: GPO Box 5218, Sydney NSW 2001
- Email: enquiries@oaic.gov.au
- Phone: 1300 363 992 (local call charge)
Complaints to the Office of the Australian Information Commissioner or the Commonwealth Ombudsman
You may complain to either the Commonwealth Ombudsman or the OAIC about actions taken by the NDIA in relation to your request. The Ombudsman will consult with the OAIC before investigating a complaint about the handling of an FOI request.
Your complaint to the OAIC can be directed to the contact details identified above. Your complaint to the Ombudsman can be directed to:
- Phone: 1300 362 072 (local call charge)
- Email: ombudsman@ombudsman.gov.au
Your complaint should be in writing and should set out the grounds on which it is considered that the actions taken in relation to the request should be investigated