Our reference: FOI 20/21-0628

                                                   GPO Box 700
                                                                          Canberra ACT 2601
                                                                     1800 800 110

29 April 2021 ndis.gov.au

Ms O By email: foi+request-7221-7b056632@righttoknow.org.au

Dear Ms O

Freedom of Information request — Request consultation process

Thank you for your correspondence of 14 April 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).

Scope of your request You have requested access to documents about the National Disability Insurance Scheme (NDIS). Specifically, you requested access to:

“…I have noticed that the cost of care for people with severe disabilities is extremely high just to get their basic needs met. Why do this demographic need to go through a number of levels within the NDIA for approval of their plans and plan reviews when their level of disability indicates a high cost care already? Is it the total cost of their supports or the percentage increase that requires another level of approval?

Has any research been conducted regarding the impact of these delays on the person’s quality of life and longer term functioning after each delay in receiving adequate funding? Have death rates of people with disability that were not adequately funded been recorded or suicide rates of peoplw [sic] with disability or their carers? I know of 2 mothers (carers) in the last 18 months who killed themselves during plan reviews.

Why do people with severe disability experience extensive delays in hearing their outcomes of plan reviews NDIA when they are the most vulnerable of the disability community? Is it because they cant [sic] complainant [sic]? Have there been any changes between 1 June 2016 until 1 April 2021 to address the concerns I have raised?

Practical refusal

I am authorised to make decisions under the FOI Act.

I am writing to advise that your request does not provide enough information about the documents you are seeking access to, and in its current form is likely to result in a substantial and unreasonable diversion of resources. This is called a ‘practical refusal reason’ under section 24AA of the FOI Act.

On this basis, I intend to refuse your request. However, before I make a final decision, I am writing to provide you with an opportunity to revise your request. This is called a ‘request consultation process’ as set out under section 24AB of the FOI Act. You have 14 days to respond to this notice in one of the ways set out below.

Why I intend to refuse your request

Your request does not satisfy section 15(2)(b) of the FOI Act, as the terms of your request are too broad and we are unable to identify the specific documents that you seek.

Request consultation process

You now have an opportunity to revise your request to enable it to proceed.

Revising your request can mean narrowing the scope of the request to make it more manageable or explaining in more detail the documents you wish to access. For example, by providing more specific information about exactly what documents you are interested in, the NDIA will be able to pinpoint the documents more quickly and avoid using excessive resources to process documents you are not interested in.

You have 14 days from the date you receive this letter to contact me and do one of the following:

a. withdraw your request;

b. make a revised request; or

c. indicate that you do not wish to revise the request.

During this period, you are welcome to seek assistance to revise your request. If you revise your request in a way that adequately addresses the practical refusal reason outlined above, we will recommence processing it.

Please note that the time taken to consult with you regarding the scope of your request is not taken into account for the purposes of the timeframe for processing your request.

You can contact me by email at foi@ndis.gov.au

Alternatively, you can reply in writing to the following address:

Freedom of Information Section Parliamentary, Ministerial & FOI Branch Government Division National Disability Insurance Agency GPO Box 700 CANBERRA ACT 2601

If you do not contact me within this period, that is by 13 May 2021, your FOI request will be taken to have been withdrawn under subsection 24AB(7) and will not be dealt with any further.

Please do not hesitate to contact me if you have any questions.

Yours sincerely

Ausilia Woodhead Assistant Director Parliamentary, Ministerial & FOI Branch Government Division