FoI: NDIA website mistake

Dear Mr Buckley

Re: FOI 17/18-285

Thank you for your email.

I can confirm that the Agency has received your below Freedom of Information (FOI) request and please find attached correspondence in relation to that request.

I can also confirm that the Agency has received five other requests from you seeking information under FOI, dated between 22 May 2018 and today, and will be providing responses in due course.

Timeframe for acknowledging requests

The Freedom of Information Act 1982 (Cth) allows up to 14 days for agencies to acknowledge FOI requests. For the below request, that 14-day period ended on a Sunday, so was therefore extended to the next working day, i.e. today.

Please let us know if you require the attached document in an alternative format or have any further questions.

Kind regards


Charlotte King
Legal Branch
National Disability Insurance Agency

Phone 03 5224 5140


 NDIS delivered by the National Disability Insurance Agency



From: Bob Buckley (A4 Convenor) []
Sent: Monday, 4 June 2018 11:51 AM
To: foi <>
Subject: Fwd: Freedom of Information request: website mistake

The FOI Coordinator
National Disability Insurance Agency
GPO Box 700
Canberra ACT 2601

Dear sir/madam,

Section 15 (5)(a) of the Freedom of Information Act 1982, says:

(a) as soon as practicable but in any case not later than 14 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified that the request has been received; and

I am unaware of a notification that the FoI request below was received. Did I miss something?

yours sincerely,

Bob Buckley
Convenor, Autism Aspergers Advocacy Australia (A4)

-------- Forwarded Message --------


Freedom of Information request: website mistake


Sun, 20 May 2018 10:20:39 +1000


Bob Buckley (A4 Convenor) <>


Autism Aspergers Advocacy Australia (A4)



The FOI Coordinator
National Disability Insurance Agency
GPO Box 700
Canberra ACT 2601

Dear sir/madam,

The NDIA recently changed its website showing List A to say:

14. List A – Conditions which are likely to meet the disability requirements in section 24 of the NDIS Act

  1. Intellectual disability diagnosed and assessed as moderate, severe or profound in accordance with current DSM criteria (e.g. IQ 55 points or less and severe deficits in adaptive functioning)
  2. Autism diagnosed by a specialist multi-disciplinary team, paediatrician, psychiatrist or clinical psychologist experienced in the assessment of Pervasive Developmental Disorders, and assessed using the current Diagnostic and Statistical Manual of Mental Disorders (DSM-V) diagnostic criteria as having severity of Level 3 (Requiring very substantial support)

The soon after this became public, the Agency removed the words and first uploaded a statement that said

An incorrect document has been uploaded to this page.

but later in the evening replaced it with what may be a previous version of the web page content.

Ms Rundle from the Agency contacted autism-related organisations saying "this was an error". The CEO and Board Chair use similar words in their letter to me (see A newspaper report (see suggests that the information the Agency provided to autism advocates and interested parties may not have been accurate.

The following request, under the provisions of the Freedom of Information Act 1982,  relates to point 2 in version of List A above about "autism". Please provide all documents and records showing how and why:

  1. the Agency developed or acquired the words in point 2 above (about "Autism") that appeared temporarily on the Agency's website;
  2. these words were published (appeared) on the Agency's website;
  3. the Agency describes publication of these words as "an error";
  4. the Agency planned to change the website content including all the NDIA's plans for community consultation at the time the Agency made this "mistake"; and
  5. the NDIA decided to remove the words above after they appeared on the NDIS website.

I prefer to receive the response in electronic for, rather than any paper copy.

Please contact me via email or by telephone (on 0418 677 288) if you want further information or clarification about this request. Please contact me if you need my postal address.


Bob Buckley
Convenor, Autism Aspergers Advocacy Australia (A4)

A4 is the national grassroots organisation advocating for autistic people, their families, carers and associates. A4 is internet based so that Australians anywhere can participate.

“The first step in solving any problem is recognising there is one.” Jeff Daniels as Will McEvoy in The Newsroom.

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