NDIA Accountability Project

Mandated data collection on Long-COVID/Post COVID-19 diagnoses for NDIS participants

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Inquiry of the Capability and Culture of the National Disability Insurance Agency

Submission of - Call for Change Australia to the Joint Standing Committee on the National Disability Insurance Scheme.

The National Disability Insurance Agency (NDIA) received a Freedom of Information (FOI) request for documents related to participants with Long-COVID/Post COVID-19 as their primary or secondary disability, and other related information.

Please see attached the Agency’s response “FOI 22.23-1069 - Decision - Notification of Decision”

In summary;

1. The NDIA conducted searches and made enquiries, but could not find documents
   containing the requested information.
2. The NDIA uses version 10 of the International Classification of Diseases (ICD-10),
  which does not include Long-COVID/Post COVID-19 as a diagnosis, so there are no
   records of participants with this diagnosis. The ICD-10 does not have a code for
  COVID-19 and Long-COVID and is therefore not collecting participant and
   prospective participant data. These are the people most profoundly affected by
  COVID-19. There is no effective way to track and/or access the Government
   recorded data.
3. The NDIA stated that creating a document containing the requested information
  would require a significant and unreasonable time investment, and would
    substantially and unreasonably divert the resources of the NDIA from its other
   operations.
4. As a result, the NDIA refused the FOI request under section 24A of the FOI Act.

Tracking the data would allow the Government to inform health and policy decision makers about the types of support people with Long-COVID require. This would effectively inform future best practice in terms of the required support people with Long-COVID need and guide research into the types of support people need. The Government needs to track data of people affected by COVID-19 through social services such as Centrelink, NDIS and Medicare.

In addition to the importance of understanding the impact of COVID-19 and Long-COVID on individuals with disability, it is essential to consider the broader policy and economic implications of not having this data.

Without a clear understanding of the number of NDIS participants affected by COVID-19 and the number of people with disability who have applied to the NDIA with long-COVID, it is challenging to develop effective policies and allocate resources to support individuals with disability during and after the pandemic. This lack of data may result in inadequate services

  • and support for individuals with disability, leading to negative health and wellbeing outcomes, as well as increased costs to the health system.

Furthermore, the economic impacts of COVID-19 and long-COVID cannot be ignored. The pandemic has resulted in significant disruptions to the economy, with many individuals and businesses experiencing financial hardship. Without a clear understanding of the impact of COVID-19 on individuals with disability, it may be challenging to develop effective policies and allocate resources to support these individuals and their families. This lack of support may further exacerbate economic disparities and inequality.

In conclusion, the collection of data on the number of NDIS participants affected by COVID-19 and the number of people with disability who have applied to the NDIA with Long-COVID is crucial not only for supporting individuals with disability but also for developing effective policies and allocating resources to support the broader community and the economy as a whole.

We are asking the NDIA to be mandated to collect statistical data on all diagnoses that a participant or a prospective participant has and not just the ones that are in an ICD code because we want it to inform the NDIS and also health policy.

If the committee have any questions about the information, please contact callforchangeaustralia@gmail.com

Freedom of Information request — Notification of Decision

Our reference: FOI 22/23-1069

GPO Box 700 Canberra ACT 2601 1800 800 110 ndis.gov.au

deeply sorry, I cannot provide a response without knowing what you are referring to.

Extension of Time

On 16 January 2023, you agreed to a 14-day extension of time under section 15AA of the FOI Act, making 24 February 2023 the new date to provide you with a decision on access. On 23 February 2023, you agreed to a further 7-day extension of time under section 15AA of the FOI Act, making 3 March 2023 the final date to provide you with a decision on access.

Decision on Access to Documents

I am authorised to make decisions under section 23(1) of the FOI Act. My decision on your request and the reasons for my decision are set out below.

I have decided to refuse your request for access under section 24A of the FOI Act. The reasons for my decision are set out below.

In reaching my decision, I took the following into account:

  • your correspondence outlining the scope of your request
  • the FOI Act
  • the FOI Guidelines published under section 93A of the FOI Act
  • consultation with relevant officers of the NDIA
  • the NDIA’s operating environment and functions.

Reasons for Decision

Refuse a Request for Access (section 24A)

Section 24A of the FOI Act provides that an agency may refuse a request for access to a document if all reasonable steps have been taken to find the document and the agency is satisfied that the document cannot be found or does not exist.

I have conducted searches of the NDIA’s documents management systems and made enquiries with NDIA staff. These enquiries have revealed that the NDIA is not in possession of discrete documents containing the information you have requested.

In relation to Parts 1–3, 9 and 10 of your request, the Agency does not hold any documents matching your request. This is because the NDIA uses version 10 of the International Classification of Diseases, published by the World Health Organisation, to record the disabilities of participants in the NDIS. A list of the disabilities reported for participants in the scheme is available on the NDIS Website Data Page in the form of the Participant count by diagnosis. As “Long COVID/Post COVID-19” is not a diagnosis recorded in this system, there are no records of participants with this diagnosis as a primary or secondary disability.

In relation to Parts 4–8 and 11 of your request, the Agency holds no discrete documents describing the number of applicants who have sought access to the NDIS on the basis of having “Long COVID/Post COVID-19” or who have such a diagnosis without it being listed in the NDIA’s diagnosis records.

Section 17(1)(c) of the FOI Act provides that an agency can produce a written document containing the requested information, by the use of a computer or other equipment that is ordinarily available for retrieving or collating stored information.

Although the information sought in your request may be able to be created through the use of a computer, the relevant business area of the Agency has advised that the production of the requested information would require a significant and unreasonable time investment. To collect this information would require manually searching access applications and other supporting evidence from all participants on the scheme.

| am, therefore, satisfied that producing a document containing the information you have requested would substantially and unreasonably divert the resources of the NDIA from its other operations, and in accordance with section 17(2) of the FOI Act, the Agency is not obliged to do so.

| am satisfied that all reasonable steps have been taken to locate the documents you have requested and that the documents do not exist. | have, therefore, decided to refuse access to your request in accordance with section 24A(1)(b)(ii) of the FOI Act.

Rights of review Your rights to seek a review of my decision, or lodge a complaint, are set out at Attachment A.

Should you have any enquiries concerning this matter, please do not hesitate to contact me

by email at foi@ndis.gov.au.

Yours sincerelv

Jasper

Senior Freedom of Information Officer Parliamentary, Ministerial & FOI Branch Government Division

Attachment A

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, in 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, in 60 days of receipt of this letter.

Applications for review can be lodged with the OAIC in the following ways:

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 Division.