NDIA Accountability Project

This project is in DRAFT

NDIS — FOI 24/25-0424: Notification of Decision

‹ PrevPage 1 of 5 · Source p. 1Next ›

Freedom of Information request — Notice of Decision

Thank you for your correspondence of 1 October 2024, seeking 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 the following documents:

  • I request a list of all mortality and non-mortality exits for all current NDIS participants, including those with and without active plans, from January 2020 to the most recent available date. Please include:
    • Monthly totals of all mortality exits, broken down by state/territory, gender and age
    • Monthly totals of non-mortality exits (participants removed from the NDIS), including reasons for exit if available, broken down by state/territory, gender and age
    • Total number of NDIS participants (with and without active plans) for each month, to calculate accurate percentages.
    • Any data or reports on COVID-19 related deaths among NDIS participants.
    • Information on any changes to data collection or reporting methods during this period that might affect the interpretation of trends.*

Timeframe

A 30-day statutory period for processing your request commenced from 2 October 2024 in accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was 31 October 2024. I note this time has lapsed and as a result we are deemed to have refused your request under section 15AC of the FOI Act.

Delivered by the National Disability Insurance Agency

Decision on access to documents

Despite this, I have continued to process your application. I apologise for the delay and confirm that you retain your right to seek external review of this decision.

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.

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. We have been able to produce a document containing some of the information you requested. I have, therefore, treated your request as if it were a request for access to this document in accordance with section 17(1)(c) of the FOI Act.

I have identified 1 document, which fall 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 consulting with the Analytics, Data & Actuarial Branch, who could be expected to be able to identify documents within the scope of the request. Additional searches were undertaken with our Service Delivery branch confirming that there has been no change in the reporting methods for participant exits during the specified timeframe.

I have decided to grant access to 1 document in full.

In regard to point 4 of your request, the line area has advised that data has not been collected regarding any Covid-19 deaths of participants.

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

  • 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 published under section 93A of the FOI Act
  • consultation with relevant NDIA staff
  • 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

Cooper (CHH674) Senior Freedom of Information Officer Complaints Management & FOI Branch General Counsel Division

Attachment A

Schedule of Documents for FOI 24/25-0424

Document number Page number Description Access Decision Comments
1 1-4 Created Document As of 4 February 2025 FULL ACCESS Document created under section 17 of the FOI Act

Your review rights

As this matter was a deemed refusal, internal review of this decision is not an option. However, if you have concern with any aspect of this decision, please contact the NDIA FOI team by email foi@ndis.gov.au or by post:

  • Freedom of Information Section
    • Complaints Management & FOI Branch
      • General Counsel Division
        • National Disability Insurance Agency
          • GPO Box 700
          • CANBERRA ACT 2601

Review by the Office of the Australian Information Commissioner

The FOI Act 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:

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:

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.