National

disabilityinsurance

Agency

Mr Brian O’Hart

By email foitrequest-549-22d8a84f@righttoknow.org.au

Dear Mr O’Hart

Freedom of information request No. 13/14-007

The purpose of this letter is to give you notice of my decision granting access to documents you requested under the Freedom of Information Act 1982 (FOI Act).

I—David Fintan, General Counsel and Branch Manager, Legal and Governance Branch,

National Disability Insurance Agency (NDIA)—am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to FOI requests.

Your request was:

Would you please advise the number currently employed within the NDIA and the number who are in receipt of a superannuation benefit of “no less than 15.4%” as advertised within the job description application forms throughout 2013.

Your request was received by the Department of Human Services and was transferred to the NDIA in accordance with s 16(2) of the FOI Act. You separately sent an email to

the NDIA via FOI@ndis.gov.au in substantially the same terms as this request, though it was

not stated to be a request under the FOI Act. | have treated this correspondence as

constituting a single request under the FOI Act.

The information you requested was not available in a separate written document in discrete form at the time of your request. The NDIA has produced a written document containing the information in discrete form by the use of a computer. I have treated your request as if it

were a request for access to that document in accordance with s 17 of the FOI Act. | have

identified the relevant information by consulting with the appropriate areas of the NDIA.

I have decided to grant access to the document you requested in full, and I have enclosed a copy of this document at Attachment A. I have also enclosed information about your rights of review under the FOI Act at Attachment B.

If you have any questions, please do not hesitate to contact me on (02) 6146 4378 or via email at FOI@ndis.gov.au.

Yours sincerely

David Fintan

Corporate Counsel and Branch Manager

Legal and Governance Branch

31 March 2014

GPO Box 700, Canberra ACT 2601

Telephone 1800 800 110 * Facsimile (02) 6204 5058 www.ndis.gov.au

Attachment A — NDIA staff numbers and superannuation information

The number of staff employed by the National Disability Insurance Agency as at

25 March 2014 is 443.

All 443 staff receive no less than 15.4% superannuation.

Attachment B — Your rights of review Internal review

Section 54 of the Freedom of Information Act 1982 (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 decision maker you should clearly outline the grounds upon which you consider the decision should be reviewed. Applications for internal review can be lodged in one of the following ways:

Public Law Section

Legal and Governance Branch

National Disability Insurance Agency

GPO Box 700

Canberra ACT 2601

Email: FOI@ndis.gov.au

External Review by the Australian Information Commissioner

Section 54L of the Freedom of Information Act 1982 (FOI Act) gives you the right to apply directly to the Australian Information Commissioner (AIC) to seek a review of this decision.

If you wish to have the decision reviewed by the AIC you must apply for the review, in writing or by using the online merits review form available on the AIC’s website at www.oaic.gov.au, within 60 days of receipt of this letter. To assist the AIC your application should include a copy of this decision and your contact details. You should also clearly set out why you are objecting to the decision.

You can also complain to the AIC about how an agency handled an FOI request, or other actions the agency took under the FOI Act. Applications for review or complaint can be lodged in one of the following ways:

Online: www.oaic.gov.au

Post: GPO Box 2999, Canberra ACT 2601

Fax: +61 2 9284 9666 Email: enquiries@oaic.gov.au In person: Level 3, 175 Pitt Street

Sydney, NSW 2000

For general enquiries, please call 1300 363 992 or +61 2 9284 9749 for international.

The Commonwealth Ombudsman

You can complain to the Commonwealth Ombudsman concerning action taken by an agency in the exercise of powers or the performance of functions under the FOI Act.

A complaint to the Commonwealth Ombudsman may be made orally or in writing. The

Ombudsman may be contacted for the cost of a local call from anywhere in Australia on telephone 1300 362 072.

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