NDIA Accountability Project

This project is in DRAFT

Freedom of Information request — Notification of Decision

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Our reference: FOI 21/22-0749

                                                        GPO Box 700
                                                                                 Canberra ACT 2601

4 February 2022 1800 800 110 ndis.gov.au Maria By email: foi+request-8223-b8ccf05d@righttoknow.org.au

Dear Maria

Freedom of Information request — Notification of Decision

Thank you for your correspondence of 22 December 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).

The purpose of this letter is to provide you with a decision on your request.

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

“…Please provide a copy of the DB Results/NDIS conflict of interest statement and assessment.

I understand the NDIS Mobile application has just been launched:

https://www.ndis.gov.au/about-us/policies/ndis-mobile-application https://www.linkedin.com/posts/national-disability-insurance-agency_are-you-a-self- managed-participant-we-activity-6875313242131058688-QzfO

DB Results appears to be the developer and contract provider for the NDIS mobile Application: https://www.righttoknow.org.au/request/db_results_rft_submission_tender https://www.righttoknow.org.au/request/ndias_project_risk_management_po

DB Results’ staff https://dbresults.com.au/who-we-are/our-people/rallas-buttriss/

apparently hold senior/executive roles at the NDIS, such as the Director Solutions Architecture https://www.linkedin.com/in/rallas/

Whom appears to be publicly celebrating awards from their CEO at DB Results: https://www.linkedin.com/posts/rallas_thankyou-gratitude-bestplacetowork2021-activity- 6872058032688369664-pAB5

while seemingly a full time employee/contractor at the NDIS.

This seems to be a significant, real conflict of interest

On 27 January 2022, the Office of the Australian Information Commissioner (OAIC) provided the NDIA with an additional 14 days to process your request for information under section 15AB of the FOI Act, making 4 February 2022 the new due date to provide you a decision on access.

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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 on the basis that all reasonable steps have been taken to locate the documents you have requested and I am satisfied that they do not exist.

In reaching my decision, I took into account:

  • your correspondence outing the particulars of your request
  • the FOI Act
  • the FOI Guidelines published under section 93A of the FOI Act
  • relevant case law and decisions concerning the operation of the FOI Act, and
  • consultation with relevant officers of the NDIA.

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.

Relevant line areas have conducted searches of the NDIA’s documents management systems and I have made enquiries with NDIA staff who could be able to identify documents relevant to your request.

These enquiries have revealed that the NDIA is not in possession of documents matching the scope of your request. This is because there is no conflict of interest statement and assessment between DB Results and the NDIA. In accordance with the NDIA’s current Conflict of Interest Policy, employees from DB Results were not involved in the procurement of the NDIS Mobile App and as such, there was no requirement for them to complete conflict of interest forms.

I am satisfied that all reasonable steps have been taken to locate the documents you have requested and that the documents do not exist. I 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 sincerely

Rafaela A/g Assistant Director 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, within 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, 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 Division.