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Freedom of Information request — Notification of Decision

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Freedom of Information request — Notification of Decision

Our reference: FOI 21/22-0803

GPO Box 700 Canberra ACT 2601 1800 800 110

dis.gov.au

11 February 2022

Karen Reynolds By email: foi+request-8298-d947ca0b@righttoknow.org.au

Dear Karen Reynolds

Thank you for your correspondence of 13 January 2022, 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:

“…I would like any documents or updates that relate to the number of NDIS participants who have died of COVID.

I would also like an update to this data -

https://www.righttoknow.org.au/request/7876/response/23052/attach/4/FOI%2021.22 %200295%20Decision%20Document%20Final.pdf?cookie_passthrough=1 - I would like the same comparable data for the months of October 2021, November 2021 and to the date of receipt for January 2021 (all mortality exits).

If you could break this down by state…”

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.

The first part of your request seeks access to the number of NDIS participants who have died of COVID-19. This information is publicly available, and accessible at the following link: https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-health-alert/coronavirus-covid-19-case-numbers-and-statistics#cases-in-national-disability-insurance-scheme-ndis-services.

Accordingly, I have not considered this part of your request in my decision.

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 the information you have requested in the second part of your request. I have, therefore, treated this part of 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 decided to grant access to this document in full.

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

  • 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.

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

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

Schedule of Documents for FOI 21/22-0803

Document Page Description Access Decision
1* 1-3 Data relating to NDIS plan Budgets and Scheme exits FULL ACCESS
  • Document created under section 17 of the FOI Act.

Attachment B

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