5 June 2023
Our reference: 2023/1250
Bertha Binderschmitt
Ema
il: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxx.xxx.xx
Dear Ms Binderschmitt,
Your FOI Request – Decision letter
I refer to your email dated 6 May 2023, making a request under the
Freedom of Information Act
1982 (
FOI Act) in the following terms:
I recently came across a concerning article published today in the Canberra Times titled
"Disability regulator put on notice by Comcare", which details the issues faced by the NDIS
Quality and Safeguards Commission in terms of workload and safety. The full article can be
accessed here: https://www.canberratimes.com.au/story/8184632/ndis-regulator-put-on-
notice-by-comcare-over-workplace-safety/
…
In light of the recent developments mentioned in the article, I would like to request the
addition of the following documents to my FOI application:
1. A copy of the issued improvement notice (PIN).
2. The email from the NDIS Quality and Safeguards Commission requesting an internal
review, including the reasons for the request.
My decision
I am authorised under section 23 of the FOI Act to make decisions in relation to your FOI request.
Comcare holds two documents (total ing 22 pages) that relate to your request. I have decided to
grant you
ful access to the documents.
A schedule of documents is at
Attachment A.
Review rights
If you are not satisfied with this decision, you are entitled to seek review. Your review rights are set
out at
Attachment B to this notice.
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Further assistance
Should you require clarification of any matter discussed in this letter, please contact me by email to
xxx@xxxxxxx.xxx.xx.
Yours sincerely,
Sam
Authorised FOI Decision-maker
Statutory Oversight Team
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ATTACHMENT A
SCHEDULE OF DOCUMENTS
2023/1250 – Bertha Binderschmit / Right to Know
Doc
Pages
Date
Description
Decision
Exemption
No.
Improvement Notice from Comcare’s Regulatory
1.
1 - 5
21 April 2023
Operations Group to the NDIS Quality and
Ful Access
N/A
Safeguards Commission
Application for Internal Review of Improvement
2.
6 – 22
1 May 2023
Ful Access
N/A
Notice, including attachments
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ATTACHMENT B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Application for review of decision
The
Freedom of Information Act 1982 (FOI Act) gives you the right to apply for a review of this
decision. Under sections 54 and 54L of the FOI Act, you can apply for a review of this decision by:
(i) an internal review officer within Comcare; or
(ii) the Information Commissioner.
Internal Review
If you apply for internal review, it will be carried out by a different decision-maker who wil make a
fresh decision on your application. An application for review must be:
•
made in writing;
•
made within 30 days of receiving this letter; and
•
sent to the postal or email address shown in this letter.
No particular form is required, but it is desirable to set out in the application the grounds upon
which you consider the decision should be reviewed.
If the internal review officer decides not to grant you access to al of the documents to which you
have requested access, you have the right to seek a review of that decision by the Information
Commissioner. You wil be further notified of your rights of review at the time you are notified of the
internal review decision.
Please note that if you apply for an internal review and a decision is not made by an internal review
officer within 30 days of receiving the application, you have the right to seek review by the
Information Commissioner for a review of the original FOI decision on the basis of a 'deemed refusal'
decision, An application for Information Commissioner review in this situation must be made within
60 days of the date when the internal review decision should have been made (provided an
extension of time has not been granted or agreed).
Information Commissioner review
You must apply in writing within 60 days of the receipt of the decision letter and you can lodge your
application in one of the fol owing ways:
Online:
www.oaic.gov.au
Post:
GPO Box 5218, Sydney NSW 2001
mail:
xxxxxxxxx@xxxx.xxx.xx
If a person has sought an internal review and no result of that review is provided within 30 days,
then the applicant may apply to the Information Commissioner to review the matter.
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An application form is available on the website a
t www.oaic.gov.au. Your application should include
a copy of the notice of the decision that you are objecting to (if one was provided), and your contact
details. You should also set out why you are objecting to the decision.
Complaints to the Information Commissioner or the Commonwealth Ombudsman
You may complain to either the Commonwealth Ombudsman or the Australian Information
Commissioner about action taken by Comcare in relation to your request. The Ombudsman wil
consult with the Australian Information Commissioner before investigating a complaint about the
handling of an FOI request.
Your enquiries to the Ombudsman can be directed to:
Phone:
1300 362 072 (local cal charge)
Email:
xxxxxxxxx@xxxxxxxxx.xxx.xx
Your enquiries to the Australian Information Commissioner can be directed to:
Phone:
1300 363 992 (local cal charge)
Email:
xxxxxxxxx@xxxx.xxx.xx
No particular form is required to make a complaint to the Ombudsman or the Australian Information
Commissioner. The request should be in writing and should set out the grounds on which it is
considered that the action taken in relation to the request should be investigated and identify
Comcare as the relevant agency.
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