FOI Request No 47 22 23 4 Jadon Faulkner Documents for release.pdf

Section 47F
| E: xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx
www.ndiscommission.gov.au
The NDIS Quality and Safeguards Commission acknowledges the traditional owners of country throughout Australia and their
continuing connection to land, sea and community. We pay our respects to them and their cultures, and to elders both past and present.
3
PAGE003

add anything you feel is relevant. If there is anything incorrect in the application form I will probably have to make
the changes as it is a PDF document.
If possible, I would like to get this out the door by 10am. If you want to talk, call my mobile, I will make myself
available.
Section 22
for your info and review/feedback if you have time.
Regards,
Lisa
Lisa Pulko
Chief Operating Officer (COO)
I sometimes send emails after hours as it works well for me. There is no expectation that people receiving emails will
respond out of hours.
Section 47F
| E: xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx
www.ndiscommission.gov.au
The NDIS Quality and Safeguards Commission acknowledges the traditional owners of country throughout Australia and their
continuing connection to land, sea and community. We pay our respects to them and their cultures, and to elders both past and present.
3
PAGE006

IMAGE 1
PAGE010

Section 22
Section 22
2
PAGE012

I understand many of you are fielding enquiries from staff regarding the article about Comcare.
As an FYI, Tracy has asked that all future enquiries are to be directed to her office or to Lisa Pulko. I understand the
CPSU has put something out to its members which is factually incorrect. The Commissioner is looking to have it
addressed.
Thanks
Catherine
From: Section 22

Sent: Tuesday, 9 May 2023 9:37 AM
To: MYERS, Catherine <xxxxxxxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Subject: FW: Comcare Notice. [SEC=OFFICIAL]
FYI – below was Section 22
re’ the ComCare PIN status.
Cheers
Section 22
2
PAGE015

Section 22
Section 22
Section 22
3
PAGE016

Section 22
4
PAGE017

DOCUMENT 6
Section 22
From:
PULKO, Lisa
Sent:
Tuesday, 9 May 2023 10:05 AM
To:
MYERS, Catherine
Subject:
RE: Comcare Notice. [SEC=OFFICIAL]
Thanks Catherine,
Working on it now.
Lisa
From: MYERS, Catherine <xxxxxxxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Sent: Tuesday, 9 May 2023 9:44 AM
To: Section 22
PULKO, Lisa
<xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Subject: FW: Comcare Notice. [SEC=OFFICIAL]
Section 22
Just keeping the Commissioner’s office in the loop as I raised this at the ELT meeting yesterday.
We need some internal communication or key messages that we can cascade.
Thanks
Catherine
Section 22

Sent: Tuesday, 9 May 2023 9:37 AM
To: MYERS, Catherine <xxxxxxxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Subject: FW: Comcare Notice. [SEC=OFFICIAL]
FYI – below was Section 22 advice to Section 22
re’ the ComCare PIN status.
Cheers
Section 22
1
PAGE018

Section 22
Section 22
2
PAGE019

1300 366 979 | www.comcare.gov.au
NOTICE:
This e-mail message and attachments may contain confidential information. If you are not the intended recipient you should not use or disclose any
information in the message or attachments. If received in error, please notify the sender by return e-mail immediately. Comcare does not waive any
confidentiality or privilege.
 Please consider the environment before printing this email
NOTICE: This e-mail message and attachments may contain confidential, personal or legally privileged
information. If you are not the intended recipient you should not use or disclose any information in the
message or attachments. If received in error, please notify the sender by return email immediately, if
possible, or xxxxxxxxx.xxxxxxx@xxxxxxx.xxx.xx. Comcare does not waive any confidentiality or privilege.
For information about how we handle personal information, please visit www.comcare.gov.au/privacy or
contact us on 1300 366 979 and request a copy of our Privacy Policy
2
PAGE021

Finally, in response to your concerns around the difference between the issue date on the original Notice and todays
date when the Notice address has been changed, you could consider an all staff message to provide context to the
issue.
Regards
Section 22
Comcare
GPO Box 1993, Canberra, ACT 2601
1300 366 979  |  www.comcare.gov.au
NOTICE:
This e-mail message and attachments may contain confidential information. If you are not the intended recipient you should not use or disclose any
information in the message or attachments. If received in error, please notify the sender by return e-mail immediately. Comcare does not waive any
confidentiality or privilege.
 Please consider the environment before printing this email
From: PULKO, Lisa <xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Sent: Thursday, 27 April 2023 2:04 PM
To: Section 22

Cc: Section 22

Subject: RE: Comcare Improvement Notice ‐ NDIS QSC (MC00028634) [SEC=OFFICIAL]
Hi Section 22
As discussed, the Improvement Notice is addressed C/o Department of Social Services. We are a completely
separate entity and as such, the notice needs to be addressed to us. The address to use (our head office) is:
PO Box 210, Penrith NSW 2750
Additionally, could you please have a look at the following:
Section 47C/47E(d)



2
PAGE023

Section 47C/47E(d)


Section 47C/47E(d)

Section 47C/47E(d)

Section 47C/47E(d)


I am happy to discuss if any part of this is confusing or unclear. I also apologise, but I didn’t catch Section 22 last name
so I haven’t been able to copy her in.
Regards,
Lisa
Lisa Pulko
Chief Operating Officer (COO)
I sometimes send emails after hours as it works well for me. There is no expectation that people receiving emails will
respond out of hours.
Section 47F
| E: xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx
www.ndiscommission.gov.au
The NDIS Quality and Safeguards Commission acknowledges the traditional owners of country throughout Australia and their
continuing connection to land, sea and community. We pay our respects to them and their cultures, and to elders both past and present.
3
PAGE024

From: Section 22

Sent: Wednesday, 26 April 2023 4:56 PM
To: PULKO, Lisa <xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Cc: Section 22

Subject: Comcare Improvement Notice ‐ NDIS QSC (MC00028634) [SEC=OFFICIAL]
OFFICIAL
Good afternoon Lisa,
RE: Comcare Improvement Notice – NDIS QSC – MC00028634‐NT03
Thank you for your time on the phone earlier.
As discussed, please find the Improvement Notice attached (MC00028634‐NT03). This notice is issued with
directions and recommendations to assist NDIS QSC to manage the psychosocial risks of work demands.
In summary, the additional information that was provided by NDIS QSC, has not changed Senior Inspector Section 22
s reasonable belief that NDIS QSC are failing to manage the risks to workers arising from the psychosocial
hazards of work demands as per requirements of the WHS legislation.
An Improvement Notice is an administrative measure, taken on the basis of an Inspector’s reasonable belief based
on information available at a particular point in time. Its objectives are remedial and preventative.
Please note that section 210 of the WHS Act requires that a person to whom an improvement notice is issued
must, as soon as possible display a copy of the notice in a prominent place, at or near the workplace or part of the
workplace, at which work is being carried out that is affected by the notice.
I understand that you are currently at home and therefore intend to display the notice at the workplace when you
attend tomorrow morning.
Please note that Sec ion 22 has commenced leave for approximately 6 weeks, therefore in the interim I will be the point
of contact for any questions or concerns.
Regards
Section 22
Comcare
GPO Box 1993, Canberra, ACT 2601
1300 366 979  |  www.comcare.gov.au
NOTICE:
This e-mail message and attachments may contain confidential information. If you are not the intended recipient you should not use or disclose any
information in the message or attachments. If received in error, please notify the sender by return e-mail immediately. Comcare does not waive any
4
PAGE025

confidentiality or privilege.
 Please consider the environment before printing this email
NOTICE: This e-mail message and attachments may contain confidential, personal or legally privileged
information. If you are not the intended recipient you should not use or disclose any information in the
message or attachments. If received in error, please notify the sender by return email immediately, if
possible, or xxxxxxxxx.xxxxxxx@xxxxxxx.xxx.xx. Comcare does not waive any confidentiality or privilege.
For information about how we handle personal information, please visit www.comcare.gov.au/privacy or
contact us on 1300 366 979 and request a copy of our Privacy Policy
NOTICE: This e-mail message and attachments may contain confidential, personal or legally privileged
information. If you are not the intended recipient you should not use or disclose any information in the
message or attachments. If received in error, please notify the sender by return email immediately, if
possible, or xxxxxxxxx.xxxxxxx@xxxxxxx.xxx.xx. Comcare does not waive any confidentiality or privilege.
For information about how we handle personal information, please visit www.comcare.gov.au/privacy or
contact us on 1300 366 979 and request a copy of our Privacy Policy
5
PAGE026

Inspector Section 22  determined there was a sufficient basis to reasonably form a belief of a contravention of the WHS
Act and a decision was made to issue an Improvement Notice.  Inspectors are required to (in writing), briefly state,
how the provision is being, or has been, contravened.  Paragraph 4e(i) of the Improvement Notice is based on
information that was provided by NQSC on 11 April 2023. The decision was made at a point in time on the
information provided.
I acknowledge your concerns around the delay from date of issue to delivery. Please note that the WHS Act, s194
allows for the extension of time for compliance with improvement notices. An improvement notice is a mechanism
to require a person to do something, therefore Comcare expects NQSC to have an action plan / timeline before
considering any extension to the current compliance date.
The inspector’s decision to issue an improvement is reviewable under the WHS Act, Part 12. For further details
please refer to the Internal Review of Decision section on the last page of the Improvement Notice.
Finally, in response to your concerns around the difference between the issue date on the original Notice and todays
date when the Notice address has been changed, you could consider an all staff message to provide context to the
issue.
Regards
Section 22
Comcare
GPO Box 1993, Canberra, ACT 2601
1300 366 979  |  www.comcare.gov.au
NOTICE:
This e-mail message and attachments may contain confidential information. If you are not the intended recipient you should not use or disclose any
information in the message or attachments. If received in error, please notify the sender by return e-mail immediately. Comcare does not waive any
confidentiality or privilege.
 Please consider the environment before printing this email
From: PULKO, Lisa <xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Sent: Thursday, 27 April 2023 2:04 PM
Section 22
To:

Cc: Section 22

Subject: RE: Comcare Improvement Notice ‐ NDIS QSC (MC00028634) [SEC=OFFICIAL]
Hi Section 22,
As discussed, the Improvement Notice is addressed C/o Department of Social Services. We are a completely
separate entity and as such, the notice needs to be addressed to us. The address to use (our head office) is:
PO Box 210, Penrith NSW 2750
Additionally, could you please have a look at the following:
2
PAGE028

Section 47C/47E(d)




Section 47C

Section 47C

Section 47C


I am happy to discuss if any part of this is confusing or unclear. I also apologise, but I didn’t catch Section 22 s last name
so I haven’t been able to copy her in.
Regards,
Lisa
Lisa Pulko
3
PAGE029

Chief Operating Officer (COO)
I sometimes send emails after hours as it works well for me. There is no expectation that people receiving emails will
respond out of hours.
Section 47F
| E: xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx
www.ndiscommission.gov.au
The NDIS Quality and Safeguards Commission acknowledges the traditional owners of country throughout Australia and their
continuing connection to land, sea and community. We pay our respects to them and their cultures, and to elders both past and present.
From: Section 22

Sent: Wednesday, 26 April 2023 4:56 PM
To: PULKO, Lisa <xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Cc: Section 22

Subject: Comcare Improvement Notice ‐ NDIS QSC (MC00028634) [SEC=OFFICIAL]
OFFICIAL
Good afternoon Lisa,
RE: Comcare Improvement Notice – NDIS QSC – MC00028634‐NT03
Thank you for your time on the phone earlier.
As discussed, please find the Improvement Notice attached (MC00028634‐NT03). This notice is issued with
directions and recommendations to assist NDIS QSC to manage the psychosocial risks of work demands.
In summary, the additional information that was provided by NDIS QSC, has not changed Senior Inspector Section 22
reasonable belief that NDIS QSC are failing to manage the risks to workers arising from the psychosocial
hazards of work demands as per requirements of the WHS legislation.
An Improvement Notice is an administrative measure, taken on the basis of an Inspector’s reasonable belief based
on information available at a particular point in time. Its objectives are remedial and preventative.
Please note that section 210 of the WHS Act requires that a person to whom an improvement notice is issued
must, as soon as possible display a copy of the notice in a prominent place, at or near the workplace or part of the
workplace, at which work is being carried out that is affected by the notice.
I understand that you are currently at home and therefore intend to display the notice at the workplace when you
attend tomorrow morning.
Please note that Section 22 has commenced leave for approximately 6 weeks, therefore in the interim I will be the point
of contact for any questions or concerns.
Regards
Section 22
4
PAGE030

Section 22
Comcare
GPO Box 1993, Canberra, ACT 2601
1300 366 979  |  www.comcare.gov.au
NOTICE:
This e-mail message and attachments may contain confidential information. If you are not the intended recipient you should not use or disclose any
information in the message or attachments. If received in error, please notify the sender by return e-mail immediately. Comcare does not waive any
confidentiality or privilege.
 Please consider the environment before printing this email
NOTICE: This e-mail message and attachments may contain confidential, personal or legally privileged
information. If you are not the intended recipient you should not use or disclose any information in the
message or attachments. If received in error, please notify the sender by return email immediately, if
possible, or xxxxxxxxx.xxxxxxx@xxxxxxx.xxx.xx. Comcare does not waive any confidentiality or privilege.
For information about how we handle personal information, please visit www.comcare.gov.au/privacy or
contact us on 1300 366 979 and request a copy of our Privacy Policy
NOTICE: This e-mail message and attachments may contain confidential, personal or legally privileged
information. If you are not the intended recipient you should not use or disclose any information in the
message or attachments. If received in error, please notify the sender by return email immediately, if
possible, or xxxxxxxxx.xxxxxxx@xxxxxxx.xxx.xx. Comcare does not waive any confidentiality or privilege.
For information about how we handle personal information, please visit www.comcare.gov.au/privacy or
contact us on 1300 366 979 and request a copy of our Privacy Policy
5
PAGE031

Section 47C/47E(d)


Section 47C/47E(d)

Section 47C/47E(d)


Section 47C/47E(d)


I am happy to discuss if any part of this is confusing or unclear. I also apologise, but I didn’t catch Section 22 s last name
so I haven’t been able to copy her in.
Regards,
Lisa
Lisa Pulko
Chief Operating Officer (COO)
I sometimes send emails after hours as it works well for me. There is no expectation that people receiving emails will
respond out of hours.
Section 47F
| E: xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx
www.ndiscommission.gov.au
The NDIS Quality and Safeguards Commission acknowledges the traditional owners of country throughout Australia and their
continuing connection to land, sea and community. We pay our respects to them and their cultures, and to elders both past and present.
Section 22
From

Sent: Wednesday, 26 April 2023 4:56 PM
To: PULKO, Lisa <xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Cc: Section 22

Subject: Comcare Improvement Notice ‐ NDIS QSC (MC00028634) [SEC=OFFICIAL]
OFFICIAL
3
PAGE034

Good afternoon Lisa,
RE: Comcare Improvement Notice – NDIS QSC – MC00028634‐NT03
Thank you for your time on the phone earlier.
As discussed, please find the Improvement Notice attached (MC00028634‐NT03). This notice is issued with
directions and recommendations to assist NDIS QSC to manage the psychosocial risks of work demands.
In summary, the additional information that was provided by NDIS QSC, has not changed Senior Inspector Section 22
’s reasonable belief that NDIS QSC are failing to manage the risks to workers arising from the psychosocial
hazards of work demands as per requirements of the WHS legislation.
An Improvement Notice is an administrative measure, taken on the basis of an Inspector’s reasonable belief based
on information available at a particular point in time. Its objectives are remedial and preventative.
Please note that section 210 of the WHS Act requires that a person to whom an improvement notice is issued
must, as soon as possible display a copy of the notice in a prominent place, at or near the workplace or part of the
workplace, at which work is being carried out that is affected by the notice.
I understand that you are currently at home and therefore intend to display the notice at the workplace when you
attend tomorrow morning.
Please note that Sec ion 22 has commenced leave for approximately 6 weeks, therefore in the interim I will be the point
of contact for any questions or concerns.
Regards
Section 22
Comcare
GPO Box 1993, Canberra, ACT 2601
1300 366 979  |  www.comcare.gov.au
NOTICE:
This e-mail message and attachments may contain confidential information. If you are not the intended recipient you should not use or disclose any
information in the message or attachments. If received in error, please notify the sender by return e-mail immediately. Comcare does not waive any
confidentiality or privilege.
 Please consider the environment before printing this email
NOTICE: This e-mail message and attachments may contain confidential, personal or legally privileged
information. If you are not the intended recipient you should not use or disclose any information in the
message or attachments. If received in error, please notify the sender by return email immediately, if
possible, or xxxxxxxxx.xxxxxxx@xxxxxxx.xxx.xx. Comcare does not waive any confidentiality or privilege.
For information about how we handle personal information, please visit www.comcare.gov.au/privacy or
contact us on 1300 366 979 and request a copy of our Privacy Policy
NOTICE: This e-mail message and attachments may contain confidential, personal or legally privileged
information. If you are not the intended recipient you should not use or disclose any information in the
4
PAGE035

message or attachments. If received in error, please notify the sender by return email immediately, if
possible, or xxxxxxxxx.xxxxxxx@xxxxxxx.xxx.xx. Comcare does not waive any confidentiality or privilege.
For information about how we handle personal information, please visit www.comcare.gov.au/privacy or
contact us on 1300 366 979 and request a copy of our Privacy Policy
5
PAGE036

Section 22
2
PAGE040

ATTACHMENT 1
Internal Communication
Comcare Improvement Notice
Thursday 27 April 2023
The Commission acknowledges the Comcare Improvement Notice (the Notice) that was issued to
the Commission today. The Notice requires the Commission to make improvements to the
identification and management of psychosocial risks and hazards in the workplace.
The Commission made a start on improving to the way in which psychosocial hazards are identified
and managed prior to the Notice being issued. This work has been progressing over recent months
and wil continue.
Working together on hazard identification, options and solutions is a priority for the Commission.
Our Health and Safety Representatives (HSR) play an important role in ensuring fair and effective
workplace representation, consultation, cooperation and issue resolution to work health, safety and
wellbeing matters. They attend the quarterly Health and Safety Committee (HSC) meetings that are
chaired by the Complaints Commissioner.
The best way for you to stay up to date and contribute this important body of work is to engage with
your HSR. Please raise your concerns with your HSR and offer ideas on securing the health and safety
of our workforce and our workplaces. Together, we will build and implement solutions that address
psychosocial risks and hazards at the Commission.
For more information, please refer to the Work Health and Safety page on QSCNews.
Health and Safety Committee
NDIS Quality and Safeguards Commission
1
PAGE041

From: STRACHAN, Niki <xxxx.xxxxxxxx@xxxxxxxxxxxxxx.xxx.xx>
Sent: Sunday, 30 April 2023 12:48 PM
To: PULKO, Lisa <xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>; Section 22

Subject: RE: Internal Comms ‐ Comcare Improvement Notice ‐ 2023 04 27 [SEC=OFFICIAL]
Thank you Lisa
Nice job. Great value adds in here.
I take John’s point about the additional information being important, but perhaps for a future comms.
This is because this comms is about acknowledging the improvement notice, our work to action the improvements,
working with staff on the solution, next steps and where to find more information.
Perhaps we can work on a series of comms that are rolled out every two weeks to evidence our commitment to the
solution?
Section 22
can develop a comms plan to support this.
What do you think?
Warm regards
Niki
From: PULKO, Lisa <xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Sent: Friday, 28 April 2023 9:43 AM
To: STRACHAN, Niki <xxxx.xxxxxxxx@xxxxxxxxxxxxxx.xxx.xx>; Section 22

Subject: RE: Internal Comms ‐ Comcare Improvement Notice ‐ 2023 04 27 [SEC=OFFICIAL]
Hey,
I have edited a bit. Would welcome yourSection 22
, and Niki from a comms perspective.
Have also included some comments. We will need to think about comms with HSRs too, and whether we have
followed through with stuff we have on the intranet, particularly if we are directing people there.
Thanks,
Lisa
From: STRACHAN, Niki <xxxx.xxxxxxxx@xxxxxxxxxxxxxx.xxx.xx>
Sent: Thursday, 27 April 2023 9:29 PM
To: PULKO, Lisa <xxxx.xxxxx@xxxxxxxxxxxxxx.xxx.xx>
Subject: FW: Internal Comms ‐ Comcare Improvement Notice ‐ 2023 04 27 [SEC=OFFICIAL]
Hello Lisa
Attached is the the comms and the feedback from Section 22 .
Warm regards
Niki
2
PAGE048

ATTACHMENT 3
Section 22
Section 22

.
Section 22

.
Section 22

Section 22

.
NDIS Quality and Safeguards Commission
1
PAGE051

Section 22

Section 22



Section 22





Section 22

.
Section 22

NDIS Quality and Safeguards Commission
2
PAGE052

Section 22




Section 22



Does the Commission have an Improvement Notice from Comcare? Did this influence the budget
outcome?
The Commission is working closely with Comcare, as we have over an extended period. There is
currently no Improvement Notice in place.
Comcare, as a regulator, is required to make decisions without undue outside influence. It is not
appropriate for us, or any other party to seek to lobby (or otherwise influence) Comcare in order to
gain a particular outcome.
The Commonwealth budget process relies on agencies like the Commission taking forward
persuasive and well evidenced proposals. The Commission worked closely with a number of other
Commonwealth agencies, and with the Minister’s Office in order to gain agreement to the funding. I
am not aware of Comcare having any involvement in that process.
Section 22


Section 22

NDIS Quality and Safeguards Commission
3
PAGE053

ATTACHMENT 4
Colleagues,
You may have seen the recent email from the CPSU in which they advise that Comcare has issued
the NDIS Commission with an Improvement Notice. I wish to be clear, the Improvement Notice is not
currently in effect. Comcare, as a regulator, is required to make decisions without influence, and any
actions undertaken by the CPSU to lobby (or otherwise influence) an outcome are inappropriate.
The Commission has acknowledged that workloads have increased over time consistent with the
growth of the NDIS. We have worked with you collaboratively on a broad range of activities aimed at
addressing this, including business process improvements and targeted resource deployment across
our complaints and regulatory operations areas. These improvements have been, and will continue
to be, designed and implemented in close consultation with our staff and with a focus on ensuring
safeguarding and quality for NDIS participants.
I assure you, the Commission has been working to improve its workplace health and safety processes
for some time and wil continue to do so regardless of the existence (or not) of an Improvement
Notice. The CPSU’s approach to engagement with the Commission has been less than collaborative,
despite attempts by the Commission to shift the relationship to a more cooperative basis.
I would like to take this opportunity to remind you that the provision of official information to
parties outside of the Commission is inappropriate. I wil be considering what action should be taken
with regard to the current situation.
Regards
PAGE054

ATTACHMENT 5
The Commission has acknowledged that workloads have increased over time in line with growth in
the NDIS. Work is underway on a range of activities aimed at addressing this, including business
process improvements in the Complaints and Regulatory Operations areas. These improvements
have been, and wil continue to be, designed in close consultation with staff. This practice of
consultation is the focus of our approach to engaging with all stakeholders, including participants
who are at the centre of the Commission’s decision making.
The Commission acknowledges that workloads have increased over time, consistent with growth in
the NDIS. Work has been underway on a broad range of activities aimed at addressing this, including
business process improvements in the Complaints and Regulatory Operations areas. These
improvements have been, and wil continue to be, designed in close consultation with our staff. This
practice of consultation is fundamental in the Commission’s operations, and our business of
upholding the rights of NDIS participants.
NDIS Quality and Safeguards Commission
1
PAGE061