Our reference: FOI 20/21-0161
GPO Box 700
Canberra ACT 2601
1800 800 110
6 October 2020
ndis.gov.au
John Smith
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear John Smith
Your Freedom of Information request — Notification of Decision
Thank you for your correspondence of 8 September 2020, 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 employment arrangements in the NDIA.
Specifically, you requested access to:
“- The number of directors at an EL2 level, employed through labour hire firms; along
with the position titles for each of those positions.
- The number of branch managers SES1 level, employed through labour hire firms;
along with the position titles for each of those positions.
- The number of SES2 level officers employed though labour hire firms; along with
the position titles for each of those positions.
- The total headcount of NDIA staff employed through labour hire firms; along with a
list of position titles for each of those positions
- A copy of the terms of agreement, and three examples of completed purchase
orders between the NDIA and its largest supplier of labour hire staff.”
Decision on access to documents
I am authorised to make decisions under the FOI Act. My decision on your request and the
reasons for my decision are set out below.
Some of the information you requested was not available in a separate written document at
the time of your request. However, we have been able to produce a document containing the
information you have requested. I have therefore treated your request as if it were a request
for access to this document in accordance with section 17 of the FOI Act.
I have identified seven documents which fall within the scope of your request.
1
The documents were identified by consulting with relevant NDIA staff who could be expected
to be able to identify documents within the scope of the request.
I have decided to grant access to these seven documents in full.
In reaching my decision, I took into account the following materials:
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; and
consultation with relevant NDIA staff.
Release of documents
The documents for release, as referred to in the Schedule of Documents at
Attachment A,
are 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 xxx@xxxx.xxx.xx
Yours sincerely
Angus Judd
Assistant Director
Parliamentary, Ministerial & FOI Branch
Government & ILC Programs Division
National Disability Insurance Agency
2
Attachment A
Schedule of Documents for FOI 20/21-0161
Document
Page
Description
Access Decision
Comments
number
number
1*
1
Number of staff EL2 and above
FULL ACCESS
employed through labour hire as of
18 September 2020.
Undated
2
2-15
Master Agreement – Digital
FULL ACCESS
Marketplace
Dated: 31.05.2019
3
16-24
Standing Offer Terms – Digital
FULL ACCESS
Marketplace
Undated
4
25-35
Digital Marketplace work order –
FULL ACCESS
Complex
Undated
5
36-45
Digital Marketplace work order –
FULL ACCESS
Simple
Undated
6
46-145
Deed of Standing Offer – Australian
FULL ACCESS
Digital Health Agency
Undated
7
146-163
Work Order – Australian Digital
FULL ACCESS
Health Agency
Undated
* Document created under section 17 of the FOI Act.
3
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
wil 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
xxx@xxxx.xxx.xx or sent by post to:
Freedom of Information Section
Parliamentary, Ministerial & FOI Branch
Government & ILC Programs 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:
Online:
www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone: 1300 363 992 (local call charge)
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 wil 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:
Phone: 1300 362 072 (local call charge)
Email:
xxxxxxxxx@xxxxxxxxx.xxx.xx
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.
4
