Our reference: FOI 21/22-0295
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
5 November 2021
Karen Reynolds
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Karen Reynolds
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 19 September 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).
On 15 October 2021 you agreed to provide the NDIA with an additional 17 days to process
your request for information, making 5 November 2021 the new due date to provide you with
a decision on access.
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). Specifical y, you requested access to:
“I would like to know the number of NDIS participants who have died of Covid to the last
date of advice. This involves any advice to external or internal parties that results from
cross matched data from the ndis database with the mortality database.
I would also like to know the participant mortality figures from jan [sic] 2020 to today’s
date and the comparative data from jan [sic] 2018 to September 17, 2019.”
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.
Part 1 of your request for information sought access to information relating to NDIS
participants who have passed away due to COVID-19.
I note that the NDIS Quality and Safeguards Commission is responsible updating and
reporting on such information.
This information is also updated and published daily by the Department of Health and is
accessible to the public at the fol owing link:
Coronavirus (COVID-19) case numbers and statistics | Australian Government
Department of Health
As a result, Part 1 of your request for information was not considered as part of this decision.
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Our consultations with relevant business areas have revealed the information you requested
in Part 2 of your request, which relates to comparative statistics regarding NDIS participant
mortality rates was not reported by the NDIA within the exact date range you specified.
However, we have been able to produce a document under section 17 of the FOI Act,
containing NDIS participant mortality figures on a monthly basis between January 2018 and
September 2019; and January 2020 and September 2021.
This information was identified by conducting searches of NDIA’s systems, using al
reasonable search terms that could return documents relevant to your request, and
consulting with relevant NDIA staff who could be expected to be able to identify and create
documents containing the information sought, in part.
I have decided to provide access to this document in full.
It is imperative to note in relation to the information provided to you within this document that
the quantity of participants in the Scheme has grown considerably, meaning the data
supplied does not necessarily reflect higher or lower mortality rates proportionately.
In reaching my decision, I took into account the fol owing materials:
your correspondence outlining the scope of your request
the nature and content of the documents fal ing within the scope of your request
the FOI Act
the FOI Guidelines
relevant case law concerning the operation of the FOI Act
consultation with relevant NDIA staff
factors relevant to my assessment of whether or not disclosure would be in the public
interest
the NDIA’s operating environment and functions
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 xxx@xxxx.xxx.xx.
Yours sincerely
Rafaela
A/g Assistant Director FOI
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 21/22-0295
Document
Page
Description
Access Decision
number
number
1*
1-2
Monthly statistics relating to NDIS Participant mortality rates
FULL ACCESS
between January 2018 and September 2019 and January 2020 and
September 2021.
* Document created under section 17 of the FOI Act.
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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 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 fol owing ways:
Online:
www.oaic.gov.au
Post:
GPO Box 5218, Sydney NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone:
1300 363 992 (local cal 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 cal 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.
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