Our reference: FOI 21/22-0803
GPO Box 700
Canberra ACT 2601
1800 800 110
ndis.gov.au
11 February 2022
Karen Reynolds
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Karen Reynolds
Freedom of Information request — Notification of Decision
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.
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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 xxx@xxxx.xxx.xx. Yours sincerely
Kylie Senior Freedom of Information Officer
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
Schedule of Documents for FOI 21/22-0803
Document
Page
Description
Access Decision
number
number
Data relating to NDIS plan Budgets
FULL ACCESS
1*
1-3
and Scheme exits
* 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
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
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 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 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:
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
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