Ref: ICM22/136
Ms Karen Reynolds
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Ms Reynolds
Freedom of Information (FOI) Request No. (19) 21/22-3
1. I refer to your correspondence received by the NDIS Quality and Safeguards Commission
(the NDIS Commission) on 5 February 2022, in which you requested access under the
Freedom of Information Act 1982 (the FOI Act) to:
“…. the number of workers on the ndis screening list who have;
- died since 1st Jan, 2020 to today’s date
- died of Covid since the same date to today’s date.”
2. On 22 February 2022, you confirmed that when using the expression
“ndis screening list” you
were referring to the NDIS Worker Screening Database.
3. I am authorised to make decisions under section 23(1) of the FOI Act and my decision regarding
your request and the reasons for my decision are set out below.
Decision on access to documents
4. Section 24A(1)(b)(ii) of the FOI Act provides that an agency may ‘refuse’ a request for access to
a document where it is satisfied that the document does not, in fact, exist. That is the situation
in this case. I have therefore decided to refuse the request for access to documents under
section 24A(1)(b)(ii) of the FOI Act.
5. In reaching my decision, I have taken the following material into account:
your correspondence dated 5 February 2022 outlining the particulars of your request for
information under the FOI Act and your clarifying correspondence of 22 February 2022;
information and advice from NDIS Commission officers about whether the information
sought is held by the NDIS Commission and the searches undertaken by them to locate a
document containing that information;
the guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act.
Reasons for decision
6. An agency or Minister may refuse a request for access to a document under section 24A(1) of
the FOI Act if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
NDIS Quality and Safeguards Commission
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(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
7. I have also considered section 17 of the FOI Act which requires an agency to produce a written
document containing information that is stored electronically and not in discrete written form
where:
a. the agency could do so by using a computer or other equipment that is ordinarily
available to the agency for retrieving or collating stored information; and
b. it does not appear from the request that the applicant wishes to be provided with a
computer tape or computer disk on which the information is recorded.
8. I am satisfied that the NDIS Commission has taken all reasonable steps to determine whether
the relevant document including the requested information exists and if so, to find it. I am
satisfied that searches conducted by NDIS Commission staff have not located the information
(or documents) within the scope of your request and I am satisfied that the document does not
exist.
9. I am also satisfied based on advice of NDIS Commission staff that the NDIS Commission does
not store the information sought in your request in an electronic format and therefore the NDIS
Commission is unable to retrieve that information using a computer or other equipment for
retrieving or collating stored information to produce a written document containing the
information you seek in your request.
10. The NDIS Commission does not hold the information you are seeking and I note it is not
required to collect or store this information.
11. I have therefore decided to refuse your request for access pursuant to section 24A(1)(b)(ii) of
the FOI Act on the basis that the documents you are seeking do not exist.
Rights of review
12. I have set out your rights to seek a review of my decision at
Attachment A.
13. Should you have any enquiries concerning this matter, please contact the FOI team by email at
xxx@xxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Philip Halton
Branch Head Operations, North Central West Region
NDIS Quality and Safeguards Commission
7 March 2022
NDIS Quality and Safeguards Commission
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ATTACHMENT A
Your rights of review
Internal review
Section 54 of 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 format is required but it will help the new decision-maker if you clearly state why you
consider the decision should be reviewed. Please send your application by post or email as follows:
Post:
FOI Coordinator
NDIS Quality and Safeguards Commission
PO Box 210
PENRITH NSW 2750
Email:
xxx@xxxxxxxxxxxxxx.xxx.xx
External Review by the Australian Information Commissioner
Section 54L of the FOI Act gives you the right to apply directly to the Australian Information
Commissioner (AIC) to seek a review of this decision.
If you wish to have the decision reviewed by the AIC you must apply for the review in writing or by
using the online merits review form available on the AIC’s website
at www.oaic.gov.au, within 60
days of receipt of this letter. To assist the AIC your application should include a copy of this decision
and your contact details. You should also clearly set out why you are objecting to the decision.
You can also complain to the AIC about how an agency handled an FOI request, or other actions the
agency took under the FOI Act.
Applications for review or complaint can be lodged in one of the following ways:
Online:
www.oaic.gov.au
Post:
GPO Box 5218
SYDNEY NSW 2001
Phone: 1300 363 992 or +61 2 9284 9749 (international)
Email:
xxxxxxxxx@xxxx.xxx.xx
In person:
Level 3
175 Pitt Street
SYDNEY NSW 2000
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