Our reference: FOI 21/22-0749
GPO Box 700
Canberra ACT 2601
1800 800 110
4 February 2022
ndis.gov.au
Maria
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Maria
Freedom of Information request — Notification of Decision
Thank you for your correspondence of 22 December 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).
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:
“…Please provide a copy of the DB Results/NDIS conflict of interest statement and
assessment.
I understand the NDIS Mobile application has just been launched:
https://www.ndis.gov.au/about-us/policies/ndis-mobile-application
https://www.linkedin.com/posts/national-disability-insurance-agency_are-you-a-self-
managed-participant-we-activity-6875313242131058688-QzfO
DB Results appears to be the developer and contract provider for the NDIS mobile
Application:
https://www.righttoknow.org.au/request/db_results_rft_submission_tender
https://www.righttoknow.org.au/request/ndias_project_risk_management_po
DB Results' staff
https://dbresults.com.au/who-we-are/our-people/rallas-buttriss/
apparently hold senior/executive roles at the NDIS, such as the Director Solutions
Architecture https://www.linkedin.com/in/rallas/
Whom appears to be publicly celebrating awards from their CEO at DB Results:
https://www.linkedin.com/posts/rallas_thankyou-gratitude-bestplacetowork2021-activity-
6872058032688369664-pAB5
while seemingly a full time employee/contractor at the NDIS.
This seems to be a significant, real conflict of interest
On 27 January 2022, the Office of the Australian Information Commissioner (OAIC) provided
the NDIA with an additional 14 days to process your request for information under section
15AB of the FOI Act, making 4 February 2022 the new due date to provide you a decision on
access.
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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.
I have decided to refuse your request for access under section 24A of the FOI Act on the
basis that all reasonable steps have been taken to locate the documents you have
requested and I am satisfied that they do not exist.
In reaching my decision, I took into account:
your correspondence outing the particulars of your request
the FOI Act
the FOI Guidelines published under section 93A of the FOI Act
relevant case law and decisions concerning the operation of the FOI Act, and
consultation with relevant officers of the NDIA.
Reasons for decision
Refuse a request for access (section 24A)
Section 24A of the FOI Act provides that an agency may refuse a request for access to a
document if all reasonable steps have been taken to find the document and the agency is
satisfied that the document cannot be found or does not exist.
Relevant line areas have conducted searches of the NDIA’s documents management
systems and I have made enquiries with NDIA staff who could be able to identify documents
relevant to your request.
These enquiries have revealed that the NDIA is not in possession of documents matching
the scope of your request. This is because there is no conflict of interest statement and
assessment between DB Results and the NDIA. In accordance with the NDIA’s current
Conflict of Interest Policy, employees from DB Results were not involved in the procurement
of the NDIS Mobile App and as such, there was no requirement for them to complete conflict
of interest forms.
I am satisfied that all reasonable steps have been taken to locate the documents you have
requested and that the documents do not exist. I have therefore decided to refuse access to
your request in accordance with section 24A(1)(b)(ii) of the FOI Act.
Rights of review
Your rights to seek a review of my decision, or lodge a complaint, are set out at
Attachment A.
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
Parliamentary, Ministerial & FOI Branch
Government Division
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Attachment A
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 Division.
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