LEX ID 3393
Bob Buckley
By email: foi+request‐11826‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Buckley,
Freedom of Information Request No. (24) ‐ 24/25 ‐ (1)
Notice of Decision on Access under the Freedom of Information Act 1982 (Cth)
I refer to your email received by the NDIS Quality and Safeguards Commission (
Commission) on 2
August 2024, in which you requested access under the
Freedom of Information Act 1982 (Cth)
(
FOI Act) to:
“Documents relating to the paper published on NDIS Quality and Safeguards Commission
website ‐ Behaviour Support Plan Quality: Summary results to December 2021 dated
16/8/2022:
1. the development and disposition on this reports (including but not limited to
information about why the report cannot now be found on the Commission's
website),
2. actions and outcomes resulting from the report, including but not limited to
strategies, policies and programs to improve the quality and implementation of
behaviour support plans for NDIS participants ... and outcomes of those strategies,
policies and programs, and
3.
communication with people and entities outside the Commission about the report
and the consequent strategies, policies and programs.”
I am an officer authorised under section 23 of the FOI Act to make decisions regarding access to
documents and this letter sets out my reasons for decision on access to documents in scope of your
request.
Decision
The Commission has located
15 documents, comprised of
136 pages, that fall within the scope of
your freedom of information (
FOI) request.
I have decided to grant
full access to all 15 documents. The documents are set out in the Schedule of
Documents at Attachment A to this decision. I am refusing access to paragraph three,
communication with people and entities outside the Commission about the report and the
consequent strategies, policies and programs of your request on the grounds that documents do not
exist.
The table at Attachment A summarise my decision as it applies to the documents covered by your
request.
T 1800 035 544
PO Box 210
E
Penrith NSW 2750
contactcentre@ndiscommissio
www.ndiscommission.gov.au
n.gov.au
In reching my decision I have relied on the following material:
the terms of your FOI request
the FOI Act
the guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (FOI Guidelines).
Reasons for Decision
Section 24A – Requests may be refused if documents do not exist
Section 24A relevantly provides that:
1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document, and
2) the agency or Minister is satisfied that the document:
…..
ii. does not exist.
The NDIS Commission Practice Quality Division conducted searches for documents relevant to the
scope of your request, we were not able to locate any documents related to paragraph three of your
request because the feedback and consultation on the publications and strategies are mostly
conducted with selected participant and provider organisations, with the details of consultations
outlined in the acknowledgement sections of each published documents.
The NDIS Commission’s Practice Quality Division also regularly consults with members of the Senior
Practitioners Practice Leadership Group that includes representatives from State and Territory
authorisation bodies and the National Disability Insurance Agency.
In relation to the first paragraph of your request “Behaviour Support Plan Quality: Summary results
to December 2021 dated 16/8/2022” is still available on our website under tab “Understanding
behaviour support and restrictive practices ‐ for providers” and the heading, Quality of Behaviour
Support Plans (BSPs) – results of a national audit.
Regarding the second paragraph of your request, several strategies and publications on the NDIS
Commission website related to improving quality and supports are also available on our website. The
documents are copies sourced from our website, with the exception of Documents 6, 8 and 12,
which are not publicly available online.
All other documents you have requested are publicly available, and I have provided direct links to
these documents in the attached Table A for your convenience.
FOI Disclosure Log
In accordance with the requirements of section 11C of the FOI Act, the Commission is required to
publish details of information released under the FOI Act, subject to certain exemptions.
2
I am satisfied that none of the exceptions at section 11C apply and that details of the document
disclosed to you as part of your FOI request will be published on the Commission’s FOI disclosure
log.
For further information about the Commission’s FOI disclosure log please refer to our website.
YOUR REVIEW RIGHTS
If you are dissatisfied with my decision, you may apply for internal review or Information
Commissioner review of the decision. We encourage you to seek internal review as a first step as it
may provide a more rapid resolution of your concerns.
Internal Review
Under section 54 of the FOI Act, you may apply in writing to NDIS Commission for an internal review
of my decision by another NDIS Commission officer. The internal review application must be made
within 30 days of the date of this letter. The request should be addressed to
xxx@xxxxxxxxxxxxxx.xxx.xx. Where possible please attach reasons why you believe review of the
decision is necessary.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to
review my decision. An application for review by the Information Commissioner must be made in
writing within 60 days of the date of this letter, and be lodged in one of the following ways:
Online: Using the OAIC smartform
Email: xxxxx@xxxx.xxx.xx
Post: GPO Box 5288 Sydney NSW 2001
More information about Information Commissioner review is available on the website of the Office
of the Australian Information Commissioner.
FOI Complaints If you are unhappy with the way we have handled your FOI request, please let us know what we
could have done better. We may be able to rectify the problem. If you are not satisfied with our
response, you can make a complaint to the Australian Information Commissioner. A complaint to the
Information Commissioner must be made in writing. Complaints can be lodged in one of the
following ways:
Online: Using the OAIC smartform
Email: xxxxx@xxxx.xxx.xx
Post: GPO Box 5288 Sydney 2001
More information about complaints is available on the Office of the Australian Information
Commissioner website.
If you are not sure whether to lodge an Information Commissioner review or an Information
Commissioner complaint, the website of the Office of the Australian Information Commissioner has
more information.
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Contact
If you wish to discuss my decision, please contact the FOI Team on email at
xxx@xxxxxxxxxxxxxx.xxx.xx
Yours sincerely,
Deepika Thimapuram
Assistant Director – Freedom of Information
Legal and Internal Integrity Division
NDIS Quality and Safeguards Commission
30 August 2024
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LEX ID 3393
FOI Request No. (24) ‐ 24/25 ‐ (1)
FOI Decision
SCHEDULE OF DOCUMENTS
Doc
Pages
Date
Description
Decision / Exemption
No.
1
1‐8
16 August
Behavioural Support Plan Quality
Full access
2022
Behaviour Support Plan Quality Public
Paper (ndiscommission.gov.au)
2
9‐19
July 2023
Position Statement: Practices that
Full access
present a high risk of harm to NDIS
participants (July 2023)
Position Statement
(ndiscommission.gov.au)
3
20‐33
July 2023
Evidence‐Informed Practice
Full access
Guide (July 2023)
Evidence Informed Practice Guide
(ndiscommission.gov.au)
4
34‐39
July 2023
Interim and Comprehensive BSP
Full access
Checklists (July 2023)
Interim Behaviour Support Plan Checklist
(ndiscommission.gov.au)
5
40‐41
October 2023 Publication of Policy Guidance:
Full access
Developing Behaviour Support Plans
(October 2023)
Document template ‐ portrait layout
(ndiscommission.gov.au)
6
42‐45
October 2023 Publication of Regulated Restrictive
Full access
Practices (RRP) Summary and Protocols
(October 2023)
7
46‐75
July 2023
BSP Template Review Summary of
Full access
Findings July 2023
Behaviour Support Plan Template Review
(ndiscommission.gov.au)
8
76‐90
December
Comprehensive Behaviour Support Plan
Full access
2023
9
91‐94
January 2024 Publication of Participant Fact Sheet –
Full access
What to expect if your provider uses
restrictive practices [Plain English and
Easy Read] (January 2024)
Participant fact sheet 6: What to expect if
your NDIS provider uses Restrictive
Practices (ndiscommission.gov.au)
10
95‐113
May 2024
Publication of Easy Read: High risk
Full access
practices (May 2024)
What are high‐risk practices?
(ndiscommission.gov.au)
6
11
114‐
July 2024
Publication of Policy Guidance: Working
Full access
116
within your knowledge, skills, and
experience (July 2024)
Document template ‐ portrait layout
(ndiscommission.gov.au)
12
117‐
January 2024 Interim and Comprehensive V3
Full access
129
13
130‐
December
Policy Guidance: The safe reduction and
Full access
131
2023
elimination of regulated restrictive
practices
Document template ‐ portrait layout
(ndiscommission.gov.au)
14
132‐
July 2024
Publication of Policy Guidance: Working
Full access
134
within your knowledge, skills, and
experience (July 2024)
Document template ‐ portrait layout
(ndiscommission.gov.au)
15
135‐
November
Policy Guidance: Developing Behaviour
Full access
136
2023
Support Plans (November 2023)
Document template ‐ portrait layout
(ndiscommission.gov.au)
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