Our reference: FOI 24/25-0528
GPO Box 700
Canberra ACT 2601
1800 800 110
12 March 2025
ndis.gov.au
Mark Pietsch
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mark Pietsch
Freedom of Information request — Notice of Decision
Thank you for your correspondence of 2 October 2024, seeking access under the
Freedom
of Information Act 1982 (FOI Act) to documents held by the National Disability Insurance
Agency (NDIA).
I apologise for the delay in processing your request.
The purpose of this letter is to provide you with a decision on your request.
Scope of your request
You have requested access to the following documents:
“I am writing under the Freedom of Information Act 1982 to request data from both the
National Disability Insurance Agency (NDIA) and the NDIS Quality and Safeguards
Commission regarding participant critical incidents, reportable incidents, and deaths.
Specifically, I am interested in incidents from June 1, 2022, to the present, where
investigations have indicated that lack of action, duty of care failures, errors, or delays
associated with the NDIA, the Commission, as well as unmet needs associated with
mainstream state-funded services, may have contributed to these incidents.
Please provide the following:
Total numbers of participant critical incidents (PCIs), reportable incidents, and deaths:
- Include cases where investigations have noted that actions, inactions, duty of care
failures, as well as errors or delays by the NDIA or the Commission, were contributing
factors.
-Data should also indicate where instances where unmet needs associated with
mainstream state-funded services were identified as a contributing factor.
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-Please break down this data monthly.
Total numbers of participants who were waiting on:
-Equipment or Assistive Technology (AT) approval, -Section 48 reviews, -New plan
approvals, -Indicate how many of these participants died or suffered an injury while
waiting, with data also provided on a monthly basis, and the number of days waiting.”
Where the subject matter of a document is more closely connected with the functions of
another agency, section 16(3A) of the FOI Act allows for transfer of the request to the other
agency. On 4 October 2024, the NDIA Quality and Safeguards Commission (the
Commission), who received the same request from you, sought to transfer part of the
request to the NDIA.
The NDIA accepted part transfer of the request relating to participant critical incidents whilst
the portion of the request relating to reportable incidents and deaths is being managed by
the Commission.
Timeframe
A 30-day statutory period for processing your request commenced from 2 October 2024 in
accordance with section 15(5)(b) of the FOI Act. The due date for a decision on access was
1 November 2024
. I note this time has lapsed and as a result we are deemed to have
refused your request under section 15AC of the FOI Act.
Despite this, I have continued to process your application. I apologise for the delay and
confirm that you retain your right to seek external review of this decision.
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.
Section 17(1)(c) of the FOI Act provides that an agency can produce a writ en 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 some of the information you requested. I have, therefore,
treated your request as if it were a request for access to this document in accordance with
section 17(1)(c) of the FOI Act.
I have identified 1 document, which falls within the scope of your request.
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The document was created by the Actuary & Data Analytics Branch (ADA) who conducted
searches of NDIA’s systems, using all 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 documents within the scope of the request.
I have decided to grant access to 1 document in full.
In reaching my decision, I took the following into account:
• 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
• 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.
Your sincerely
Lia (LML799)
Senior Freedom of Information Officer
Complaints Management & FOI Branch
General Counsel Division
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Attachment A
Statement of Reasons - FOI Application 24-25-0528
___________________________________________________________________
Regarding points 1 and point 1a of your request, ADA have advised the NDIA does not
collect data to determine if any participant critical incidents (PCI’s):
• were contributed by the actions, inactions, duty of care failures, as well as errors or
delays by the NDIA or the Commission, nor;
• indicate instances where unmet needs associated with mainstream state-funded
services were identified as a contributing factor.
The NDIA is commit ed to the safety of participants from violence, abuse, neglect and
exploitation. When a report is made of a PCI, the NDIA immediately considers the actual or
potential risks to a participant and then determines the necessary and appropriate actions
required to respond to the report rather than determining the root or contributing cause/s.
While some of this information may be provided by the individual notifying of a PCI, and
recorded on a participant’s record, the NDIA neither collects, nor reports on these specific
data points. Accordingly, I am satisfied no document exists for points 1 and 1a of your
request.
Regarding point 2 of your request, ADA have advised that data recording the number of
participants waiting against the criteria identified in your request is not collected and
therefore does not exist.
The data that can be produced are the following categories:
• Abuse or neglect of a person with disability
• Serious injury of a person with disability
• Sexual misconduct against person with disability
• Participant threat or attempt of self-harm or suicide
• Unauthorised use of a Restrictive Practice
• Unexplained death or death that occurs in connection with the provision of NDIS
supports or services
• Unlawful sexual or physical contact/offences
• Other
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It should be noted the data is representative of reports and allegations of incidents - not
substantiated incidents. In addition, the agency can receive several reports about a single
incident from different sources (e.g. Provider and family member) this means the total
number of reports submit ed is not a direct correlation to the number of incidents that
occurred.
This information has been provided in the document for your request. It has been provided
from 1 July 2022 in line with the dates captured by NDIA Quarterly Reports. The use of <
within the table is to maintain and protect confidentiality and prevent the potential
identification of individuals which can occur if the data were combined with other available
information.
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Attachment B
Schedule of Documents for FOI 24/25-0528
Document
Page
Description
Access Decision
Comments
number
number
1
1
ADEAEO-833 FOI - 2425-0528
FULL ACCESS
Document created under
section 17 of the FOI Act
As of 18 December 2024
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Attachment C
Your review rights
As this matter was a deemed refusal, internal review of this decision is not an option.
However, if you have concern with any aspect of this decision, please contact the NDIA FOI
team by email
xxx@xxxx.xxx.xx or by post:
Freedom of Information Section
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
GPO Box 700
CANBERRA ACT 2601
Review by the Office of the Australian Information Commissioner
The FOI Act 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 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 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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