NDIS Mobile App (DB Results) - Conflict of Interest (Real & Perceived) - a Freedom of Information request to National Disability Insurance Agency

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Dear Maria

Freedom of Information request - Acknowledgement

Thank you for your request of 22 December 2021, under the Freedom of
Information Act 1982 (FOI Act) for copies of documents held by the
National Disability Insurance Agency (NDIA).

Scope of your request

You have requested access to the following documents about the National
Disability Insurance Scheme (NDIS):

“Please provide a copy of the DB Results/NDIS conflict of interest
statement and assessment.”

Unless you advise otherwise, we will take it that you agree to the names
and contact details of NDIA staff being excluded from the scope of your
request (that is, the information will be treated as irrelevant).

Processing timeframes

A 30-day statutory period for processing your request commenced from 24
December 2021, in accordance with section 15(2A)(c) of the FOI Act.

Due to the NDIA’s reduced activity period between Christmas and New Year
and the impact of the evolving COVID-19 situation affecting our agency
operations, we are seeking your agreement to extend the processing time by
an additional 14 days under section 15AA of the FOI Act. If you agree to
this extension, you can expect to receive a decision from us on or before
4 February 2021.

If you do not agree to the proposed extension of time, or you do not
provide a response to our request, we may need to seek an extension of
time with the Information Commissioner under section 15AB of the FOI Act.
Therefore, we ask that you please provide a response by 10 January 2021.

Charges

We may apply a processing charge to your request and will advise you if a
charge is payable as soon as practicable. We will not apply charges if you
are requesting your own personal information.

Disclosure Log

Please note that information released under the FOI Act may be published
on the Agency’s disclosure log located on our website, subject to certain
exceptions.

If you wish to raise any concerns about the publication of information
concerning your request, please contact us.

Further assistance

Should you have any queries about this matter, please do not hesitate to
contact us via email at [1][NDIA request email]

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.

Kind Regards

Freedom of Information Officer

Parliamentary, Ministerial & FOI Branch

Government Division

National Disability Insurance Agency

E: [2][NDIA request email]

[3]Title: NDIS delivered by the National Disability Insurance Agency

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

-----Original Message-----
From: Maria
Sent: Wednesday, 22 December 2021 4:32 PM
To: foi
Subject: Freedom of Information request - NDIS Mobile App (DB Results) -
Conflict of Interest (Real & Perceived)

Dear National Disability Insurance Agency,

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:

[4]https://www.ndis.gov.au/about-us/policie...

[5]https://www.linkedin.com/posts/national-...

DB Results appears to be the developer and contract provider for the NDIS
mobile Application:

[6]https://www.righttoknow.org.au/request/d...

[7]https://www.righttoknow.org.au/request/n...

DB Results' staff

[8]https://dbresults.com.au/who-we-are/our-...

apparently hold senior/executive roles at the NDIS, such as the Director
Solutions Architecture [9]https://www.linkedin.com/in/rallas/

Whom appears to be publicly celebrating awards from their CEO at DB
Results:

[10]https://www.linkedin.com/posts/rallas_th...

while seemingly a full time employee/contractor at the NDIS.

This seems to be a significant, real conflict of interest

The Australian Public Service Commission states:

5.1.1 The public is entitled to have confidence in the integrity of their
public officials, and to know that an Australian Public Service (APS)
employee's personal interests do not conflict with his or her public
duties.

5.1.2 The APS Code of Conduct (the Code) requires employees to take
reasonable steps to avoid any conflict of interest, real or apparent, in
connection with their employment.

5.1.3 A real conflict of interest occurs where there is a conflict between
the public duty and personal interests of an employee that improperly
influences the employee in the performance of his or her duties.

5.1.4 An apparent conflict of interest occurs where it appears that an
employee's personal interests could improperly influence the performance
of his or her duties but this is not in fact the case.

5.1.5 The appearance of a conflict can be just as damaging to public
confidence in public administration as a conflict which gives rise to a
concern based on objective facts.

[11]https://www.apsc.gov.au/publication/aps-...

Yours faithfully,

Maria

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[12][FOI #8223 email]

Is [13][NDIA request email] the wrong address for Freedom of Information
requests to National Disability Insurance Agency? If so, please contact us
using this form:

[14]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[15]https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
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Dear Maria

We refer to the below correspondence, sent earlier today, which contained
the incorrect dates.

The updated acknowledgement, with correct dates, now follows.

We apologise for the inconvenience and look forward to your response by 10
January 2022.

Freedom of Information request - Acknowledgement

Thank you for your request of 22 December 2021, under the Freedom of
Information Act 1982 (FOI Act) for copies of documents held by the
National Disability Insurance Agency (NDIA).

Scope of your request

You have requested access to the following documents about the National
Disability Insurance Scheme (NDIS):

“Please provide a copy of the DB Results/NDIS conflict of interest
statement and assessment.”

Unless you advise otherwise, we will take it that you agree to the names
and contact details of NDIA staff being excluded from the scope of your
request (that is, the information will be treated as irrelevant).

Processing timeframes

A 30-day statutory period for processing your request commenced from 24
December 2021, in accordance with section 15(2A)(c) of the FOI Act.

Due to the NDIA’s reduced activity period between Christmas and New Year
and the impact of the evolving COVID-19 situation affecting our agency
operations, we are seeking your agreement to extend the processing time by
an additional 14 days under section 15AA of the FOI Act. If you agree to
this extension, you can expect to receive a decision from us on or before
4 February 2022.

If you do not agree to the proposed extension of time, or you do not
provide a response to our request, we may need to seek an extension of
time with the Information Commissioner under section 15AB of the FOI Act.
Therefore, we ask that you please provide a response by 10 January 2022.

Charges

We may apply a processing charge to your request and will advise you if a
charge is payable as soon as practicable. We will not apply charges if you
are requesting your own personal information.

Disclosure Log

Please note that information released under the FOI Act may be published
on the Agency’s disclosure log located on our website, subject to certain
exceptions.

If you wish to raise any concerns about the publication of information
concerning your request, please contact us.

Further assistance

Should you have any queries about this matter, please do not hesitate to
contact us via email at [1][NDIA request email]

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.

Kind Regards

Freedom of Information Officer

Parliamentary, Ministerial & FOI Branch

Government Division

National Disability Insurance Agency

E: [2][NDIA request email]

[3]Title: NDIS delivered by the National Disability Insurance Agency

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

-----Original Message-----
From: Maria
Sent: Wednesday, 22 December 2021 4:32 PM
To: foi
Subject: Freedom of Information request - NDIS Mobile App (DB Results) -
Conflict of Interest (Real & Perceived)

Dear National Disability Insurance Agency,

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:

[4]https://www.ndis.gov.au/about-us/policie...

[5]https://www.linkedin.com/posts/national-...

DB Results appears to be the developer and contract provider for the NDIS
mobile Application:

[6]https://www.righttoknow.org.au/request/d...

[7]https://www.righttoknow.org.au/request/n...

DB Results' staff

[8]https://dbresults.com.au/who-we-are/our-...

apparently hold senior/executive roles at the NDIS, such as the Director
Solutions Architecture [9]https://www.linkedin.com/in/rallas/

Whom appears to be publicly celebrating awards from their CEO at DB
Results:

[10]https://www.linkedin.com/posts/rallas_th...

while seemingly a full time employee/contractor at the NDIS.

This seems to be a significant, real conflict of interest

The Australian Public Service Commission states:

5.1.1 The public is entitled to have confidence in the integrity of their
public officials, and to know that an Australian Public Service (APS)
employee's personal interests do not conflict with his or her public
duties.

5.1.2 The APS Code of Conduct (the Code) requires employees to take
reasonable steps to avoid any conflict of interest, real or apparent, in
connection with their employment.

5.1.3 A real conflict of interest occurs where there is a conflict between
the public duty and personal interests of an employee that improperly
influences the employee in the performance of his or her duties.

5.1.4 An apparent conflict of interest occurs where it appears that an
employee's personal interests could improperly influence the performance
of his or her duties but this is not in fact the case.

5.1.5 The appearance of a conflict can be just as damaging to public
confidence in public administration as a conflict which gives rise to a
concern based on objective facts.

[11]https://www.apsc.gov.au/publication/aps-...

Yours faithfully,

Maria

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[12][FOI #8223 email]

Is [13][NDIA request email] the wrong address for Freedom of Information
requests to National Disability Insurance Agency? If so, please contact us
using this form:

[14]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[15]https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

From: foi <[16][NDIA request email]>
Sent: Thursday, 6 January 2022 3:26 PM
To: '[FOI #8223 email]'
<[17][FOI #8223 email]>
Cc: foi <[18][NDIA request email]>
Subject: FOI 21/22-0749 - Communication - Acknowledgement - Response
Required [SEC=OFFICIAL]

Dear Maria

Freedom of Information request - Acknowledgement

Thank you for your request of 22 December 2021, under the Freedom of
Information Act 1982 (FOI Act) for copies of documents held by the
National Disability Insurance Agency (NDIA).

Scope of your request

You have requested access to the following documents about the National
Disability Insurance Scheme (NDIS):

“Please provide a copy of the DB Results/NDIS conflict of interest
statement and assessment.”

Unless you advise otherwise, we will take it that you agree to the names
and contact details of NDIA staff being excluded from the scope of your
request (that is, the information will be treated as irrelevant).

Processing timeframes

A 30-day statutory period for processing your request commenced from 24
December 2021, in accordance with section 15(2A)(c) of the FOI Act.

Due to the NDIA’s reduced activity period between Christmas and New Year
and the impact of the evolving COVID-19 situation affecting our agency
operations, we are seeking your agreement to extend the processing time by
an additional 14 days under section 15AA of the FOI Act. If you agree to
this extension, you can expect to receive a decision from us on or before
4 February 2021.

If you do not agree to the proposed extension of time, or you do not
provide a response to our request, we may need to seek an extension of
time with the Information Commissioner under section 15AB of the FOI Act.
Therefore, we ask that you please provide a response by 10 January 2021.

Charges

We may apply a processing charge to your request and will advise you if a
charge is payable as soon as practicable. We will not apply charges if you
are requesting your own personal information.

Disclosure Log

Please note that information released under the FOI Act may be published
on the Agency’s disclosure log located on our website, subject to certain
exceptions.

If you wish to raise any concerns about the publication of information
concerning your request, please contact us.

Further assistance

Should you have any queries about this matter, please do not hesitate to
contact us via email at [19][NDIA request email]

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.

Kind Regards

Freedom of Information Officer

Parliamentary, Ministerial & FOI Branch

Government Division

National Disability Insurance Agency

E: [20][NDIA request email]

[21]Title: NDIS delivered by the National Disability Insurance Agency

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

-----Original Message-----
From: Maria
Sent: Wednesday, 22 December 2021 4:32 PM
To: foi
Subject: Freedom of Information request - NDIS Mobile App (DB Results) -
Conflict of Interest (Real & Perceived)

Dear National Disability Insurance Agency,

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:

[22]https://www.ndis.gov.au/about-us/policie...

[23]https://www.linkedin.com/posts/national-...

DB Results appears to be the developer and contract provider for the NDIS
mobile Application:

[24]https://www.righttoknow.org.au/request/d...

[25]https://www.righttoknow.org.au/request/n...

DB Results' staff

[26]https://dbresults.com.au/who-we-are/our-...

apparently hold senior/executive roles at the NDIS, such as the Director
Solutions Architecture [27]https://www.linkedin.com/in/rallas/

Whom appears to be publicly celebrating awards from their CEO at DB
Results:

[28]https://www.linkedin.com/posts/rallas_th...

while seemingly a full time employee/contractor at the NDIS.

This seems to be a significant, real conflict of interest

The Australian Public Service Commission states:

5.1.1 The public is entitled to have confidence in the integrity of their
public officials, and to know that an Australian Public Service (APS)
employee's personal interests do not conflict with his or her public
duties.

5.1.2 The APS Code of Conduct (the Code) requires employees to take
reasonable steps to avoid any conflict of interest, real or apparent, in
connection with their employment.

5.1.3 A real conflict of interest occurs where there is a conflict between
the public duty and personal interests of an employee that improperly
influences the employee in the performance of his or her duties.

5.1.4 An apparent conflict of interest occurs where it appears that an
employee's personal interests could improperly influence the performance
of his or her duties but this is not in fact the case.

5.1.5 The appearance of a conflict can be just as damaging to public
confidence in public administration as a conflict which gives rise to a
concern based on objective facts.

[29]https://www.apsc.gov.au/publication/aps-...

Yours faithfully,

Maria

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[30][FOI #8223 email]

Is [31][NDIA request email] the wrong address for Freedom of Information
requests to National Disability Insurance Agency? If so, please contact us
using this form:

[32]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[33]https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************

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Dear Maria

Please see attached correspondence.

Regards

[1][IMG] Irene Nicolaou | Director

Investigations and Compliance
Freedom of information
Regulatory Group

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW
2001 | [2]oaic.gov.au

[3][email address]
[4][IMG] | [5][IMG] | [6][IMG] | [7]Subscribe to OAICnet
newsletter

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error, we apologise for any inconvenience and request that you notify
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with any attachments.
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If you do so, please include this problem report. You can
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Dear Maria

Thank you for your request for information.

Please find attached correspondence in relation to your request. If you
require these in a different format, please let us know.

Please contact us at [1][NDIA request email] if you have any questions or
require help.

Thank you

Kind regards

Freedom of Information Officer
Parliamentary, Ministerial & FOI Branch

Government Division

National Disability Insurance Agency

E [2][NDIA request email]
[3]Title: NDIS delivered by the National Disability Insurance Agency

The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.

**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************

References

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2. mailto:[NDIA request email]

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NDIS Mobile App (DB Results) - Conflict of Interest (Real & Perceived)

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