Registration and standards for behaviour support practitioners
Dear NDIS Quality and Safeguards Commission,
Your Apply for Registration webpage (URL: https://www.ndiscommission.gov.au/portal...) says there is a process where behaviour support practitioners can "Apply to be an NDIS behaviour support practitioner". It says
"All ‘provisionally’ suitable NDIS behaviour support practitioners are required to complete an assessment against the Positive Behaviour Support Capability Framework."
I request, under the provisions of the Freedom of Information Act, a copy of all information held by your agency about:
1. how and why these assessment only addresses Positive Behaviour Support and why other aspects of clinical practice in behaviour science are not addressed;
2. the development of the assessment process referred to above including (but not limited to) disability sector engagement, consultation, and co-design;
3. outcomes from this assessment process including (but not limited to) the numbers (by year or quarter) of applications, successful and unsuccessful (separately) assessments, and reasons for unsuccessful applications; and
4. processes for ensuring standards and quality of behaviour support services are maintained including (but not limited to) the number (by year or quarter) of and reasons for deregistration of behaviour support providers.
Yours faithfully,
Bob Buckley
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Dear Bob
Thank you for your email received by the NDIS Quality and Safeguards Commission (NDIS Commission) on 31 August 2024 in which you requested access to documents under the Commonwealth Freedom of Information Act 1982 (FOI Act).
You have requested access to the following documents:
Documents in relation to information on NDIS Commission website (https://www.ndiscommission.gov.au/portal... "All ‘provisionally’ suitable NDIS behaviour support practitioners are required to complete an assessment against the Positive Behaviour Support Capability Framework.
1. how and why these assessment only addresses Positive Behaviour Support and why other aspects of clinical practice in behaviour science are not addressed;
2. the development of the assessment process referred to above including (but not limited to) disability sector engagement, consultation, and co-design;
3. outcomes from this assessment process including (but not limited to) the numbers (by year or quarter) of applications, successful and unsuccessful (separately) assessments, and reasons for unsuccessful applications; and
4. processes for ensuring standards and quality of behaviour support services are maintained including (but not limited to) the number (by year or quarter) of and reasons for deregistration of behaviour support providers.
Timeline
The statutory period for processing your request is 30 days commencing from the day after your request was received. The due date for a decision on access is 30 September 2024.
The 30-day period may be extended under certain conditions, for instance where documents contain information regarding third parties and consultation is required. We will advise you if this happens and of any adjustment to the request due date.
Possible third-party consultation
If consultation with third-parties is required for any documents in scope of your request, can you please advise whether you consent to be identified as the FOI applicant for the purposes of that consultation. Your consent is voluntary, however it can assist third parties to form their views on release if they can know who is requesting access to their information.
Verifying identity
Where documents contain personal information the NDIS Commission must satisfy itself that FOI applicants are entitled to access that information.
If you are seeking access to documents that contain the personal information of other individual/s, please provide a signed letter of consent from the other individual/s to establish that you are authorised to access their information.
Please note that processing of your request will continue, but the NDIS Commission will not be able to release personal information without receiving evidence of your identity, or the consent of any other individual/s that may be required.
The NSID Commission’s Privacy Collection Statement and Privacy Policy provide information about the collection and use of personal information for agency purposes. In this instance, any personal information and identity document you provide will be stored in Commission records and only be used by the FOI team to facilitate processing of your Freedom of Information request.
Removal of irrelevant information
Section 22 of the FOI Act provides for the removal of material that is not relevant to the scope of a request. Where you are not specifically seeking personal information in the scope of your request, the personal information of Commission staff below Senior Executive Service (SES) level, and the personal information of other individuals will be treated as irrelevant material and removed from the documents. We also propose to remove duplicate documents and provide the final email in any email chains.
Next steps
Can you now please respond to this email and
• provide signed consent of third parties where required,
• confirm whether you consent to be identified as the FOI applicant for the purposes of any third-party consultation that may be required, and
• confirm that you do not seek the personal information of staff below SES level and consent to the removal of duplicate documents and the provision of the final email in any email chains.
Please provide you response by COB Thursday 5 September 2024.
Please let us know if you have any questions about the FOI process or would like to discuss this email.
Kind regards,
Deepika
Freedom of Information Unit
Legal Services and Internal Integrity Division
W: www.ndiscommission.gov.au
E: [email address]
The NDIS Quality and Safeguards Commission acknowledges the traditional owners 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 both past and present.
Dear FOI (NDIS Commission),
Your latest response asks:
Can you now please respond to this email and
• provide signed consent of third parties where required,
• confirm whether you consent to be identified as the FOI applicant for the purposes of any third-party consultation that may be required, and
• confirm that you do not seek the personal information of staff below SES level and consent to the removal of duplicate documents and the provision of the final email in any email chains.
1. I have not requested intentionally any information that identifies any third parties. I requested counts, not identifying information. In any case, I expect the names of registered service provider organisations is public information; it should not require any consent.
2. I consent to being identified as the FOI applicant. This information is already available on the Right to Know website that is recording this FoI process - see https://www.righttoknow.org.au/request/r...
3. There is no direct or implied request for any personal information in the request. I give my permission to redact any personal information if it somehow is entangled with the requested information.
4. I consent to you providing single copies of any documents/information.
5. I consent to accepting final emails in an email thread/chain. I believe 4 above implies this approach.
Yours sincerely,
Bob Buckley
Thank you for emailing the NDIS Quality and Safeguards Commission.
This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.
Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.
This is an automated email. Please do not respond.
References
Visible links
1. http://www.ndiscommission.gov.au/
Dear Mr Buckley,
Please find attached FOI documents and a decision made by the NDIS Quality
and Safeguards Commission (the NDIS Commission) in relation to your
Freedom of Information (FOI) request, received by the NDIS Commission on
31 August 2024.
Should you have any queries, please contact the NDIS Commission by return
email.
Kind regards,
Freedom of Information Unit
Internal Integrity Unit | Legal Services and Internal Integrity Division
E: [1][NDIS Quality and Safeguards Commission request email] | W: [2]www.ndiscommission.gov.au