Appendix 1: NDIA staffing statistics
Table 10: NDIA staff by employment type and level 2016-17
| Staff | Headcount 2016-17 |
FTE 2016-17 |
| Total | 1,950 | 1,865.03 |
| Ongoing | 1,453 | 1,394.21 |
| Non-ongoing | 489 | 470.82 |
| Irregular, intermittent, casual | 8 | 0 |
| 43 | 43 | |
| EL 1 and 2 equivalent* | 321 | 314.34 |
| 1–6 equivalent* | 1,586 | 1,507.69 |
*Classifications based on substantive positions, at 30 June 2017
Table 11: NDIA staff by substantive classification (headcount), 2015-16 and 2016-17
| Total | 1,118 | 378 | 1496 | 1,453 | 497 | 1,950 |
| Classification | 2015-16 | 2016-17 | ||||
| Ongoing | Non-ongoing | Total | Ongoing | Non-ongoing | Total | |
| 1 | 0 | 4 | 4 | 4 | 4 | |
| 2 | 5 | 11 | 16 | 4 | 4 | 8 |
| 3 | 47 | 85 | 132 | 49 | 56 | 105 |
| 4 | 152 | 124 | 276 | 268 | 177 | 445 |
| 5 | 295 | 88 | 383 | 387 | 125 | 512 |
| 6 | 338 | 25 | 363 | 450 | 62 | 512 |
| EL 1 | 160 | 21 | 181 | 168 | 42 | 210 |
| EL 2 | 84 | 13 | 97 | 93 | 18 | 111 |
| Band 1 | 23 | 6 | 29 | 27 | 7 | 34 |
| Band 2 | 11 | 0 | 11 | 7 | 1 | 8 |
| Band 3 | 3 | 1 | 4 | 1 | 1 | |
*2015-16 figures do not include irregular, intermittent and casual staff.
Table 12: NDIA staff attributes, 2015-16 and 2016-17
| Staff | 2015-16 | 2016-17 |
| Average age | 42 | 43 |
| Average length of service in Agency (months) | 15 | 20 |
| Female (per cent) | 74 | 74 |
| Male (per cent) | 26 | 26 |
| Part-time (per cent) | 15 | 14 |
Table 13: NDIA employees who identify as Aboriginal and Torres Strait Islander, 2015‑16 and 2016-17
| Total | 29 | 53 |
| Staff identifying as Aboriginal and Torres Strait Islander | 2015-16 (headcount) | 2016-17 (headcount) |
| Non-ongoing part-time | 0 | 0 |
| Non-ongoing full-time | 12 | 10 |
| Ongoing part-time | 1 | 2 |
| Ongoing full-time | 16 | 41 |
Appendix 2: Board members’ positions, terms and meetings attended 2016-17
Table 14: Board members’ positions, terms and meetings attended 2016-17
| Name | Position | Date of appointment / re-appointment |
Term expiry | Meetings eligible to attend 2016-17 | Meetings attended 2016-17 |
| Dr Helen Nugent | Chairman (current) | 1 January 2017 | 31 December 2019 | 5 | 5 |
| Ms Sandra Birkensleigh | Member | 1 January 2017 | 31 December 2019 | 5 | 4 |
| Professor Rhonda Galbally | Member | 1 July 2013 & 1 July 2017 | 30 June 2020 | 9 | 9 |
| Mr Glenn Keys | Member | 1 July 2013 & 1 July 2017 | 30 June 2020 | 9 | 9 |
| Ms Robyn Kruk | Member | 1 January 2017 | 31 December 2019 | 5 | 5 |
| Mr John Langoulant | Member | 1 January 2017 | 31 December 2019 | 5 | 5 |
| Mr Martin Laverty | Member | 1 July 2013 & 1 July 2017 | 30 June 2020 | 9 | 8 |
| Mr James (Jim) Minto | Member | 1 January 2017 | 31 December 2019 | 5 | 5 |
| Mr Paul O’Sullivan | Member | 1 January 2017 | 31 December 2019 | 5 | 4 |
| Ms Estelle Pearson | Member | 1 January 2017 | 31 December 2019 | 5 | 3 |
| Ms Andrea Staines | Member | 1 January 2017 | 31 December 2019 | 5 | 4 |
| Mr John Walsh | Member | 1 July 2013 & 1 July 2017 | 30 June 2020 | 9 | 9 |
| Mr Bruce Bonyhady | Former Chair | 1 July 2013 | 31 December 2016 | 4 | 4 |
| Ms Fiona Payne | Former Member | 1 July 2013 | 31 December 2016 | 4 | 4 |
| Ms Geraldine Harwood | Former Member | 1 July 2013 | 31 December 2016 | 4 | 4 |
| Mr John Hill PSM | Former Member | 1 July 2013 | 31 December 2016 | 4 | 4 |
Appendix 3: Administrative Appeals Tribunal () reviews and decisions 2016-17
Table 15: reviews 2016-17
| Matter | Decision under review | Decision |
| JQJT and National Disability Insurance Agency [2016] A 478 (6 July 2016) | Determining level 1 transport funding for applicant. |
The decided to vary the decision of the Agency. |
| McGarrigle and National Disability Insurance Agency [2016] A 498 (15 July 2016) | Funding the full costs of transport to attend ADE and Day Program. | The decided to affirm the decision of the Agency to fund 75% of applicant’s transport costs. |
| KLMN and National Disability Insurance Agency 2016/1118 (21-22 November 2016) | Funding for supports including additional transport funding and home and safety security modifications. | The has reserved their decision (at 30 June 2017). |
| YPRM and National Disability Insurance Agency [2016] A 1023 (14 December 2016) | Whether applicant’s Type 1 diabetes meets access requirements of the NDIS Act. |
The decided to affirm the Agency’s decision to decline access. |
| Kilgallin and National Disability Insurance Agency [2017] A 186 (19 January 2017) | Whether the applicant met the access requirement of substantially reduced functional capacity. | The decided to affirm the Agency’s decision to decline access. |
| Christopher NAIRN 2016/6791 (28 February 2017) | Funding for an increase in supported accommodation. |
The decided that they have jurisdiction to review the Agency’s decision not to review the applicant’s plan (s 48(2)) but it does not have jurisdiction to actually review the applicant’s participant’s plan (s 48(4)) or to approve a statement of supports (s 33((2)). Application dependent on Federal Court decision. |
| Young and National Disability Insurance Agency [2017] A 407 (31 March 2017) |
Funding for motor vehicle modifications. | The decided to affirm the Agency’s decision to not fund the support. |
| PERERA and National Disability Insurance Agency 2017/1712 (17 March 2017) |
Whether applicant meets residency requirements for access. | affirmed decision of the Agency to decline access. |
| King and National Disability Insurance Agency [2017] A 643 (4 May 2017) |
Funding for additional 20 hours of physiotherapy for massage and gym membership. |
The decided to vary the Agency’s decision. |
Appendix 4: Summary of incidents pursuant to section 38 of the Work Health and Safety Act 2011 (WHS Act)
Table 16: Summary of incidents pursuant to section 38 of the WHS Act, 2016-17
| Action | Number |
| Death of a person that required notice to Comcare under s 35 | 0 |
| Serious injury or illness of a person that required notification to Comcare under s 35 | 4 |
| Dangerous incident that required notification to Comcare under s 35 | 4 |
| Investigation conducted under Part 10 | 0 |
| Notice given to NDIA under s 90 (provisional improvement notice) | 0 |
| Notice given to NDIA under s 191 (improvement notice) | 0 |
| Notice given to NDIA under s 195 (prohibition notices) | 0 |
| Directions given to NDIA under s 198 (non-disturbance) | 0 |
The Agency’s workers’ compensation premium for 2017-18 is $1.64 million compared to $2.56 million in 2016-17.
Appendix 5: Enabling Legislation
The Scheme operates under the National Disability Insurance Scheme Act 2013 (NDIS Act). The NDIS Act (in conjunction with other laws) gives effect to Australia’s obligations under the United Nations () Convention on the Rights of Persons with Disabilities, and its objectives include:
- supporting people with disability to pursue their goals and maximise their independence and social and economic participation;
- developing the capacity of people with disability to participate in the community and in employment;
- providing reasonable and necessary supports, including early intervention supports, for participants;
- supporting people with disability to exercise choice and control in pursuit of their goals and in the planning and delivery of their supports;
- building a sustainable Scheme that is based on insurance principles; and
- raising community awareness about the social and economic participation of people with disability and acting to increase their inclusion in the mainstream of Australian society.
The NDIS Act establishes the Agency, which has statutory responsibility for delivering the Scheme. The functions and powers of the Agency are also prescribed by the NDIS Act.
The NDIS Act was amended by the Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 on 5 March 2016, as well as the National Disability Insurance Scheme Amendment Act 2016 on 4 May 2016.
The Agency is overseen by a Board, and is accountable as a corporate Commonwealth entity under the Public Governance, Performance and Accountability Act 2013 ( Act). The Board is responsible for ensuring the proper, efficient and effective performance of the Agency functions, and for determining the objectives, strategies and policies to be followed by the Agency.
Appendix 6: Compliance with Carer Recognition Act 2010
Table 17: Compliance with Carer Recognition Act 2010
| Requirement of the Carer Recognition Act 2010 | Response |
| Ensure that employees and agents have an awareness and understanding of the Statement for Australia’s Carers. | The Agency promotes staff awareness and understanding of the principles contained within the Carers Recognition Act and the Statement through online tools and resources, including guides on the support available to employees with caring responsibilities and also those who support people with caring responsibilities. |
| Ensure internal human resources programs have due regard to the Statement for Australia’s Carers. | The Agency complies through the NDIA Enterprise Agreement 2016–19 as well as internal policies. Employees with caring responsibilities are supported through access to personal leave, flexible working arrangements, part-time work, home-based work and the Employee Assistance Program. |
| Ensure the Agency, its employees and agents take action to reflect the principles of the Statement for Australia’s Carers in developing, implementing, providing or evaluating care supports. | Carers are included in the planning process, and are recognised in participant plans through the informal care sections of plans. The role of carers is recognised by the Agency as an important factor in developing participant plans. Participant plans are developed with a focus on capacity building and social and economic inclusion for participants. At the request of the person they care for, carers can help with goal setting, assessment and the planning process. Carers can include a carer statement as part of the participant’s plan development, and this statement is recorded in the plan. Increasing the capacity of the community to help people with disability, and increasing the social and economic participation of people with disability, improves the situation of carers. The NDIA’s Quality Framework allows feedback from carers to inform improvements to the way the Scheme supports their needs. |
| Ensure that carers, or bodies that represent carers, are consulted when developing or evaluating care supports. | The Agency continues to maintain an ongoing relationship with Carers Australia. The Agency held a variety of information sessions and consultation forums that have included carers and their representatives, such as Participant and Provider Pathway Review workshops that commenced in April 2017. |
Compliance index (17BE and 17BF of PGPA Rule 2014)
Table 18: National Disability Insurance Scheme Act 2013
| Reference | Requirement | Notes | Page |
| 172(2)(a) | Ministerial directions | No directions issued | NA |
| 172(2)(b) | Ministerial statements | Ministerial Statements | 126 |
| 172(2)(c) | Participant and funding information and analysis |
Performance Report
Scheme sustainability and financial performance |
102 154 |
| 172(3) | Requirements in legislative instruments relating to paragraph 172(2)(c) |
No legislative instrument made | NA |
| 172(4)(a) | Scheme Actuary’s report | Scheme sustainability and financial performance | 152 |
| 172(4)(b) | Reviewing Actuary’s report | Scheme sustainability and financial performance | 158 |
Table 19: PGPA Corporate Commonwealth Entity Rule 2014
| Reference | Requirement | Notes | Page |
| 17BB | Approval by directors | Letter of transmittal | II |
| 17BC | Compliance with the guidelines for presenting documents to the Parliament | All | |
| 17BD | Plain English and clear design | Visit the NDIS website for as Easy English version of the Annual Report | All |
| 17BE(a) 17BE(b) |
Enabling legislation, objectives, purposes and functions |
Enabling legislation
Performance report About the NDIS |
217
102 12 |
| 17BE(c) | Responsible Minister | Responsible Minister | 124 |
| 17BE(d) | Ministerial directions | Governance arrangements | NA |
| 17BE(e) 17BE(f) |
Government policy orders | No Government policy orders issued | NA |
| 17BE(g) | Annual performance statements | Performance report | 102 |
| 17BE(h) 17BE(i) |
Instances of non-compliance to finance law | No instances of non-compliance | NA |
| 17BE(j) 17BE(i) |
Information about directors | Agency Board
Board Members Executive Management Group Agency Governance Structure Executive team |
126
127 135 136 137 |
| 17BE(k) 17BE(l) |
Organisational structure and locations of major activities and facilities | Organisational structure
Property |
86
145 |
| 17BE(m) | Statement on governance | Governance | 124 |
| 17BE(n) 17BE(o) | Related entity transactions | Agency Board
Related party disclosures |
124 192 |
| 17BE(p) | Significant activities and changes | Introduction | 6 |
| 17BE(q) | Judicial and administrative tribunal decisions | Reportable items | 141 |
| 17BE(r) | Reports made about the Agency | Reportable items | 142 |
| 17BE(s) | Obtaining information from subsidiaries | The Agency has no subsidiaries | NA |
| 17BE(t) | Indemnities and insurance premiums for officers |
Indemnities and insurance | 151 |
| 17BE(u) | Index of annual report requirements | Compliance index | 218 |
Table 20: Work Health and Safety Act 2011
| Reference | Requirement | Notes | Page |
| 4(1) 4(2) |
Work health and safety (see also Work Health and Safety Act 2011, Schedule 2) |
Work health and safety
Summary of incidents pursuant to section 38 of the Act |
147
215 |
Table 21: Environment Protection and Biodiversity Conservation Act 1999
| Reference | Requirement | Notes | Page |
| 516A | Ecologically sustainable development and environmental performance |
Ecological and sustainable development | 146 |
Table 22: Commonwealth Electoral Act 1918
| Reference | Requirement | Notes | Page |
| 311A | Advertising and Market Research | Advertising and market research | 149 |
Table 23: Freedom of Information Act 1982
| Reference | Requirement | Notes | Page |
| 8 | Information Publication Scheme Statement | Freedom of information | 144 |
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