Appendices

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