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It seems to be peak time for Commonwealth agencies calling out other Commonwealth agencies. Just a couple of months ago, the ANAO published a report into the NDIS Quality and Safeguards Commission. Now the Commonwealth Ombudsman (the Ombudsman) has released its Actions Speak report, assessing the NDIA’s progress in delivering the Participant Service Guarantee (PSG).
The PSG sets out timeframes for key NDIA decisions and principles for how the NDIA should treat participants, such as being transparent, respectful and responsive. It was introduced following the 2019 Tune Review, with the aim of making the Scheme more transparent, accountable and participant-focused. The Ombudsman began investigating the NDIA’s progress in 2020 and its latest report indicates that the NDIA still has some way to go in meeting the commitments of the PSG.
The Ombudsman's Investigations
The Ombudsman has conducted two investigations (aptly referred to as Investigations 1 & 2) into the NDIA’s implementation of the PSG, making a number of recommendations and suggestions. What is the difference between a recommendation and a suggestion you might ask? From what I can gather, recommendations generally address serious or unlawful issues in an agency’s actions or decisions, while suggestions are made for less serious issues where improvement is still needed but not to the level requiring a formal recommendation.
When the Ombudsman reviewed the NDIA’s progress in November 2024, it disagreed with the NDIA’s claim that it had fully implemented the recommendations and suggestions from Investigation 1. The Ombudsman noting that while the NDIA had made some progress, many actions were incomplete or not effectively implemented.
Investigation 1
Investigation 1 (2020–21) looked at how the NDIA was meeting timeframes, applying engagement principles and communicating progress to the public. It made 5 recommendations and 7 suggestions (note the 7 suggestions are not included in this article but can be found in the full report: Ombudsman Investigation into NDIA). Here is a summary of the Ombudsman’s assessment and the NDIA’s response.
Recommendation 1: Develop an overarching PSG implementation plan
Ombudsman finding: The NDIA didn’t have a clear, detailed plan for implementing the PSG. A one-page document provided to the Ombudsman in April 2023 outlined high level information and timelines, but lacked sufficient detail such as key deliverables, outcomes, outputs and risks.
NDIA response: The NDIA says it has since developed more detailed guidance, which it shared with the Ombudsman, acknowledging it should have done this earlier. The NDIA committed to working with the Ombudsman on a review of the PSG measures, in line with the new planning approach and legislative reforms.
Status: Partially implemented.
Recommendation 2: Track and analyse “pauses” to timeframes
Ombudsman finding: The NDIA hasn’t developed a way to track or report when timeframes are paused (for example, the 56 days to approve a plan timeframe might be paused while waiting for a report from a participant). This limits transparency and may cause confusion about when decisions will be made.
NDIA response: The NDIA says it hasn’t created a function in its system to pause the clock on PSG timeframes. The NDIA cites ICT and legislative reforms as higher priorities and says it may introduce a “pause” function as part of broader planning reforms, potentially by the end of 2026.
Status: Not implemented.
Recommendation 3: Develop a qualitative performance and reporting framework
Ombudsman finding: The NDIA has service standards to measure how it is performing against its engagement principles which are included in the Participant Service Charter. The Ombudsman found that the NDIA needed to improve how it measures and reports on these standards, which led to the creation of a 36-page PSG Qualitative Performance Management and Reporting Framework. In reviewing this document, the Ombudsman said it is unclear how the NDIA measures performance over time to indicate whether it is improving, stable or worsening and noted that quarterly reports do not indicate how data compares to previous quarters.
The Ombudsman also reported that the Participant Service Charter incorrectly states that the Ombudsman is required to prepare a report each year on the NDIA’s performance. Clarifying that they cannot operationalise this requirement from the NDIS Act because there are no rules that prescribe which matters they should report on. The Ombudsman also said the recent quarterly report results indicate that the “NDIA has room to improve.”
NDIA response: The NDIA said it will report on the engagement principles in future quarterly reports from the Q1 FY2025/26 report. The information will compare results to past quarters and include labels like ‘improvement’, ‘deterioration’ or ‘no movement’ to describe the changes. The NDIA will also update the Quarterly Report Framework to ensure information about the engagement principles is always included in quarterly reports and will start its first review of the framework in January - March 2026, followed by annual reviews.
Status: Partially implemented.
Recommendation 4: Develop a policy for publishing timeframe performance information on the NDIA website (not just in quarterly reports)
Ombudsman finding: While the NDIA has begun posting data online about whether it is meeting the PSG, the Ombudsman found that both the release process and how the data is presented could be improved.
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In May 2024 the NDIA told the Ombudsman they implemented this recommendation and gave them their Release Approach: Quarterly Report document. While this document covers how the NDIA creates and releases quarterly reports and states that it will update the NDIA’s website accordingly, the document doesn’t make clear what information will be put on the website.
NDIA response: The NDIA says it has published PSG timeframe data on its website since June 2022, which is updated after each quarterly report. Since January 2024, it has also included PSG timeframes on the pages for access and planning. However, as the NDIA’s plan doesn’t include a process for updating the PSG webpage, this plan will be updated to clarify where and how often PSG timeframe data will be published.
Status: Partially implemented.
Recommendation 5: Review quality assurance processes against engagement principles
Ombudsman finding: The Ombudsman recommended the NDIA revise its End-to-End Quality Assurance review guides so that, where possible, all service standards are rephrased as questions to better assess performance against the engagement principles. The Ombudsman asked the NDIA to look at engagement principles and service standards when it reviews case files for quality assurance. Although the NDIA updated its review guide and completed a mapping exercise in late 2024, it said many standards like empathy and respect, could not be measured through documentation and file reviews. The Ombudsman disagreed, suggesting that reviewing letters and file notes could still provide useful insights on performance, when taken into consideration alongside participant surveys.
NDIA response: The NDIA agrees it can strengthen its approach and says it will refine its QA guidance and questions by early 2026.
Status: Partially implemented.
Investigation Number 2
Investigation 2 (2023) focused on whether participants were receiving clear information about access and planning timeframes. It made 5 suggestions.
Suggestion 1: Improve information about PSG timeframes online
Ombudsman finding: The NDIA’s website content, including forms and resources don’t always provide clear information about the timeframes for the NDIA to make access and planning decisions.
NDIA response: The NDIA says it has audited all relevant web content and will include this information on the new NDIS website, which is launching in November 2025. They have also reviewed all public factsheets and forms about access and planning to confirm they refer to relevant PSG timeframes.
Status: Partially implemented.
Suggestion 2: Include clear timeframes in participant letters and documents
Ombudsman finding: Letters to participants previously lacked information about PSG timeframes, or the information that was included was presented in a confusing way. The NDIA has now updated its letter templates to include clear and accurate timeframes. The Ombudsman notes that while the letters don’t explicitly link timeframes to the PSG, just including the timeframes was enough to meet the intent of the Ombudsman’s suggestion.
NDIA response: The NDIA says this action is complete. It will continue reviewing templates regularly to ensure they remain accurate.
Status: Met the intention.
Suggestion 3: Update staff policy and guidance for phone enquiries
Ombudsman finding: NDIA Contact Centre staff lacked clear information about PSG timeframes to be able to address participant enquiries. The NDIA has produced new knowledge articles that contain the information the Ombudsman recommended.
NDIA response: The NDIA says this action is complete. It will continue reviewing internal guidance regularly to ensure it remains current.
Status: Met the intention.
Suggestion 4: Develop a policy to help staff provide progress updates
Ombudsman finding: The Ombudsman suggested the National Contact Centre have a clear policy to inform participants about the progress towards PSG decision-making timeframes. This would help staff inform participants, reduce confusion and complaints. The NDIA said it is upgrading its computer systems to support this, but the Ombudsman said there is still a lot more work to do.
NDIA response: The NDIA says while it doesn’t have a single policy, staff now have updated guidance on how to explain timeframes and delays. The computer system doesn’t currently tell staff when decisions will be made which may impact staff telling participants about decision timeframes. The NDIA’s system needs more updates to achieve this to support proactive communication.
Status: Partially implemented.
Suggestion 5: Notify participants who do not receive their first plan within the PSG timeframes
Ombudsman finding: Participants aren’t consistently told when their applications or planning decisions go over PSG timeframes. The NDIA’s new PACE system will eventually let participants track their own progress, but it’s not yet in place.
NDIA response: The NDIA says it doesn’t proactively tell participants if they don’t receive their first plan within the PSG timeframes. But it has given staff guidance about how to tell participants about delays if they ask. The NDIA says it’s focusing on digital self-service tools like the participant portal and app and will explore options such as text messages, letters or phone calls for those who don’t use these tools.
Status: Partially implemented.
What’s next?
As the latest quarterly report shows, the Agency is still a long way from truly “guaranteeing” the Participant Service Guarantee.
The Ombudsman’s report, suitably titled Actions Speak highlights that while the NDIA has taken some positive steps, meaningful improvement depends on a better participant experience. Acting Commonwealth Ombudsman Jo Mulder commended the NDIA for introducing the PSG ahead of legislation, calling it “the right thing to do,” but noted there is still “a lot more that needs to be done to fully implement the PSG decision timeframes and engagement principles.” The Ombudsman has called on the NDIA to fully implement a comprehensive PSG implementation plan, analyse pauses to timeframes, develop a qualitative performance measurement and reporting framework, create a policy for publishing timeframe performance and review its End-to-End Quality Assurance guides.
Finally, the Ombudsman criticised the NDIA for failing to provide complete or timely information during the investigation, making it difficult for the Ombudsman to assess progress. The Ombudsman is putting the Agency on notice that recent changes to the Ombudsman Act 1976 "now requires agencies like the NDIA to use their best endeavours to assist the Ombudsman’s Office do their work. We expect the NDIA to be more thorough in future when responding to requests for information.” Tut tut.
Click here for the full Ombudsman Report, Ombudsman Media Release and NDIA Acting CEO Statement on the Report.
