Information Handling Operational Guideline - Overview

1. What is the purpose of this Operational Guideline?

This Operational Guideline outlines the information handling obligations that apply to all staff, contractors and outsourced providers of the National Disability Insurance Agency (NDIA).

This Operational Guideline will also provide guidance on how persons should collect, record, use and disclose protected Agency information, as well as the information handling considerations in situations where there is a serious threat to life, health or safety.

The information in this guideline should be read in conjunction with the NDIA Privacy Policy.

2. What is the relevant legislation?

3. Principles relating to information handling

There are a number of general principles which guide all actions under the NDIS Act.

The following principle is particularly relevant to information handling:

  • people with disability should have their privacy and dignity respected (section 4(10)).

4. Overview

The NDIS Act governs the collection, recording, disclosure and use of protected Agency information by all people, including contractors, outsourced partners and others who deal with protected Agency information (i.e. not just NDIA staff).

This is because the privacy obligations and criminal sanctions in the NDIS Act apply 'to a person' who deals with protected Agency information. Therefore, references to 'NDIA staff' in this Operational Guideline extend to any person who deals with protected Agency information.

The NDIS Act allows NDIA staff to properly perform their duties. A person does not commit an offence if the person is authorised by the NDIS Act, or required by the NDIS Act, to collect, record, disclose or use protected Agency information.

The NDIA Act contains a number of criminal offences for the unauthorised collection, use, accessing and recording of protected Agency information. There are strict controls in the NDIS Act and the Privacy Act that relate to how NDIA staff collect, use, disclose and record information that identifies, or is about, a person.

This page current as of
24 February 2020
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