An NDIS participant interacts with many state and territory government agencies in their day-to-day life. Sometimes, the quality of service those agencies provide is enhanced by knowing more about the disability-specific supports funded in a participant’s plan.

State and territory government agencies regularly request information from the National Disability Insurance Agency (NDIA), including information about NDIS participants and prospective participants.

To clarify the process for requesting this information, the NDIA has introduced an Information Sharing Protocol. 

The NDIA has also made it easier to access the improved NDIS participant consent forms

The two forms replace the Consent to Exchange Information form, and separate two types of consent. The aim is to make it clearer what type of consent the participant has given.

State and territory agencies must obtain a participant’s current and express consent each time they request information from the NDIA.

The NDIA can only release information in accordance with legislative requirements, including the National Disability Insurance Scheme Act 2013 (NDIS Act) and Privacy Act 1988 (Cth).

A state or territory agency usually obtains express consent from the participant for the NDIA to release protected information about that individual. 

In limited circumstances permitted by law, the NDIA can release information to a state or territory agency without a participant’s consent. The state or territory agency must explain why they have not been able to reasonably obtain consent.

All requests for protected participant information are assessed on a case-by-case basis. 

Examples of when a state or territory government may request information without a participant’s consent:

  • Police are trying to locate a missing person, who is also an NDIS participant. The police make a request to the NDIA to disclose information in the participant’s plan which might assist their search.
  • The parents of a child in contact with state or territory youth justice cannot be contacted. A child protection investigation is opened and the child protection agency makes a request to the NDIA to find out if the child is an NDIS participant, so that they can support the child to access their supports.
  • A person admitted to a public hospital does not have capacity to provide consent and does not have a known authorised representative. The hospital staff make a request to the NDIA to find out if the person is an NDIS participant, so that they can support the person to use their plan and plan for discharge.

To understand more about how the NDIA can share information with states and territories, refer to the Information Sharing Protocol. 

This page current as of
2 June 2020
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