We sometimes need to get your personal information from other people. For example, we might need to ask a healthcare service or residential care facility for your information.
We won’t do this without your agreement, unless one of a few exceptions applies. When you, your child representative or nominee agree for us to ask other people for your information, we call this consent.
If you give us consent, it can mean we create your new plan sooner. Or it can help us to make sure your plan includes the support you need.
How can you give us consent?
You, your child representative or nominee can tell us in writing, in person or over the phone that you consent. We can accept consent both written and verbal with the use of a translation service. If you tell us in person or on the phone, we’ll write it down to record your consent.
We have a consent form you can use to give us your consent, to share your information. But you don’t have to use the form as long as you provide the information we need.
If you consent for us to ask other people for information, we’ll check:
- you understand what you’re agreeing to and why
- you know which people or organisations we’ll talk to or share your information with
- that no one is pressuring you to agree
- what information you consent for us to get from other people.
You can choose how long you consent for us to ask other people for information. For example, you can choose to consent for just one time only, or for any time we need to ask for information in the future.
You can also take away your consent at any time. You can let us know by post, email, in person, over the phone or web chat that you no longer consent.
When do other people need to give us information about participants by law?
The law says that sometimes other people must give us certain information about participants, or people applying to the NDIS, when we request it. If we do need to ask for certain information and the law applies, we don’t need your consent.
This means that other people will need to give us this information we need about you. This is if we ask for it and have good reason to believe they have the information.
If we ask someone else for this information about you, we’ll let them know in writing:
- what information they need to give us
- how they can give it to us
- when they need to give it to us – we’ll tell them at least 14 days before.
We may also ask the person to meet with us and answer questions about your information. We’ll write to them at least 14 days before to let them know when and where to meet us.
It can be against the law if they don’t give us the information we ask for. Unless they have a reasonable excuse not to give it to us. For example, they might have a reasonable excuse if this information might make them look guilty of a crime.
The law says there are penalties if they don’t respond when we ask them for this information.
What information may other people need to give us about participants when required by law?
The information we might need from other people could include what they know about:
- if you’re eligible for the NDIS, or you’re still eligible
- if another person is allowed to make decisions for you
- information to help us create or review your plan
- how you’re using your supports
- if you’re using your funding according to your plan
- if you get any other disability supports outside the NDIS
- our statutory functions , including things that help us make decisions or do our job as a government Agency
- if you get supports or funding through a statutory compensation scheme, or a care or support scheme. A statutory scheme is set up by government through legislation. For example, there may be a statutory compensation scheme in your state or territory for workers’ compensation or transport accidents.