New process for providing information to the Disability Royal Commission

In November we wrote to you about NDIS provider information requested by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission).

Since then, the laws relating to the privacy and information protections included in the National Disability Insurance Scheme Act 2013 (NDIS Act) have been amended. Because of these amendments, the National Disability Insurance Agency (NDIA) and the NDIS Quality and Safeguards Commission (NDIS Commission) are now required to provide information, including information that was previously protected under the NDIS Act, to Royal Commissions, including the Disability Royal Commission.

This means that, in responding to any future summons, notice to produce, notice to give or other requirement under the Royal Commissions Act 1902 (Cth):

• The NDIA and the NDIS Commission will comply with the Disability Royal Commission’s requirements without following the decision-making processes that apply to protected Agency information or protected Commission information under the NDIS Act and the Rules.
• The NDIS Commission will not undertake consultation in relation to the disclosure of any personal information required by the Disability Royal Commission.

The NDIA and the NDIS Commission will not inform you about any future summons, notice or requirement that is received from the Disability Royal Commission.

If the Disability Royal Commission proposes to use or disclose information about a particular provider or former provider in its public hearings, the NDIA and the NDIS Commission expect they will operate in accordance with the usual obligations to provide procedural fairness.

Q&A

What are the specific changes?

The National Disability Insurance Scheme Amendment (Streamlined Governance) Act 2019 commenced on 10 December 2019. The amendments in Schedule 2 to that Act:

• allow a Royal Commission to compel the NDIA and the NDIS Commission to produce documents and provide information for the purposes of the Royal Commissions Act 1902; and
• require the NDIA and the NDIS Commission to disclose information in response to summonses, notices or other requirements of a Royal Commission.

What do I need to do right now?

You do not need to do anything about this. The NDIA and the NDIS Commission are letting you know about this change, as a courtesy.

More information

More information about the Disability Royal Commission is available on their website.   

More information about the NDIS Act and Rules is available on:

• the NDIS website
• the NDIS Commission website.

You are receiving this communication because you are a registered NDIS provider.