202AC

Use, transfer or disclosure of information relating to disability services or disability service providers

In force

(1)

Despite anything to the contrary in section 202AB(1), any person or body is authorised, for any purpose for or with respect to the NDIS or its implementation, to use the following information or to transfer or disclose that information to the NDIA, the NDIS Quality and Safeguards Commission, an NDIS provider or any prescribed person or body or any person or body of a prescribed class of person or body—

(a)

information about—

(i)

disability services, regulated disability services or any prescribed services;

(ii)

services provided by persons or bodies that are former disability service providers, former regulated service providers or providers that have ceased providing prescribed services;

(b)

information about the provision of disability services or regulated disability services, including information about the services any person requires, the carer of a person or any support structure of a person;

(c)

information about any persons who are or were employed or engaged for the purpose of providing disability services or regulated disability services or services under the NDIS;

(d)

information about persons who received or are receiving disability services, regulated disability services or services under an NDIS plan;

(e)

information about current and former disability service providers, regulated service providers or NDIS providers;

S. 202AC(1)(f) amended by No. 37/2021 s. 355A (as amended by No. 9/2023 s. 266(2)).

(f)

information about compliance by current and former disability service providers with the relevant standards determined by the Minister under section 97 as in force immediately before the commencement of Part 4 of the Social Services Regulation Act 2021;

(g)

information about incidents reported to the Secretary arising from the provision of disability services or regulated disability services;

(h)

information about complaints relating to disability services or regulated disability services;

(i)

information about the use of restrictive practices or compulsory treatment.

(2)

A person or body to whom information is disclosed under subsection (1) is authorised to use or transfer that information for any purpose for or with respect to the NDIS or the implementation of the NDIS.

(3)

A person or body to whom information is disclosed under subsection (1) must not use, disclose or transfer that information unless—

(a)

the person or body does so for the purpose for which the information has been disclosed to the person or body; or

(b)

the person or body is authorised by or under an Act or other law to do so.

Penalty: 20 penalty units.

S. 202AD inserted by No. 9/2023 s. 105.

Regulations

This provision refers to the regulations (prescribed person, prescribed class). Made under this Act:

Disability Regulations 2018 · under section 221

This Act’s bill:Explanatory memorandum Second reading speech

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