Responsibility: Australian, state and territory governments
Joint Response: Accept in principle
Status: Further work required
What has been achieved to date
The NDIS Quality and Safeguards Commission (NDIS Commission) has been working in partnership with relevant state and territory agencies during 2024-25 to refresh information sharing arrangements. This work will inform a national approach to information disclosure and support the effective sharing of risk-related information to support NDIS participant safety.
As noted in recommendation 11.13, the NDIS Commission has commenced a project to support effective information sharing with Community Visitor Schemes (CVS) which will run in parallel with the Nationally Consistent Community Visitor Schemes Project being led by the Commonwealth Department of Health, Disability and Ageing.
The project aims to improve the safety and quality of NDIS supports for NDIS participants and uphold their human rights by:
- Identifying opportunities to share NDIS Commission data and information with CVS to improve the way they identify and safeguard NDIS participants.
- Working with state and territory CVS to improving the value of information provided to the NDIS Commission (from a quality, safety and human rights perspective).
The Victorian Government has strengthened information sharing arrangements under the Disability Act 2006 (Vic). The Disability Act provides for relevant persons to share information about NDIS participants collected under that Act with the NDIS Quality and Safeguards Commission for specified purposes, subject to safeguards and an offence for unauthorised disclosure. This may include information collected about NDIS participants visited by Victorian Community Visitors, NDIS participants subject to the use of authorised restrictive practices, and NDIS participants subject to compulsory treatment.
What the Disability Royal Commission said in the final report
a) The Minister for the National Disability Insurance Scheme (NDIS) should, in consultation with states and territories, amend the National Disability Insurance Scheme (Protection and Disclosure of Information—Commissioner) Rules 2018 (Cth) to include safeguarding bodies with the type of functions described in Table 10.13.3 as ‘prescribed bodies’ for the purposes of section 67A(1)(db) of the National Disability Insurance Scheme Act 2013 (Cth).
b) States and territories should introduce legislative and administrative arrangements that would allow prescribed bodies in each jurisdiction to exchange risk-related information with the NDIS Quality and Safeguards Commission, where the exchange of information will promote the safety of NDIS participants who may be at risk of experiencing violence, abuse, neglect or exploitation.
Joint Government response July 2024
The Australian Government and state and territory governments support increased and robust risk-related information sharing between safeguarding bodies in each state and territory and the NDIS Commission to facilitate the harmonious and effective oversight of services provided to people with disability.
All governments are committed to considering relevant rule or legislative changes to ensure safeguarding bodies in each jurisdiction can exchange risk-related information with the NDIS Commission. A key aspect of implementation of any legislative changes for this recommendation will be protecting personal and private information.
More recommendations
View progress on other recommendations made by the Royal Commission.