FOI 24/25-1473 DOCUMENT 4

Applicant consent to apply

SGP KP Publishing

Exported on 2025-04-02 04:53:12

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SGP KP Publishing – Applicant consent to apply

Table of Contents

1 Recent updates …………………………………………………………………………………………………….. 4

2 Before you start …………………………………………………………………………………………………….. 5

3 Who can act on behalf of an NDIS applicant?…………………………………………………………

4 Applicant representative role and responsibility……………………………………………………..

5 Applicant representative evidence …………………………………………………………………………. 8

6 Next steps …………………………………………………………………………………………………..———— 9

Table of Contents – 2

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SGP KP Publishing – Applicant consent to apply

This article provides guidance for all NDIA staff and partners to understand:

• who can act on behalf of an NDIS applicant
• the role and responsibility of an applicant’s representative
• what evidence an applicant needs to provide to have someone act on their behalf.

For participant consent in non-applying situations, use article [Check consent, nominee, child representative, or self-representation authorities].

Recent updates – 3

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SGP KP Publishing – Applicant consent to apply

1 Recent updates

3 October 2024

Linked article title updated from ‘How to complete the access request case form’ to ‘Complete form in the access request case.’

Guidance updated to improve accessibility and consistency with related articles.

Recent updates – 4

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2 Before you start

You have read and understood:

• Who can help you apply? in Our Guideline – Applying to the NDIS (external).
• article Understand consent requirements
• article Complete form in the access request case

Before you start – 5

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SGP KP Publishing – Applicant consent to apply

3 Who can act on behalf of an NDIS applicant?

If an applicant wants someone to act on their behalf to apply for the NDIS, you need their consent. An applicant can choose who they want to act on their behalf. This could include a:

• family member, friend, or carer
• support worker or service provider
• residential aged care facility staff member
• treating health professional or hospital staff.

The person making the application must be the applicant, their authorised representative, or a representative who has consent to act on their behalf.

If an applicant is younger than 18, parental responsibility applies. This is usually the applicant’s parents or legal guardian or someone else who has parental responsibility.

For an adult applicant, the representative can be a:

• person the applicant has given consent to act as their representative
• guardian
• person with power of attorney who can make personal and health decisions for the applicant
• person with an active advance care health directive.

Who can act on behalf of an NDIS applicant? – 6

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SGP KP Publishing – Applicant consent to apply

4 Applicant representative role and responsibility

When an applicant gives consent for another person or organisation to act on their behalf, they can decide:

• who is the authorised person
• in what capacity they can act
• for how long the person or organisation can act on their behalf (ongoing or a set timeframe).

For example, the applicant wants someone to help them apply for the NDIS. This means that the selected person or organisation only has permission to act on their behalf while applying for the NDIS.

Applicant representative role and responsibility – 7

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5 Applicant representative evidence

If an applicant consents for a representative to act on their behalf, you must get proof that the applicant gave consent freely.

Evidence can be:

• consent for a third party to act on your behalf
• documentation to show the applicant’s legal guardian
• documentation to show the applicant’s current power of attorney and power type.

Applicant representative evidence – 8

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6 Next steps

To record consent, continue to follow guidance in article [Complete form in the access request case].

Next steps – 9

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