Understand consent requirements | FOI document library

FOI 24/25-1473 DOCUMENT 52

SGP KP Publishing

Exported on 2025-04-03 02:52:51

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FOI 24/25-1473

SGP KP Publishing – Understand consent requirements

1 Recent updates …………………………………………………………………………………………………….. 4 2 Before you start …………………………………………………………………………………………………….. 5 3 Consent we need when someone applies to the NDIS ……………………………………………. 6 4 Who can give this consent? …………………………………………………………………………………… 7 5 How to get consent ……………………………………………………………………………………………….. 8 5.1 Consent to apply to the NDIS ………………………………………………………………………………… 8 5.2 How to get other types of consent ……………………………………………………………………… 8 6 What happens if we can’t get consent from the person? ………………………………………… 9 6.1 Supported decision-making ……………………………………………………………………… 9 6.2 Representative decision-making ……………………………………………………………………… 9 7 Next steps …………………………………………………………………………………………………………… 10

Table of Contents – 2

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

the consent you need when someone applies to the NDIS
who can give consent
how you get consent from the person
what happens if you can’t get consent from the person.

This article is for NDIS applicants. For participant consent guidance, go to article Understand the articles to use for the Manage Authorised Representative case.

Recent updates – 3

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1 Recent updates

03 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 Our Guideline – Your privacy and information (external) and Our Guideline – Applying to the NDIS (external)
received a request to apply for the NDIS
followed guidance in articles How to apply for the NDIS in PACE and Complete the form in the access request case

Before you start – 5

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Consent is when you give permission for something. For example, a person might give consent for someone:

to collect and share information
to do things on their behalf.

When a person applies for the NDIS, you need to ask for their consent to:

apply for the NDIS
collect information from other people or organisations
share information with other people or organisations
use Centrelink information to check an applicant’s age and residence
check identity documents.

A person may not be able to give written or verbal consent. Talk to your team leader or local partner in the community to explore an accessible way to give consent.

A person can take away consent at any time. They can do this by mail, email, in person or over the phone.

If an applicant wants someone to act on their behalf, you need to ask for this consent. Go to article Applicant consent to apply for more information.

Consent we need when someone applies to the NDIS – 6

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You must get this consent from the right person. Who can give consent will depend on the person’s situation.

You must always check the identity of the person giving consent. Go to article Understand how to verify identity documents.

You might need to ask for consent from:

an applicant: The person who is applying for the NDIS.
an authorised representative: A person who has authority to act on behalf of the applicant.
a child representative: A person with parental responsibility or who has authority to act on behalf of a child
a legal appointed representative, such as a guardian.

You need to record the person’s consent. This can be either:

receiving a completed and signed consent form
updating PACE with the person’s verbal consent.

For more information on consent, go to Our Guideline – Your privacy and information (external) and Our Guideline – Child representatives (external).

Who can give this consent? – 7

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A person can give you consent to apply to the NDIS in different ways, including:

giving verbal consent
signing an Access Request form. Electronic and written signatures are both acceptable.

If they can’t give written or verbal consent, you must help them explore accessible ways to give consent.

Without this consent, you can’t accept the application.

Consent to apply to the NDIS is one type of consent. There are other types of consent you’ll need to get during the access request process.

For guidance on getting other types of consent, go to articles:

Applicant consent to collect information
Applicant consent to share information
Consent to use Centrelink information
Consent to act on applicant behalf

You may also need to get consent to check identity documents. For guidance on this go to articles:

Understand how to verify identity documents
Understand the document verification service
Consent to use document verification service.

How to get consent – 8

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person?

6.1 Supported decision-making

An applicant should be supported to act on their own behalf, even if they need assistance to make decisions. Refer to article Applicant consent to apply.

6.2 Representative decision-making

To have someone make decisions for an applicant, including making an NDIS application, should only ever occur as a last option.

You’ll only pursue this option if a person applying to the NDIS:

can’t make their own decisions, even with support
doesn’t have an authorised representative
doesn’t have informal supports to interpret their preferences and best interests
has no capacity to express their consent for another person to act on their behalf.

In this process, you’ll need to:

confirm that the person has no capacity to consent, using evidence on their record
confirm that there’s no legally authorised representative
identify an alternative representative
log an internal note to record the person’s situation using article Log an activity or internal note
email your team leader to escalate to your Director for a decision.

What happens if we can’t get consent from the person? – 9

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7 Next steps

This will depend on the applicant’s situation.

If you receive a request to share information or for a third party to act on behalf of the applicant:

go to article Record consent to share information or for a third party to act.

If you receive an NDIS application:

go to article Understand NDIS applicant requirements.

You may need to escalate a decision about an applicant with no capacity to consent. In this situation, you’ll receive an outcome of approved or not approved.

If the outcome is approved you can appoint an alternative representative and accept the NDIS application.

If the outcome is not approved, you can’t appoint an alternative representative, or accept the NDIS application.

if the outcome is ‘approved’ go to article Record consent to share information or for a third party to act
if the outcome is ‘not approved’ go to article Check consent, nominee, child representative or self-representation authorities.

To record an applicant’s consent:

return to article Complete form in access request case.

Next steps – 10

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