Document ID: chunk:federal_register_of_legislation:F2021C00306:schedule:1:p1
Version: federal_register_of_legislation:F2021C00306
Segment Type: schedule
Provision Reference: sch 1 (pt 1/17)
Character Range: 3352–6691

Schedule 1—List of State and Territory laws in relation to the Commission
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history

Preamble
    (1) The National Disability Insurance Scheme (NDIS) represents a fundamental change to how supports for people with disability are funded and delivered across Australia.  The NDIS was designed to produce major benefits for people with disability, their families and the broader community.
    (2) The NDIS Quality and Safeguards Commission is responsible for a range of functions under the National Quality and Safeguarding Framework aimed at protecting and preventing harm to people with disability in the NDIS market. The Commission will build the capability of NDIS participants and providers to uphold the rights of people with disability and realise the benefits of the NDIS.  The rules are intended to support participants to be informed purchasers and consumers of NDIS supports and services and to live free from abuse, neglect, violence and exploitation.
    (3) People have a right to expect that their personal information is protected. The National Disability Insurance Act 2013 and the National Disability Insurance Scheme (Protection and Disclosure of Information—Commissioner) Rules 2018 set out the information handling requirements for the NDIS Quality and Safeguards Commission, including the use and disclosure of NDIS information.  The Commissioner can only make disclosures of protected information in accordance with these rules.
    (4) The States and Territories will remain responsible for quality and safeguards arrangements for mainstream and other services to people with disability such as health, education and child protection.  It is necessary for the Commissioner to work closely with other regulatory bodies in protecting and preventing harm to people with disability.
    (5) These rules provide a balance between protecting the privacy of people and enabling information to be exchanged with relevant bodies to support appropriate regulatory responses, especially where vulnerable people may be at risk of harm.

Part 1—Preliminary

1 Name
       This instrument is the National Disability Insurance Scheme (Protection and Disclosure of Information—Commissioner) Rules 2018.

3 Authority
       This instrument is made under the National Disability Insurance Scheme Act 2013.

4 Definitions

         Note:  A number of expressions used in this instrument are defined in the Act, including:
             (a) CEO
             (b) child
             (c) Commission
             (d) Commission officer
             (e) Commissioner
             (f) entity
             (g) National Disability Insurance Scheme
             (h) National Disability Insurance Scheme rules
             (i) nominee
             (j) parent
             (k) participant
             (l) protected Commission information
       In this instrument:
       Act means the National Disability Insurance Scheme Act 2013.
       affected individual, in relation to a disclosure or proposed disclosure of NDIS information, means an individual whose personal information is contained in the NDIS information.
       consent means informed consent.

             Note: See subsection 4(9) and section 7 of the Act for rules and