Limits on the information the NDIS Commission can provide
Section 67G of the NDIS Act provides, in summary, that a person cannot, except for the purposes of the National Disability Insurance Scheme Act 2013 (NDIS Act) or the Royal Commissions Act 1902 (Royal Commissions Act), be required to produce any document to a court, tribunal, authority or person that has power to require the production of documents or the answering of questions.
This means that generally the NDIS Commission, its Commissioner and any of the Commission’s staff will be unable to comply with a subpoena unless:
- the production would be for the purposes of the NDIS Act;
- the production would be for the purposes of the Royal Commissions Act; or
- the production of the information is compelled under an order issued pursuant to some limited legislative provisions (for example Location Orders and Commonwealth Information Orders issued pursuant to sections 67M and 67N of the Family Law Act 1975 (Cth)).
If the NDIS Commission, its Commissioner or any member of its staff is served with a subpoena and we do not consider that the subpoena can be lawfully complied with, the NDIS Commission will contact the lawyer or organisation who asked for the subpoena to be issued, ask for it be withdrawn and discuss alternative ways that some or all of the information sought may be able to be disclosed.