When They Take You to a Doctor Without a Consent Form

NDIS participants have rights. One of the most important is the right to consent to medical treatment and to control who accesses your health information.

If your NDIS provider took you to see a doctor without a signed medical consent form, and they only rely on a Service Agreement, this can be a serious legal and regulatory breach.

This blog explains what that means, why it matters, and how to take action step by step.

1. A Service Agreement Is NOT Medical Consent

This is where many providers get it wrong.

A Service Agreement:

• Covers supports and services

• Explains hours, pricing, and responsibilities

• Does NOT automatically authorise medical decisions

A Medical Consent Form:

• Is separate

• Must be specific

• Must clearly state:
  

  • Who can take you to a doctor

  • What information can be shared

  • What decisions (if any) can be made on your behalf

Without medical consent, a provider has no authority to:

• Arrange medical appointments on your behalf

• Transport you for medical treatment

• Speak to doctors about your health

• Share or receive your medical information

2. Why This Is a Serious Issue

If a provider takes you to a doctor without your informed consent, they may be breaching:

• NDIS Practice Standards

• NDIS Code of Conduct

• Common law consent principles

• Privacy Act 1988 (Cth)

• Human rights and bodily autonomy

In some cases, it may also amount to:

• Unlawful interference

• Negligence

• Coercive or controlling behaviour

This is not a “paperwork issue”. It is a rights issue.

3. “But They Said It Was for My Safety” — Is That Allowed?

Sometimes providers argue they acted under duty of care.

Important truth: Duty of care does NOT override consent, unless:

• There is an immediate life-threatening emergency, AND

• You are unable to consent at the time

Routine appointments, check-ups, mental health visits, or “risk management” do not qualify as emergencies.

If there was time to plan the appointment, there was time to obtain consent.

4. Step-by-Step: How to Take Action

Step 1: Ask for Evidence (in writing)

Request:

• The signed medical consent form

• The policy they relied on

• Who authorised the appointment

• What information was shared with the doctor

If they cannot provide written consent — that matters.

Step 2: Make a Formal Complaint to the Provider

Your complaint should state:

• You did not give consent

• A Service Agreement does not authorise medical decisions

• You believe your rights were breached

• You want:
  

  • A written response

  • Policy review

  • Assurance it will not happen again

Keep copies of everything.

Step 3: Complain to the NDIS Quality & Safeguards Commission

This is the primary enforcement body.

You can complain if:

• Consent was not obtained

• You felt pressured or controlled

• Your privacy or dignity was breached

The Commission can:

• Investigate

• Issue compliance notices

• Sanction or restrict providers

• Force changes to policies and practices

Courts expect you to do this before suing.

Step 4: Consider Legal Options (Only If Needed)

You may have grounds to escalate if:

• The breach caused harm or distress

• The provider refuses accountability

• There is a pattern of behaviour

Possible pathways:

• NCAT or state civil tribunal (service disputes)

• Australian Human Rights Commission (rights breaches)

• Legal advice for negligence or unlawful conduct

Jumping straight to court without using NDIS processes often fails.

5. What You Usually Cannot Sue For

To be clear:

• You generally cannot sue just because you disagreed with support decisions

• You usually cannot sue without evidence

• You usually cannot skip regulatory pathways

But you can act when:

• Consent was missing

• Your autonomy was ignored

• The provider overstepped their authority

6. Key Message for Providers

If you are an NDIS provider reading this:

A Service Agreement is not consent “Best interests” is not a legal shortcut Safety does not cancel human rights

Consent must be informed Consent must be documented Consent must be respected