Taking Action When Your NDIS Provider Violates Your Right to Consent

NDIS participants have the right to control their own health decisions. If your NDIS provider took you to a doctor without your clear permission, this is a serious problem. It is not just about missing paperwork. It is about your rights to say yes or no to medical treatment and who can see your health information.

This post explains what it means when a provider acts without your consent, why it matters, and how you can take action to protect yourself.

A Service Agreement Does Not Replace Medical Consent

Many people think that signing a Service Agreement with an NDIS provider means they agree to everything the provider does, including medical decisions. This is not true.

A Service Agreement:

• Covers the supports and services the provider will deliver

• Explains hours, pricing, and responsibilities

• Does not give permission for medical treatment or sharing health information

  
  

A Medical Consent Form is different. It must be:

• Separate from the Service Agreement

• Specific about what medical actions are allowed

• Clear about who can take you to a doctor, what information can be shared, and what decisions can be made on your behalf

  
  

Without a signed medical consent form, your provider cannot:

• Arrange medical appointments for you

• Take you to see a doctor

• Talk to doctors about your health

• Share or receive your medical records

  
  

If your provider did any of these without your consent, they broke your rights.

Why Taking You to a Doctor Without Consent Is Serious

When a provider takes you to a doctor without your informed consent, they may be breaking important laws and rules, including:

• NDIS Practice Standards

• NDIS Code of Conduct

• Common law rules about consent

• Privacy laws protecting your health information

• Your human rights to control your own body and health decisions

  
  

This can also be seen as:

• Unlawful interference with your personal choices

• Negligence if harm happens because of this

• Controlling or coercive behaviour that limits your freedom

  
  

This is not just a paperwork mistake. It affects your rights and your safety.

What to Do If Your Provider Violates Your Consent

If your provider took you to a doctor without your permission, here are steps you can take:

1. Talk to your provider

   Tell them clearly that you did not give consent for medical appointments or sharing your health information. Ask them to explain why they acted without your permission.

   
   

2. Check your documents

   Look at your Service Agreement and any consent forms you signed. Confirm if there was any medical consent given. If not, this supports your case.

   
   

1. Keep records

   Write down what happened, including dates, times, and what the provider did. Save any messages or emails.

   
   

2. Contact the NDIS Quality and Safeguards Commission

   You can make a complaint if you believe your provider broke the rules. The Commission can investigate and take action.

   
   

1. Seek support

   Talk to a trusted advocate, family member, or support worker who can help you understand your rights and guide you through the complaint process.

   
   

2. Get legal advice if needed

   If you feel your rights were seriously violated, a lawyer who understands disability law can explain your options. Remember, this post is for information only and not legal advice.

   
   

Protecting Your Rights in the Future

To avoid this situation, always:

• Ask for a clear medical consent form before any health-related appointments

• Read all documents carefully before signing

• Know that you can say no to any medical treatment or sharing of your health information

• Keep copies of all agreements and consent forms

  
  

Your health decisions belong to you. No one should take you to a doctor or share your medical details without your clear permission.

Your right to consent is a key part of your independence and dignity as an NDIS participant. If your provider has violated this right, take action to protect yourself. Speak up, keep records, and use the support available to you. Your voice matters in making sure your health and personal choices are respected.