Obtaining proof on behalf of clients
There are 3 options for obtaining proof on behalf of the client:
- if appropriate MSD can use the Privacy Statement
- asking the client to provide further information or seeking consent from the client using the 'consent to release of health or disability information' form
- if the client is unable to obtain the information and all other options have been pursued a Schedule 6 request for information can be used in limited cases
Clarifying or verifying information - use the Privacy Statement
The privacy statement on application forms permits case managers to contact the registered medical practitioner or nurse practitioner who completed the client's Disability Allowance medical certificate health to verify information they have provided.
The form does not allow MSD to collect additional information about the client from their original practitioner or any other health practitioner.
The part of the Privacy Statement that is relevant is MSD may share information with health practitioners if it needs medical information to assess the client's eligibility.
This gives MSD the authorisation to contact the appropriate health practitioners to confirm or clarify the information they have already provided as part of the application process. This includes information that is unclear or hard to read.
Additional information - use Client consent
MSD must give the client every opportunity to provide the information before the client consent form is used.
If further information is required, the 'consent to release of health and disability information' form can be used.
Generally, the consent form is valid for a particular purpose.
Additional information in limited circumstances - use a Schedule 6 request
Before making a Schedule 6 request MSD must take the following steps:
1. MSD must request the information from the client before seeking it from the appropriate health practitioners.
2. The client must be allowed sufficient time to respond. MSD must ensure they are fully aware of the time restriction.
3. MSD must consider all other avenues for obtaining information from the client before a Schedule 6 request is used.
A determination will need to be made on a case-by-case basis as to whether there is a legitimate inability to provide proof of information that is requested. If a client is not able to complete the 'consent to release of health or disability information form' due to their disability, for example they are unable to physically sign the form, then a Schedule 6 request for verification can be used to obtain the information.
Only Manager Client Service Delivery can contact health practitioners.
When requesting information from a client's health providers using a Schedule 6 request the Manager Client Service Delivery must do the following:
- make the request in writing and
- specify that the request is made under Schedule 6 of the Social Security Act 2018 and
- specify the information and/or documents sought and
- specify how long they have to provide that information
For more information see:
- Restrictions on information requested
- Consent process [no link find out why]
Legislation
- MSD obtaining information by notice schedule 6, clauses 2-5 Social Security Act 2018
