C2026A00066NDIS Checker

Schedule 2, Part 7

When Agency material need not be produced to a court

From 27 August 2026 a person who holds Agency or Commission information because of their role is not required to produce it to a court or tribunal, except for the purposes of the Act, the crime commission, the anti corruption commission or a royal commission.

What does the provision require?

Section 67G is replaced. A person cannot be compelled to hand over a document, or to reveal any information, record or object, to a court, tribunal, authority or another body with power to demand it, where the person is or was one of the listed office holders or service providers and the material came to them because of their duties under the Act or because they performed services for the Agency or the Commission. The list includes the CEO, Board members, the Commissioner, Advisory Council members, the scheme actuary, the reviewing actuary, Agency and Commission officers, consultants engaged under section 171 or 181V, and contractors performing services for either body.

The protection covers production in writing, answering questions and giving evidence, and any other means. It does not apply where production is necessary for the purposes of the Act or an instrument made under it, the Australian Crime Commission Act 2002, the National Anti Corruption Commission Act 2022, or the Royal Commissions Act 1902.

Why does it matter to an insurer or a provider?

This matters to an insurer when it litigates against or alongside the Agency. Material held by an Agency officer or contractor is harder to obtain by subpoena, so a recovery or liability argument that depends on internal Agency reasoning will usually have to be built from the decision record and the review pathway instead. The exception list is narrow and specific.

What did the amendment change?

The old section protected a narrower set of people and a narrower set of circumstances. The new section lists the office holders expressly, extends to contractors and consultants, covers oral evidence and questions as well as documents, and states the four exceptions.

Suggested evidence

These are the publisher's control suggestions, not statutory requirements. The provision's own requirement is above; an auditor or regulator decides what is sufficient.

  • The witness or deponent and their role, if the material is said to be protected
  • The source of the material and how it came to the person
  • The exception relied on, if production is sought
  • The alternative evidence that establishes the same point without the protected material

What should be done before the date?

  1. Identify any recovery argument that depends on Agency internal material
  2. Build the alternative evidentiary path from the decision record before litigation
  3. Record the exception basis for any request to produce

What the text does not say

The protection expressly extends to a person who is, or has been, in the listed role. The text does not create a privilege the person can waive, and it does not stop voluntary production.

Where this sits

section 67G, substituted by item 102 in Schedule 2, Part 7, Immunity from producing documents or information (item 102). Read the official text at https://www.legislation.gov.au/C2026A00066/latest/text. The record was read on 21 October 2026.

Not legal advice; does not certify. This page is a reading of the provision in our own words, not a reproduction of it, and not advice on your own facts.

Provisions that travel with this one

Other duties commencing on the same day