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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 67E

Disclosure of information by Commissioner

             (1)  Despite sections 67B, 67D and 67G, the Commissioner may:

                     (a)  if the Commissioner is satisfied on reasonable grounds that it is in the public interest to do so in a particular case or class of cases--disclose information acquired by a person in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to such persons and for such purposes as the Commissioner determines; or

                     (b)  disclose any such information:

                              (i)  to the Secretary of a Department of State of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority; or

                             (ii)  to a person who has the express or implied consent of the person to whom the information relates to collect it; or

                            (iii)  to a Department of State of a State or Territory, or to an authority of a State or Territory, that has responsibility for matters relating to people with disability, including the provision of supports or services to people with disability; or

                            (iv)  to the chief executive (however described) of a Department of State of a State or Territory, or to the head of an authority of a State or Territory, for the purposes of that Department or authority.

             (2)  In disclosing information for the purposes of paragraph (1)(a) or subparagraph (1)(b)(i), (iii) or (iv), the Commissioner must act in accordance with the National Disability Insurance Scheme rules made for the purposes of section 67F.

             (3)  Despite any other provision of this Part, the Commissioner may disclose protected Commission information to a participant's nominee if the protected Commission information:

                     (a)  relates to the participant; and

                     (b)  is or was held in the records of the Commission.

             (4)  If:

                     (a)  the Commissioner or a Commission officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902 ; and

                     (b)  in order to comply with the summons, notice or requirement, the Commissioner or Commission officer would be required to disclose information that is protected Commission information;

then, despite sections 67B and 67G of this Act, the Commissioner or Commission officer must, subject to the Royal Commissions Act 1902 , disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.



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