Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 73ZA

Disclosures qualifying for protection

             (1)  This section applies to a disclosure of information by a person (the discloser ) who is, in relation to an NDIS provider, any of the following:

                     (a)  if the NDIS provider is a body corporate--an officer or employee of the body corporate, or a person who has a contract for the supply of goods or services to, or on behalf of, the body corporate;

                     (b)  if the NDIS provider is an unincorporated association--a member of the committee of management or an employee of the association, or a person who has a contract for the supply of goods or services to, or on behalf of, the association;

                     (c)  if the NDIS provider is a partnership--a partner in or an employee of the partnership, or a person who has a contract for the supply of goods or services to, or on behalf of, the partnership;

                     (d)  in any case--a person with disability who is receiving a support or service from the NDIS provider, or a nominee, family member, carer, independent advocate or significant other of that person.

             (2)  The disclosure of the information by the discloser qualifies for protection under this Division if:

                     (a)  the disclo s ure is made to one of the following:

                              (i)  the Commissioner;

                             (ii)  the Agency;

                            (iii)  if the NDIS provider is a body corporate--a member of the key personnel of the body corporate;

                            (iv)  if the NDIS provider is an unincorporated association--a member of the key personnel of the association;

                             (v)  if the NDIS provider is a partnership--a partner; and

                     (b)  the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and

                     (c)  the discloser has reasonable grounds to suspect that the information indicates that an NDIS provider has, or may have, contravened a provision of this Act; and

                     (d)  the discloser makes the disclosure in good faith.

             (3)  In this section, officer has the same meaning as it has in the Corporations Act 2001 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback