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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 disclosure 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 .


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