Document ID: chunk:federal_register_of_legislation:F2016C00986:body:0:p6
Version: federal_register_of_legislation:F2016C00986
Segment Type: other
Provision Reference: 
Character Range: 14434–17325

2005, section 292

       Public Interest Disclosure Act 2010, section 65

       Surrogacy Act 2010, section 52

       Terrorism (Preventative Detention) Act 2005, sections 64, 65, 66, 67, 68

       Uniform Civil Procedure Rules 1999 (under Supreme Court of Queensland Act 1991), rules 595F(3), 981

       Weapons Act 1990, section 151B, 151C

       Witness Protection Act 2000, sections 36, 37

       Working with Children (Risk Management and Screening) Act 2000, sections 345, 357R, 384

       Youth Justice Act 1992, section 300

Note:  The list of laws prescribed above is subject to ongoing review and the Minister may amend these Rules to alter the list.

                     Paragraph 3.3(b) is made for the purposes of paragraph 58(2)(b) of the Act.

    3.4 A person is not required to give information or produce a document under Part 1 of Chapter 4 of the Act to the extent that in doing so the person would contravene a Commonwealth law.

                     Paragraph 3.4 summarises section 59 of the Act.

       Part 4 Disclosure of information by the CEO in the public interest

    4.1 The Act restricts the circumstances in which information that the Agency has about a person, and certain other information, can be disclosed. However, the CEO may 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 the Act (NDIS information), including information about a person, if the CEO certifies that it is necessary in the public interest to do so in a particular case or class of cases. The NDIS information can in these circumstances be disclosed to such persons and for such purposes as the CEO determines.

                     Paragraph 4.1 summarises sections 62 and 65 and paragraph 66(1)(a) of the Act.

    4.2 This Part sets out guidance for the CEO in the exercise of the power to certify that disclosure is necessary in the public interest—that is, to give a public interest certificate—in particular classes of cases. These Rules are not intended to limit the circumstances in which the CEO may give a public interest certificate under paragraph 66(1)(a) of the Act.

General considerations

    4.3 In cases where this Part applies, identified below, the CEO may give a public interest certificate for the disclosure of NDIS information if:

       (a) the information cannot reasonably be obtained from a source other than the Agency; and

       (b) the person to whom the information will be disclosed has sufficient interest in the information.

    4.4 A person has sufficient interest in the NDIS information if:

       (a) the CEO is satisfied that, in relation to the purpose of the disclosure, the person has a genuine and legitimate interest in the information; or

       (b) the person is a Commonwealth, State or Territory Minister.

    4.5 In