Document ID: chunk:federal_register_of_legislation:F2021C00306:schedule:1:p5
Version: federal_register_of_legislation:F2021C00306
Segment Type: schedule
Provision Reference: sch 1 (pt 5/17)
Character Range: 14444–17419

affected individual is aware that the Commissioner may be disclosing the NDIS information; and
            (b) the affected individual has indicated that they consent to the proposed disclosure (whether expressly or by implication); and
            (c) the affected individual has had an opportunity to express their views about the proposed disclosure.
        (6) This section does not apply in relation to an affected individual if:
            (a) the Commissioner is satisfied that giving notice to the affected individual would frustrate the purpose of the proposed disclosure; or
            (b) the Commissioner, after making reasonable attempts, has been unable to contact the affected individual.
        (7) This section does not apply to a proposed disclosure if the Commissioner is satisfied that:
            (a) the disclosure is necessary to prevent or lessen a serious threat to an individual's life, health or safety; or
            (b)  complying with subsections (1) and (3) would result in an unreasonable delay in the disclosure; or
            (c) complying with subsections (1) and (3) would frustrate the purpose of the disclosure.
 (8) This section does not apply to a disclosure of NDIS information under paragraph 67E(1)(a) or subparagraph 67E(1)(b)(i), (iii) or (iv) of the Act, if:
 (a) the disclosure is made to:
 (i) a person (including the chief executive (however described) of a Department of State of a State or Territory or the head of an authority of a State or Territory); or
 (ii) a Department of State of a State or Territory; or
 (iii) an authority of a State or Territory;
  that has responsibility for:
 (iv) conducting an NDIS worker screening check under an NDIS worker screening law; or
 (v) conducting an assessment (however described) or making a decision that relates to whether a person meets a requirement mentioned in Part 4 of the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 in a participating jurisdiction; and
 (b) the disclosure is made for the purposes of sharing information to assist the person, Department or authority to effectively conduct those checks or assessments or make those decisions.

12 Notice to recipient of NDIS information
       If the Commissioner discloses NDIS information under section 67E of the Act (other than subparagraph 67E(1)(b)(ii)), the Commissioner must, at the time of the disclosure, give the person a notice which includes:
            (a) the purpose of the disclosure;
            (b) any limitations on how the person may use, make record of, or disclose the information; and
            (c)  a statement that the information is only to be used in accordance with the purpose of the disclosure.

           Note 1: Subparagraph 67A(1)(d)(ii) of the Act authorises a person to make a record of, disclose and otherwise use protected Commission information if the person is using the information or making the record or disclosure for the