Document ID: chunk:federal_register_of_legislation:F2021C00306:schedule:1:p2
Version: federal_register_of_legislation:F2021C00306
Segment Type: schedule
Provision Reference: sch 1 (pt 2/17)
Character Range: 6417–9126

in relation to a disclosure or proposed disclosure of NDIS information, means an individual whose personal information is contained in the NDIS information.
       consent means informed consent.

             Note: See subsection 4(9) and section 7 of the Act for rules and principles about how people with disability are to be provided with information and supported in their dealings with the Commission.
       de-identified has the same meaning as in the Privacy Act 1988.
       NDIS information means information obtained by a person in the performance of the person's functions or duties or in the exercise of the person's powers under the Act.
       Note: See paragraph 67E(1)(a) of the Act.
       personal information has the same meaning as in the Privacy Act 1988.

    5 Children and participants with a nominee

       Children
        (1) Part 4 of Chapter 4 of the Act applies to a thing these Rules require or permit to be done by or in relation to a child as if that thing were required or permitted to be done by the Act.

       Participants with a nominee
        (2) If a person:
            (a) is a participant; and
            (b) has a nominee;
       then subsections (3) and (4) apply in relation to the person.
        (3) Sections 79 and 80 of the Act apply to any act that may be done by the person under, or for the purposes of, these Rules as if that thing were an act that may be done under, or for the purposes of, the Act.
        (4) Sections 81 and 82 of the Act apply to any notice the Commissioner is authorised or required by these Rules to give to the person as if:
            (a) references to the CEO in those sections were references to the Commissioner; and
            (b) the Commissioner was authorised or required to give the notice under the Act.

Part 2—State and Territory laws that may affect a requirement by the Commissioner to give information or evidence or produce documents

6 Simplified outline of this Part
This Part is made for the purposes of section 58 of the Act. It prescribes State and Territory laws that may mean that a person is not required to give information or evidence or produce a document, despite a requirement from the Commissioner.
The Commissioner has various powers under the Act to require a person to give information or evidence, or produce a document to the Commissioner or a Commission officer.
Generally, a requirement under the Act to give information, produce a document or give evidence to the Commissioner or a Commission officer is not affected by State or Territory laws.
However, a person is not required to give the information or evidence or produce the document if:
     (a) a State or Territory law would