Document ID: chunk:federal_register_of_legislation:F2021C00306:schedule:1:p4
Version: federal_register_of_legislation:F2021C00306
Segment Type: schedule
Provision Reference: sch 1 (pt 4/17)
Character Range: 11477–14731

disclose information for the purposes of any of the following provisions of the Act:
 (a) paragraph 67E(1)(a);
 (b) subparagraph 67E(1)(b)(i), (iii) or (iv).

9 Application
       This Part applies in relation to a disclosure of information that contains:
            (a) protected Commission information; or
            (b) personal information.

Division 1—Rules about the Commissioner disclosing information

10 De-identification of personal information
        (1) Before disclosing NDIS information under section 67E of the Act (other than subparagraph 67E(1)(b)(ii)), the Commissioner must, so far as is reasonably practicable:
            (a) identify any personal information included in the NDIS information; and
            (b) consider if the purpose of the proposed disclosure would be adversely affected if the personal information was de-identified; and
            (c) if the purpose of the proposed disclosure would not be adversely impacted—de‑identify the personal information.

       Exceptions
        (2) This section does not apply to the personal information of an affected individual who has consented to the proposed disclosure.
        (3) This section does not apply to a 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 subsection (1) would result in an unreasonable delay in the disclosure; or
            (c) complying with subsection (1) would frustrate the purpose of the disclosure.

11 Consultation
        (1) Before disclosing NDIS information under section 67E of the Act (other than under subparagraph 67E(1)(b)(ii)), the Commissioner must, so far as is reasonably practicable:
            (a) notify any affected individual about the proposed disclosure; and
            (b) seek the consent of the affected individual to the proposed disclosure; and
            (c) provide a reasonable opportunity for the affected individual to comment on the proposed disclosure.

           Note: The notice must comply with section 7 of the Act.
        (2) When notifying an affected individual for the purposes of paragraph (1)(a), the Commissioner may specify a date by which the individual must respond.
        (3) When deciding whether to disclose the information, the Commissioner must consider:
           (a) any express statement by an affected individual that they do not consent to the proposed disclosure; and
           (b) any other comment provided, or view expressed, by an affected individual about the proposed disclosure.
        (4) Subsection (3) does not apply in relation to any response to a notice under subsection (1) received after a date specified in the notice for the purposes of subsection (2).

Exceptions
        (5) Subsection (1) does not apply in relation to an affected individual if the Commissioner is satisfied that:
            (a) the 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