Document ID: chunk:federal_register_of_legislation:C2021A00119:clause:2_95a
Version: federal_register_of_legislation:C2021A00119
Segment Type: clause
Provision Reference: sch 2 cl 95A
Character Range: 57503–59878

95A  Additional authorisation—Operator publicly disclosing that institution is not participating in the scheme
 (1) The Operator may publicly disclose that a non‑government institution is not a participating institution if:
 (a) either or both of the following apply:
 (i) a person has applied for redress under the scheme and the application identifies the institution as being involved in the abuse of the person;
 (ii) the Operator has reasonable grounds to believe that the institution may be connected with abuse of a person that is within the scope of the scheme; and
 (b) the institution is not a participating institution or a partly‑participating institution.
 (2) If the Operator does so, the Operator may also publicly disclose any of the following that are applicable:
 (a) that an application for redress under the scheme identifies the institution as being involved in abuse;
 (b) that the Operator has reasonable grounds to believe that the institution may be connected with abuse;
 (c) that the Operator has contacted the institution about participating in the scheme and the institution has not responded to the Operator despite having had a reasonable time to do so;
 (d) that the institution has informed the Operator that the institution intends to agree to participate in the scheme;
 (e) that the institution has informed the Operator that the institution does not intend to agree to participate in the scheme;
 (f) that the institution has informed the Operator that the institution intends to agree to being listed under section 164B (partly‑participating institutions);
 (g) that the institution has informed the Operator that the institution does not intend to agree to being listed under section 164B (partly‑participating institutions);
 (h) that there are not reasonable grounds for expecting that, if the institution were declared to be a participating institution under section 115, its liabilities under this Act would be discharged;
 (i) any other matter prescribed by the rules.
 (3) To avoid doubt, the Operator may disclose information under this section even if the information is protected information.
 (4) In making a disclosure under this section, the Operator must not disclose the identity of a person who:
 (a) has applied for redress under the scheme; or
 (b) the Operator has reasonable grounds to believe may have been abused.