Document ID: chunk:federal_register_of_legislation:F2016C00986:body:0:p7
Version: federal_register_of_legislation:F2016C00986
Segment Type: other
Provision Reference: 
Character Range: 17069–19859

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 considering whether to give a public interest certificate under paragraph 4.3 to disclose information about a particular person, the CEO should have regard to whether the person would be likely to be in a position to seek assistance themselves or give notice of their circumstances.

Enforcement of laws

    4.6 This Part applies to cases where:

       (a) the disclosure is necessary:

           (i) for the enforcement of a criminal law; or

           (ii) for the enforcement of a law imposing a pecuniary penalty; or

           (iii) to prevent an act that may have a significant adverse effect on the public revenue; or

       (b) the disclosure relates to an offence or threatened offence:

           (i) against an officer of the Commonwealth, a State or a Territory; or

           (ii) against Commonwealth, State or Territory property; or

           (iii) in premises occupied by the Agency.

Note: An example of the type of information that may be disclosed in these cases is information about the whereabouts of a person suspected of committing an offence or breaching a relevant law.

Mistake of fact

    4.7 This Part applies to cases where:

       (a) the disclosure is necessary to correct a mistake of fact in relation to the administration of the NDIS; and

       (b) either:

           (i) the integrity of the NDIS will be at risk if the mistake of fact is not corrected; or

           (ii) the mistake of fact relates to a matter that was, or will be, published (whether by, or with or without the consent of, the person to whom the information relates).

Note: An example of the type of information that may be disclosed in these cases is a description of how the Agency has handled a person's requirements under the NDIS.

Ministerial briefing

    4.8 This Part applies to cases where the disclosure of the NDIS information is necessary to brief a Commonwealth, State or Territory Minister:

       (a) so that the Minister can be advised of complaints or issues raised by or on behalf of a person with the Minister (in writing or orally), and if necessary respond to that person in relation to the complaints or issues; or

       (b) in relation to issues raised or proposed to be raised publicly by or on behalf of the person to whom the relevant information relates so that the Minister can respond by correcting a mistake of fact, a misleading perception or impression, or a misleading statement; or

       (c) about an error or delay on the part of the Agency; or

       (d) about