Document ID: chunk:federal_register_of_legislation:F2021C00306:schedule:1:p8
Version: federal_register_of_legislation:F2021C00306
Segment Type: schedule
Provision Reference: sch 1 (pt 8/17)
Character Range: 22723–25738

an anomalous or unusual operation of the Act, regulations made under the Act or the National Disability Insurance Scheme rules.

17 Missing or deceased persons
        (1) This section applies to a proposed disclosure of NDIS information if:
            (a) the information relates to a person who is, or has been reported to be, missing or deceased; and
            (b) the Commissioner is satisfied that there are no reasonable grounds to believe that the person would not want the information disclosed; and
            (c) the Commissioner is satisfied that the disclosure is necessary:
                (i) to locate a person (including the missing or deceased person, or a relative or beneficiary of the person); or
                (ii) to assist a court, a coronial inquiry, a royal commission or commission of inquiry (however described), a Department or other authority of a State or Territory, or an authority responsible for administering a disability support scheme in another country, with an inquiry related to the missing or deceased person; or
                (iii) in relation to a deceased person—to assist a person in relation to the administration of the estate of the deceased person.
        (2) This section may apply to the a proposed disclosure of NDIS information which is about a person other than the person referred to in paragraph (1)(a).

           Note: If the NDIS information contains personal information that is not relevant to the purpose of the disclosure, the Commissioner may be required to de-identify that information under section 10.

18 Assisting child welfare agencies
        (1) This section applies to a proposed disclosure if the Commissioner is satisfied that:
            (a) the disclosure is necessary to assist a child welfare agency to contact a parent, guardian or relative in relation to a child; or
            (b) the disclosure is necessary to assist a child welfare agency to carry out its responsibilities relating to the safety, welfare or wellbeing of a child.

       Meaning of child welfare agency
        (2) For the purposes of this section, a child welfare agency means:
            (a) a Commonwealth, State or Territory agency; or
            (b) a non-government agency or institution;
       that has responsibilities relating to the safety, welfare or wellbeing of children or that provides care for children (even if it also provides care for adults).

            Example: A child welfare agency may include a child protection agency, a public or private school or a public or private health facility.

19 Assisting professional bodies
        (1) This section applies to a proposed disclosure if the Commissioner is satisfied that:
            (a) the Commissioner holds information about a person employed or otherwise engaged by an NDIS provider; and
            (b) the disclosure is necessary to assist a professional body to consider whether the person's conduct meets the standards required to attain or maintain membership of the