Document ID: chunk:federal_register_of_legislation:F2021C00306:schedule:1:p7
Version: federal_register_of_legislation:F2021C00306
Segment Type: schedule
Provision Reference: sch 1 (pt 7/17)
Character Range: 19891–22996

to disclose the information:
                (i) for the purpose for which the Commissioner is proposing to make the disclosure; and
                (ii) to the proposed recipient to whom the Commissioner is proposing to make the disclosure; and
            (d) whether the disclosure would be contrary to a request by a complainant under subsection 15(3) of the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018; and
            (e) whether the proposed recipient has sufficient interest in the information; and
            (f) if the proposed recipient requested the information—whether the proposed recipient could reasonably obtain the information from a source other than the Commissioner; and
            (g) whether section 15, 16, 17, 18 or 19 of these Rules applies to the disclosure.

       Meaning of sufficient interest
        (2) For the purposes of paragraph (1)(e), a proposed recipient has sufficient interest in the information if:
            (a) the Commissioner is satisfied that, in relation to the purpose of the disclosure, the proposed recipient has a genuine and legitimate interest in the information; or
            (b) the proposed recipient is a Commonwealth, State or Territory Minister.

15 Enforcement of laws and related circumstances
       This section applies to a proposed disclosure if the Commissioner is satisfied that:
            (a) the disclosure is necessary:
                (i) for the enforcement of a criminal law of the Commonwealth, a State, a Territory or a foreign country, that relates to an indictable offence punishable by imprisonment of 2 years or more; or
                (ii) for the enforcement of a law imposing a pecuniary penalty equivalent to 40 penalty units or more; or
                (iii) to prevent an act that may have a significant adverse impact on the affected individual; or
                (iv) 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 Commission.

16 Briefing the Minister
       This section applies to a proposed disclosure if the Commissioner is satisfied that the disclosure is necessary to brief the Minister:
            (a) so that the Minister can consider complaints, incidents 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, incident or issues; or
            (b) about an error or delay on the part of the Commission; or
            (c) about an instance of 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