Document ID: chunk:federal_register_of_legislation:F2021C00306:schedule:1:p3
Version: federal_register_of_legislation:F2021C00306
Segment Type: schedule
Provision Reference: sch 1 (pt 3/17)
Character Range: 8892–11769

evidence to the Commissioner or a Commission officer is not affected by State or Territory laws.
However, a person is not required to give the information or evidence or produce the document if:
     (a) a State or Territory law would otherwise prevent a person from giving information or evidence, or producing a document to the Commissioner or a Commission officer; and
     (b) that law is prescribed by the Rules.

    7 Prescribed State and Territory laws
       For the purposes of paragraph 58(2)(b) of the Act, the laws listed in Schedule 1 are prescribed in relation to any requirement to give information or evidence or produce a document to the Commissioner or a Commission officer under the Act.

Part 3—The Commissioner's information disclosure powers

    8 Simplified outline of this Part
This Part is for the purposes of section 67F of the Act. It prescribes rules and guidance in relation to the Commissioner's disclosure powers in paragraph 67E(1)(a) and subparagraphs 67E(1)(b)(i), (iii) and (iv) of the Act. Subsection 67E(2) of the Act provides that in disclosing information for the purposes of those provisions, the Commissioner must act in accordance with rules made for the purposes of section 67F of the Act.
The Act restricts the circumstances in which protected Commission information can be recorded, disclosed or used.
However, the Commissioner may disclose information acquired by a person in the performance of the person's functions or duties or in the exercise of the person's powers under the Act (referred to in these rules as 'NDIS information').
Division 1 sets out rules the Commissioner must follow when disclosing NDIS information. Division 1 applies to all disclosures under section 67E, other than to a person who has the express or implied consent of the person to whom the information relates to collect it.
Division 2 sets out the matters that the Commissioner must consider in deciding whether it is in the public interest to disclose NDIS information. This Division provides a list of matters, including specific examples, that the Commissioner must consider in exercising discretion to disclose NDIS information in the public interest.
Division 3 provides that the Commissioner may disclose information to Commonwealth, State or Territory Departments and authorities, either following a request for information or of the Commissioner's own initiative.

8A Purpose of this Part
 (1) This Part is made for the purposes of section 67F of the Act.
 (2) It provides for matters in relation to the exercise of the Commissioner's power to 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