Document ID: chunk:federal_register_of_legislation:F2021C00306:schedule:1:p6
Version: federal_register_of_legislation:F2021C00306
Segment Type: schedule
Provision Reference: sch 1 (pt 6/17)
Character Range: 17160–20181

of the disclosure.

           Note 1: Subparagraph 67A(1)(d)(ii) of the Act authorises a person to make a record of, disclose and otherwise use protected Commission information if the person is using the information or making the record or disclosure for the purpose for which the information was disclosed to the person under section 67E.

           Note 2: The notice must comply with section 7 of the Act.

13 Record of disclosure
        (1) If the Commissioner discloses NDIS information under section 67E of the Act (other than subparagraph 67E(1)(b)(ii)), the Commissioner must ensure that a record of that disclosure is made.
        (2) A record made for the purposes of subsection (1) must include:
            (a) a description or summary of the information disclosed; and
            (b) the recipient of the disclosure; and
            (c) the purpose of the disclosure; and
            (d) if the disclosure was made following a request for the information—details of the request; and
            (e) if there was a decision that an exception under subsections 10(3), 11(6) or 11(7) applied in relation to the disclosure—a summary of that decision.
        (3) A description or summary for the purposes of paragraph (2)(a) may take the form of a list of document or record numbers which would enable the information disclosed to be located in the Commission's record management system.
        (4) A record made for the purposes of subsection (1) must be kept:
            (a) if the National Archives of Australia has given permission, or approved a practice or procedure in relation to the record under paragraph 24(2)(b) of the Archives Act 1983—in accordance with that permission or approval, as amended from time to time; or
            (b) if no such permission or approval has been given—for 7 years.

Division 2—Disclosures by the Commissioner in the public interest

14 What the Commissioner must consider in determining the public interest
        (1) In deciding whether the Commissioner is satisfied on reasonable grounds that it is in the public interest to disclose NDIS information, the Commissioner must consider:
            (a) where the information concerns an affected individual's life, health or safety—whether the affected individual would be likely to be in a position to seek assistance themselves or give notice of their circumstances to the proposed recipient of the information; and
            (b) the purpose for which the information was collected, including any information provided to the affected individual at that time about how the information would or would not be used or disclosed; and
            (c) whether the affected individual would reasonably expect the Commissioner 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