NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 66 Disclosure of information by CEO

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 66

  (1)   Despite sections   62, 64 and 67G, the CEO may:

  (a)   if the CEO is satisfied on reasonable grounds that it is in the public interest to do so in a particular case or class of cases--disclose information acquired by a person in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to such persons and for such purposes as the CEO determines; or

  (b)   disclose any such information:

  (i)   to the Secretary of a Department of State of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority; or

  (ii)   to a person who has the express or implied consent of the person to whom the information relates to collect it; or

  (iii)   to the Chief Executive Centrelink for the purposes of a centrelink program; or

  (iv)   to the Chief Executive Medicare for the purposes of a medicare program; or

  (v)   to the chief executive (however described) of a Department of State of a State or Territory, or to the head of an authority of a State or Territory, for the purposes of that Department or authority.

  (2)   In disclosing information for the purposes of paragraph   (1)(a) or subparagraph   (1)(b)(i) or (v), the CEO must act in accordance with any National Disability Insurance Scheme rules made for the purposes of section   67.

  (3)   Despite any other provision of this Part, the CEO may disclose protected Agency information to a participant's nominee if the protected Agency information:

  (a)   relates to the participant; and

  (b)   is or was held in the records of the Agency.

  (4)   If:

  (a)   the CEO or an Agency officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902 ; and

  (b)   in order to comply with the summons, notice or requirement, the CEO or Agency officer would be required to disclose information that is protected Agency information;

then, despite sections   62 and 67G of this Act, the CEO or Agency officer must, subject to the Royal Commissions Act 1902 , disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.