National Disability Insurance Scheme Act 2013

A person may:

make a record of protected Commission information; or

disclose such information to any person; or

otherwise use such information;

the making of the record, or the disclosure or use of the information, by the person is made:

for the purposes of this Act; or

for the purpose for which the information was disclosed to the person under section 67E; or

with the express or implied consent of the person to whom the information relates; or

the disclosure of the information by the person is to a State or Territory, or to an authority of a State or Territory, for one or more of the following purposes:

the carrying out of an NDIS worker screening check or aged care worker screening check;

any other purpose of an NDIS worker screening law or aged care worker screening law;

the screening of a worker employed or otherwise engaged by a registered NDIS provider, or of a member of the key personnel of a registered NDIS provider, as mentioned in paragraph 73T(3)(d); or

the disclosure or use of the information by the person is made for the purposes of complying with the worker screening requirements prescribed by rules made for the purposes of section 152 of the Aged Care Act 2024; or

the disclosure of the information by the person is to a person or body, prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph, for the purpose prescribed by those rules; or

the person reasonably believes that the making of the record, or the disclosure or use of the information, by the person is for the purpose of, or in relation to, preventing or lessening a threat (whether current or future) to an individual’s life, health or safety; or

the person reasonably believes that the making of the record, or the disclosure or use of the information, by the person is for the purpose of, or in relation to, reporting a past threat to an individual’s life, health or safety.

Without limiting subsection (1), the recording, disclosure or use of information by a person is taken to be for the purposes of this Act if the Commissioner reasonably believes that it is reasonably necessary for one or more of the following purposes:

research into matters relevant to the National Disability Insurance Scheme;

policy development.

The Commissioner or a Commission officer may disclose protected Commission information to the Agency or an Agency officer if the disclosure is for, or in connection with, the performance of the Agency’s or CEO’s functions or the exercise of the Agency’s or CEO’s powers.