50Decision by Secretary as to disability

50 Decision by Secretary as to disability (1) For the purposes of a request under section 49(1), the Secretary may decide whether or not the person in respect of whom the request was made has a disability. (2) Subject to subsection (3), the Secretary, in making a decision under subsection (1) or section 49(2), may request any relevant information (including personal information and health information) from any person or body. (3) Before requesting personal information or health information about a person under subsection (2), the Secretary must obtain the consent of— (a) the person; or (b) if the person is unable to consent, the person's guardian; or (c) if another person requested disability services under section 49(1) on behalf of the person and the Secretary is unable to obtain consent under paragraph (a) or (b), the person who made the request. (4) A person or body that receives a request for information under subsection (2) is authorised to give the information to the Secretary. (5) Subsection (4) has effect despite any other Act or law, other than the **Charter of Human Rights and Responsibilities Act 2006**. (6) The Secretary may determine the appropriate process to enable the Secretary to make a decision as to disability. (7) If the Secretary decides that a formal assessment is necessary, the Secretary must ensure that the formal assessment is commenced within 30 days of receiving the request under section 49(1). (8) Despite subsection (7), the Secretary may— (a) defer the commencement of a formal assessment for up to 3 months after receiving the request under section 49(1); or (b) discontinue any uncompleted formal assessment and defer the undertaking of a further formal assessment for up to 3 months after discontinuing the formal assessment— if the Secretary believes on reasonable grounds that any formal assessment completed before then is unlikely to establish reliably whether or not the person has a disability. S. 50A inserted by No. 9/2023 s. 27.