sec.228Confidentiality of other information

sec.228 Confidentiality of other information

This section applies to confidential information other than— protected information under section 138ZLA (3) ; or screening information. If a person gains confidential information through involvement in this Act’s administration, the person must not disclose the information to anyone, other than under subsection (4) , (5) or (6) . Maximum penalty—100 penalty units. A person gains information through involvement in this Act’s administration if the person gains the information because of being, or an opportunity given by being— the chief executive; or an employee in the department; or a person contracted by the chief executive to provide disability services or NDIS supports or services for the department; or a person contracted by the department for the purpose of conducting a multidisciplinary assessment, or developing a positive behaviour support plan, under part 6 , division 3 ; or a person authorised by the chief executive to carry out research related to the objects of this Act; or a member of a Ministerial advisory committee. A person may disclose information to someone else— for administering, monitoring or enforcing compliance with, this Act; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if— the person is authorised in writing by the person to whom the information relates; and the person to whom the information relates is an adult when the authorisation is given; or to protect a person with disability from abuse, neglect or exploitation. Also, a person may disclose information to— another department, a funded service provider, an NDIS service provider or another entity to enable the department, service provider or entity to provide for the needs of a person with disability; or the Commonwealth or another entity for the purposes of an agreement with the Commonwealth. The chief executive may— disclose information to the NDIS commissioner if satisfied the disclosure would assist in the performance of the commissioner’s functions under the National Disability Insurance Scheme Act 2013 (Cwlth) ; or disclose information to an entity responsible for the administration or enforcement of a corresponding law if satisfied the disclosure would assist in the performance of the entity’s functions relating to the corresponding law. s 228 amd 2008 No. 23 s 9; 2014 No. 12 s 64;2016 No. 9 s 46; 2019 No. 19 s 41 ; 2020 No. 39 ss 20 , 70 sch 1 ; 2024 No. 50 s 25 (sec.228-ssec.1) This section applies to confidential information other than— protected information under section 138ZLA (3) ; or screening information. (sec.228-ssec.2) If a person gains confidential information through involvement in this Act’s administration, the person must not disclose the information to anyone, other than under subsection (4) , (5) or (6) . Maximum penalty—100 penalty units. (sec.228-ssec.3) A person gains information through involvement in this Act’s administration if the person gains the information because of being, or an opportunity given by being— the chief executive; or an employee in the department; or a person contracted by the chief executive to provide disability services or NDIS supports or services for the department; or a person contracted by the department for the purpose of conducting a multidisciplinary assessment, or developing a positive behaviour support plan, under part 6 , division 3 ; or a person authorised by the chief executive to carry out research related to the objects of this Act; or a member of a Ministerial advisory committee. (sec.228-ssec.4) A person may disclose information to someone else— for administering, monitoring or enforcing compliance with, this Act; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if— the person is authorised in writing by the person to whom the information relates; and the person to whom the information relates is an adult when the authorisation is given; or to protect a person with disability from abuse, neglect or exploitation. (sec.228-ssec.5) Also, a person may disclose information to— another department, a funded service provider, an NDIS service provider or another entity to enable the department, service provider or entity to provide for the needs of a person with disability; or the Commonwealth or another entity for the purposes of an agreement with the Commonwealth. (sec.228-ssec.6) The chief executive may— disclose information to the NDIS commissioner if satisfied the disclosure would assist in the performance of the commissioner’s functions under the National Disability Insurance Scheme Act 2013 (Cwlth) ; or disclose information to an entity responsible for the administration or enforcement of a corresponding law if satisfied the disclosure would assist in the performance of the entity’s functions relating to the corresponding law.