96When non‑disclosure notations must or may be included

#### 96 When non‑disclosure notations must or may be included (1) The Commissioner must include a non‑disclosure notation in a notice to produce or a private hearing summons if the Commissioner is satisfied that not doing so would reasonably be expected to prejudice: (a) a person’s safety or reputation; or (b) a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or (c) a NACC Act process; or (d) any action taken as a result of a NACC Act process. (2) The Commissioner may include a non‑disclosure notation in a notice to produce or a private hearing summons if the Commissioner is satisfied that: (a) not doing so might prejudice: (i) a person’s safety or reputation; or (ii) a person’s fair trial, if the person has been charged with an offence or such a charge is imminent; or (iii) a NACC Act process; or (iv) any action taken as a result of a NACC Act process; or (b) not doing so might otherwise be contrary to the public interest. (3) The Commissioner must not include a non‑disclosure notation in any other case. Vulnerable persons and persons with disabilities (4) If the Commissioner is aware that a non‑disclosure notation will apply to a person who has a disability or vulnerability that could affect the person’s ability to comply with the notice or summons concerned, the Commissioner must consider including permission in the notation for the disclosure of information to enable the person to obtain assistance in: (a) complying with the notice or summons; or (b) otherwise engaging with the processes of the NACC.