95AAdditional authorisation—Operator publicly disclosing that institution is not participating in the scheme

95A  Additional authorisation—Operator publicly disclosing that institution is not participating in the scheme  (1) The Operator may publicly disclose that a non‑government institution is not a participating institution if:  (a) either or both of the following apply:  (i) a person has applied for redress under the scheme and the application identifies the institution as being involved in the abuse of the person;  (ii) the Operator has reasonable grounds to believe that the institution may be connected with abuse of a person that is within the scope of the scheme; and  (b) the institution is not a participating institution or a partly‑participating institution.  (2) If the Operator does so, the Operator may also publicly disclose any of the following that are applicable:  (a) that an application for redress under the scheme identifies the institution as being involved in abuse;  (b) that the Operator has reasonable grounds to believe that the institution may be connected with abuse;  (c) that the Operator has contacted the institution about participating in the scheme and the institution has not responded to the Operator despite having had a reasonable time to do so;  (d) that the institution has informed the Operator that the institution intends to agree to participate in the scheme;  (e) that the institution has informed the Operator that the institution does not intend to agree to participate in the scheme;  (f) that the institution has informed the Operator that the institution intends to agree to being listed under section 164B (partly‑participating institutions);  (g) that the institution has informed the Operator that the institution does not intend to agree to being listed under section 164B (partly‑participating institutions);  (h) that there are not reasonable grounds for expecting that, if the institution were declared to be a participating institution under section 115, its liabilities under this Act would be discharged;  (i) any other matter prescribed by the rules.  (3) To avoid doubt, the Operator may disclose information under this section even if the information is protected information.  (4) In making a disclosure under this section, the Operator must not disclose the identity of a person who:  (a) has applied for redress under the scheme; or  (b) the Operator has reasonable grounds to believe may have been abused.