Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.