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.