Section 56 — National Disability Insurance Scheme Act 2013: Written notice of requirement

(1) A requirement under section 55 or 55A must be made by written notice given to the person of whom the requirement is made. (2) The notice must specify: (a) the nature of the information or document that is required to be given or produced; and (b) how the person is to give the information or produce the document; and (c) the period within which the person is to give the information or produce the document to the Agency or Commissioner; and (d) if the notice is given by the CEO—the Agency officer to whom the information is to be given or the document is to be produced; and (da) if the notice is given by the Commissioner—the Commission officer to whom the information is to be given or the document is to be produced; and (e) that the notice is given under this section. (3) The period specified under paragraph (2)(c) must be at least 14 days beginning on the day on which the notice is given (subject to subsection (6) in the case of a notice given by the Commissioner). Notice may require person to appear and answer questions (4) If the notice is given by the CEO: (a) the notice may require the person to give the information by appearing before a specified Agency officer to answer questions; and (b) if paragraph (a) applies—the notice must specify a time and place at which the person is to appear, which must be at least 14 days after the notice is given. (5) If the notice is given by the Commissioner: (a) the notice may require the person to give the information by appearing before a specified Commission officer to answer questions; and (b) if paragraph (a) applies—the notice must specify a time and place at which the person is to appear, which must be at least 14 days after the notice is given (subject to subsection (6)). Notice given by Commissioner may specify shorter period or earlier time (6) However, if all the conditions in subsection (7) are satisfied, the notice may specify: (a) a shorter period for the purposes of subsection (3); or (b) an earlier time for the purposes of paragraph (5)(b). (7) For the purposes of subsection (6), the conditions are as follows: (a) the notice is given by the Commissioner; (b) the Commissioner reasonably believes that not specifying the shorter period or earlier time would significantly increase the risk of serious harm to a participant; (c) the shorter period or earlier time is reasonable in the circumstances.