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Family Violence Protection Amendment
(Information Sharing) Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
General
The Family Violence Protection Amendment (Information Sharing) Bill 2017
amends the Family Violence Protection Act 2008 by establishing an
information sharing scheme designed to enable specified entities to share
information in a timely and effective manner for the purpose of preventing
or reducing family violence. It also seeks to provide for a framework for
achieving consistency in family violence risk assessment and family violence
risk management. Finally, the Bill makes changes to certain other Acts to
reduce or remove barriers to information sharing.
Clause Notes
Part 1--Preliminary
Clause 1 sets out the purpose of the Bill. The main purpose of the Bill
is to amend the Family Violence Protection Act 2008 to
establish an information sharing scheme designed to enable
entities to share family violence information in a timely and
effective manner such that it prevents or reduces family violence.
The Bill also provides for a framework for achieving consistency
in family violence risk assessment and family violence risk
management.
The Bill also makes consequential and miscellaneous
amendments to the Child Wellbeing and Safety Act 2005,
the Children, Youth and Families Act 2005, the Commission
for Children and Young People Act 2012, the Confiscation
Act 1997, the Disability Act 2006, the Education and Training
Reform Act 2006, the Firearms Act 1996, the Freedom of
581236 1 BILL LA INTRODUCTION 21/3/2017
Information Act 1982, the Health Records Act 2001,
the Health Services Act 1988, the Human Services (Complex
Needs) Act 2009, the Infringements Act 2006, the Personal
Safety Intervention Orders Act 2010, the Privacy and Data
Protection Act 2014, the Sentencing Act 1991 and the Victims
of Crime Assistance Act 1996.
Clause 2 is the commencement provision, which provides for the Bill
to come into operation on a day or days to be proclaimed
(other than Division 2 of Part 5 and section 31 and 37), or if a
provision of this Act does not come into operation before 1 July
2018, it comes into operation on that day.
Section 28 (which is in Division 2 of Part 5) comes into
operation on the day on which section 16(1) of the Freedom
of Information Amendment (Office of the Victorian
Information Commissioner) Act 2017 comes into operation.
Section 29 (which is in Division 2 of Part 5) comes into operation
on the day on which section 17 of the Freedom of Information
Amendment (Office of the Victorian Information
Commissioner) Act 2017 comes into operation.
Section 30 (which is in Division 2 of Part 5) comes into operation
on the day on which section 40 of the Freedom of Information
Amendment (Office of the Victorian Information
Commissioner) Act 2017 comes into operation.
Section 31 comes into operation on either the day on which
section 7 comes into operation, or the day on which section 6 of
the Children Legislation Amendment (Reportable Conduct)
Act 2017 comes into operation (whichever date is the later).
Section 37 comes into operation on either the day on which
section 7 comes into operation, or the day on which section 101
of the Medical Treatment Planning and Decision Act 2016
comes in to operation (whichever date is later).
Clause 3 provides that in the Bill the Family Violence Protection
Act 2008 is called the Principal Act.
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Part 2--Amendment of Family Violence Protection Act 2008
Division 1--Definitions
Clause 4 defines terms which will be used in multiple places in the
Principal Act once amended. These definitions are inserted
into section 4 of the Principal Act.
The definitions are--
Administrative Office Head has the same meaning as in the
Public Administration Act 2004;
public entity has the same meaning as in section 4(1) of the
Public Administration Act 2004;
public service body has the same meaning as in section 4(1) of
the Public Administration Act 2004.
Secretary has been amended by including the words "(other than
in Part 11)". The definition of the term Secretary for the
purposes of the Principal Act generally does not apply in relation
to the new Part 11 (inserted by clause 16 of the Bill) as that term
is defined specifically in the new Part 11 for the purposes of that
Part.
Division 2--Information sharing
Clause 5 amends section 2 of the Principal Act to insert a new way by
which the Principal Act aims to achieve its purposes, specifically,
by providing for the sharing of information that is relevant to
assessing and managing a risk of family violence.
Clause 6 inserts a definition of information sharing entity in section 4
of the Principal Act, and gives it the meaning contained in
new section 144D (inserted by clause 7 of the Bill).
Clause 7 provides that new Part 5A is inserted into the Principal Act.
New Part 5A contains the operative provisions of the Bill that set
out key definitions, the objective of the Part, the circumstances in
which information sharing entities can share information under
the new Part and what information sharing entities can do with
information obtained under the new Part.
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The new Part 5A also establishes the Central Information Point
and enables certain types of prescribed information sharing
entities to obtain consolidated and updated information from the
Central Information Point for the purpose of assessing and
managing risks of family violence.
New Division 1 of new Part 5A provides for preliminary matters.
New section 144A defines terms which are used in Part 5A.
These definitions are--
Central Information Point has the meaning set out in the
new section 144O;
CIP data custodian has the meaning set out in the new
section 144F;
CIP purpose has the meaning set out in the new section 144OA;
CIP request has the meaning set out in the new section 144OC;
CIP requester has the meaning set out in the new section 144G;
confidential information means health information; or personal
information, including sensitive information; unique identifiers;
and identifiers. The Bill is intended to cover all types of
information regulated under the Privacy and Data Protection
Act 2014 and the Health Records Act 2001 relevant to
establishing, assessing and managing family violence risk;
consent means express or implied consent;
excluded information has the meaning set out in new
section 144C;
family violence assessment purpose means the purpose of
establishing and assessing the risk of a person committing
family violence or a person being subjected to family violence.
This purpose relates to the initial establishment and assessment
of family violence risk--for example, where a person contacts a
specialist family violence service for the first time and it is not
yet clear who is committing family violence or who is being
subjected to family violence;
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family violence protection purpose means the purpose of
managing a risk of--
• a person committing family violence and includes the
ongoing assessment of the risk of the person committing
family violence; or
• a person being subjected to family violence, and
includes the ongoing assessment of the risk of the
person being subjected to family violence.
This purpose relates to managing the risk of a person committing
family violence or a person being subjected to family violence
once initial risk has been established. Managing risk is about
removing, reducing or preventing the escalation of risk and
includes continual, ongoing risk assessment to understand risk
levels and appropriate service responses;
handling, in relation to confidential information, has the meaning
set out in section 3 of the Privacy and Data Protection
Act 2014 in relation to personal information;
health information has the meaning set out in section 3(1) of the
Health Records Act 2001;
identifier has the meaning set out in section 3(1) of the Health
Records Act 2001;
information sharing entity has the meaning set out in new
section 144D;
linked person means any person whose confidential information
is relevant to a family violence assessment purpose or family
violence protection purpose other than a person who is a primary
person, or is a person of concern, or is alleged to pose a risk of
family violence.
A linked person may simultaneously be considered a primary
person or person of concern in relation to the same family
violence risk. For example, if an information sharing entity was
disclosing confidential information about a primary person who
is a child to protect that same child, the child's parent would be
considered a linked person despite the fact the parent may also be
a primary person in relation to the same family violence risk.
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person of concern has the meaning set out in new section 144B;
personal information has the meaning set out in section 3 of the
Privacy and Data Protection Act 2014;
primary person has the meaning set out in new section 144E;
protection entity means an information sharing entity that is
prescribed to be a protection entity for the purposes of
new section 144D;
risk assessment entity means an information sharing entity that is
prescribed to be a risk assessment entity for the purposes of
new section 144D;
sensitive information has the meaning set out in Schedule 1 to
the Privacy and Data Protection Act 2014;
unique identifier has the meaning set out in Schedule 1 to the
Privacy and Data Protection Act 2014.
New section 144B defines person of concern as a person that
an information sharing entity reasonably believes may commit
family violence. It also states that a respondent (as defined
under section 4 of the Principal Act) may be a person of concern.
A respondent is not assumed to be a person of concern for the
purposes of the information sharing scheme but may be a person
of concern if an information sharing entity forms a reasonable
belief that there is a risk that the person may commit family
violence. This recognises the complexity of family violence
dynamics where a person may be named as a respondent and
affected family member in separate applications for protection.
New section 144C defines the meaning of excluded information.
This is intended to provide for a range of limited circumstances
where confidential information should not be permitted to be
shared under the new Part. The new section sets out that
confidential information is excluded information if the
collection, use or disclosure of that information could be
reasonably expected to--
(a) endanger a person's life or result in physical injury; or
(b) prejudice the investigation of a breach or possible
breach of the law or prejudice the enforcement or proper
administration the law in a particular instance; or
(c) prejudice a coronial inquest or inquiry; or
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(d) prejudice the fair trial of a person or the impartial
adjudication of a particular case; or
(e) disclose a document or a communication that is of such
a nature that it would be privileged from production in
legal proceedings on the ground of legal professional
privilege or client privilege; or
(f) disclose, or enable a person to ascertain, the identity of
a confidential source of information in relation to the
enforcement or administration of the law; or
(g) contravene a court order or a provision made by or
under the Principal Act or any other Act that--
(i) prohibits or restricts, or authorises a court or
tribunal to prohibit or restrict, the publication
or other disclosure of information for or in
connection with any proceeding; or
(ii) requires or authorises a court or tribunal to close
any proceeding to the public; or
(h) be contrary to the public interest.
New section 144D sets out the meaning of information sharing
entity.
Subsection (1) defines an information sharing entity as a
person or body, or class of person or body, prescribed to be
an information sharing entity by the regulations.
Subsection (2) provides that an information sharing entity for the
purposes of the Bill can be prescribed to be a risk assessment
entity, a protection entity or any other category of entity specified
in the regulations.
Subsection (3) states that an information sharing entity must only
share confidential information to the extent permitted by new
Part 5A or the regulations for the category of information sharing
entity to which each information sharing entity belongs.
Subsection (4) clarifies that if a provision of new Part 5A or the
regulations does not specify that it applies to a category of
information sharing entity, that provision or regulation applies to
all information sharing entities. The subsection ensures that the
references to an information sharing entity through Part 5A are
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able to be relied upon by all information sharing entities, unless
otherwise stated.
New section 144E sets out the meaning of primary person.
Subsection (1) provides that a primary person is a person that an
information sharing entity reasonably believes may be subjected
to family violence.
Subsection (2) states that a primary person may be an affected
family member, a child, or a protected person (as defined under
section 4 of the Principal Act). An affected family member,
a child or a protected person is not assumed to be a primary
person for the purposes of the information sharing scheme but
may be a primary person if an information sharing entity forms a
reasonable belief that there is a risk that the person may be
subjected to family violence.
New section 144F defines a CIP data custodian as an
information sharing entity prescribed, or a class of information
sharing entity prescribed, to be a CIP data custodian for the
purposes of the Act. The purpose of differentiating CIP data
custodians from other information sharing entities is to ensure
only a subset of information sharing entities are able to use the
powers created in Division 6 of Part 5A of the Principal Act.
New section 144G permits the Minister to declare, in writing,
an information sharing entity, or a class of information sharing
entity, to be a CIP requester for the purposes of the Act.
New section 144H sets out that the objects of the Part are--
• to provide for the sharing of confidential information
between specified persons and bodies for the purposes
of assessing and managing risks of family violence;
• to promote the coordination of services by those persons
and bodies to further the purposes of the Act; and
• to enable certain information sharing entities to obtain
consolidated and updated information from a central
information point for the purpose of assessing and
managing risks of family violence.
New section 144I provides for how Part 5A will apply to courts
and tribunals. New section 144I states that if a court or tribunal,
the holder of a judicial or quasi-judicial office, a registry or other
office of a court or tribunal, or the staff of such a registry or other
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office in their capacity as members of that staff, are prescribed
to be information sharing entities, the Part does not apply to the
collection, use or disclosure of confidential information by
those persons or bodies in relation to, or for the purposes of,
their judicial or quasi-judicial functions. This is intended to
ensure that the information sharing scheme does not affect the
independence of courts and tribunals, and reflects existing
exemption in section 10 of the Privacy and Data Protection
Act 2014. Together with new sections 144KC(2), 144LC(2) and
144P(4), the Bill makes clear that courts and tribunals will not be
subject to certain obligatory aspects of the information sharing
scheme in a manner that could otherwise impact their judicial
independence.
New section 144J sets out a series of principles that should guide
the appropriate collection, use or disclosure of confidential
information under the scheme. For example, precedence should
be given to the right to be safe from family violence over the
right to privacy when collecting, using or disclosing confidential
information.
Another key principle is that information should only be
collected, used or disclosed about a person who identifies as
Aboriginal or Torres Strait Islander in a manner that promotes the
right to self-determination and is culturally sensitive, and that
information sharing entities should consider the person's familial
and community connections. The inclusion of this principle
recognises that family violence in an indigenous context can
encompass a wide range of physical, emotional, sexual, social,
spiritual, cultural and economic abuse that can occur within
extended families, kinship networks and communities.
In this context, particular care needs to be taken--for example,
in smaller communities--to ensure that a primary person's
information is handled carefully, as a person of concern's
extended family could be linked to a particular service in ways
that are not immediately apparent.
Subsection (3) includes a set of principles to guide information
sharing when assessing risk to the safety of a child or to protect a
child from family violence. The principles include promoting the
agency of the child and other family members at risk of family
violence by ensuring their wishes are taken into account, having
regard to the appropriateness of doing so and the child's age and
maturity.
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As the Bill permits information to be collected, used and
disclosed about a child's other family members at risk of being
subjected to family violence where this is necessary to assess risk
and protect the child, the Bill makes clear that all reasonable
steps must be taken to ensure this is done in a way that plans for
the safety of the child and family members at risk of being
subjected to family violence, and recognises the desirability of
preserving and promoting positive relationships between those
family members and the child. These inclusions acknowledge
that family violence can often be a deliberate attack on a
particular parent-child relationship and it is important that
information sharing does not occur in a way that further
undermines this relationship.
The section also provides that Parliament does not intend the
principles to create any new legal rights, give rise to a cause of
any civil action or affect the interpretation of any other Act. This
ensures the principles are only considered as guidance and do not
limit how information sharing entities may collect, use and
disclose information under the provisions of the Bill.
New Division 2 of new Part 5A provides for information sharing
for a family violence assessment purpose.
Division 2 provides clear authority for information to be shared
for a family violence assessment purpose.
Division 2 allows information to be requested by, and provided
to, risk assessment entities for family violence assessment
purposes. Risk assessment entities will be prescribed by
regulation (see new section 210A inserted by clause 10).
Risk assessment entities will have the broadest powers to request,
collect, use and disclose information for family violence
assessment purposes, including where an allegation has been
made that a particular person poses a risk of family violence.
New section 144K sets out whose confidential information can be
shared for a family violence assessment purpose: a primary
person; a person of concern; a person who is alleged to pose a
risk of family violence; or a linked person.
Unlike information sharing for family violence protection
purposes (see Division 3, new sections 144L to 144LD),
confidential information may be shared for a family violence
assessment purpose about a person alleged to pose a risk of
family violence, before an information sharing entity is required
10
to form a reasonable belief that the person may in fact pose a
risk of committing family violence. This is because one of the
purposes of the assessment includes establishing whether a risk
does in fact exist.
New section 144KA provides for voluntary disclosure of
information for a family violence assessment purpose.
It provides that an information sharing entity may disclose
confidential information to a risk assessment entity for a family
violence assessment purpose if the confidential information is
not excluded information, and that information can be disclosed
under Division 5, new sections 144N to 144ND (which sets out
relevant consent requirements). New section 144KA is intended
to allow information sharing entities to proactively share
confidential information with a risk assessment entity for a
family violence assessment purpose in the absence of a request.
New section 144KA is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144KB sets out how a request for information may
be made.
Subsection (1) provides that a risk assessment entity
(the requesting entity) may request that an information sharing
entity (the responding entity) disclose confidential information to
the requesting entity for a family violence assessment purpose.
Subsection (2) provides that a requesting entity may provide
the responding entity with any confidential information that
may assist the responding entity to identify the confidential
information held by the responding entity that is relevant to the
request and to determine whether to disclose the confidential
information.
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Subsection (3) provides that if a responding entity does not
comply with a request under new section 144KB, it must provide
in writing to the requesting entity the reasons for failing to
comply with the request.
New section 144KB(2) is intended to operate as an authorisation
to disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144KC provides that an information sharing entity
is obliged to disclose confidential information to a risk
assessment entity that has requested the information for a family
violence assessment purpose if the confidential information is
not excluded information, and the disclosure is permitted under
Division 5, new sections 144N to 144ND (which sets out the
consent requirements). Unlike for family violence protection
purposes (see Division 3, new sections 144L to 144LD), the
responding information sharing entity does not need to
reasonably believe that the disclosure is necessary for a family
violence assessment purpose. This is because the risk assessment
entity is authorised to request, collect and use confidential
information to establish or assess risk at the initial stages where
very little might be known.
For example, a specialist family violence service (which has been
prescribed as a risk assessment entity) may receive a call from
someone alleging that their partner has been physically and
emotionally abusive toward them. The specialist family violence
service is unable to obtain fulsome details from the caller who
hangs up abruptly. The Bill permits the specialist family
violence service to request information about the person who is
alleged to pose a family violence risk from other information
sharing entities to establish and assess risk. Responding
information sharing entities must provide any confidential
information requested by the specialist family violence service
that meets the requirements of new section 144KC.
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Subsection (2) of section 144KC expressly states that this
obligation to disclose for a family violence assessment purpose
does not extend to information sharing entities prescribed by
regulation and referred to in the new section 144I such as
courts or tribunals. Nothing in this Bill is intended to oblige
information sharing entities referred to in the new section 144I to
be subject to obligations that may impact their independence in
performing judicial or quasi-judicial functions.
New section 144KC is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144KD provides that a risk assessment entity may
collect or use any confidential information disclosed to it under
the new Division 2 for a family violence assessment purpose.
This is intended to clarify that if an information sharing entity is
permitted to disclose information to a risk assessment entity for a
family violence assessment purpose, the receiving risk
assessment entity is expressly permitted to collect and use it for
that purpose.
New section 144KD is intended to operate as an authorisation to
use information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
In relation to collection of confidential information, it is relevant
that clauses 18 and 20 of the Bill insert new section 14B into the
Health Records Act 2001 and 15A in the Privacy and Data
Protection Act 2014 (respectively), which displace certain
collection requirements in relation to a person who is a person of
13
concern, or who is alleged to pose a risk of committing family
violence.
New Division 3 of new Part 5A provides for information sharing
for a family violence protection purpose.
New Division 3 provides clear authority for information sharing
entities to share confidential information for family violence
protection purposes--that is, once initial risk in relation to a
person has been established or assessed, information sharing
entities are permitted to request information from, and disclose
information to, each other in order to manage the risk of that
person committing family violence or being subjected to family
violence.
Compared to information sharing for family violence assessment
purposes, the key differences in Division 3 relate to the persons
about whom confidential information can be shared, the
purpose for which it may be shared and the requirement that an
information sharing responding entity responding to a request for
confidential information must first form a reasonable belief that
the information is necessary for a family violence protection
purpose.
New section 144L sets out whose confidential information can be
shared for a family violence protection purpose.
Unlike for a family violence assessment purpose, information
cannot be requested or disclosed about a person alleged to pose
a risk of family violence, unless an information sharing entity
reasonably believes there is a risk that the person may commit
family violence. This is to ensure that information is only shared
among the broader group of information sharing entities once risk
has been established or assessed and an information sharing
entity has formed a reasonable belief that a person may commit
family violence.
New section 144LA sets out that an information sharing entity
may voluntarily disclose confidential information to another
information sharing entity for a family violence protection
purpose, provided the confidential information is not excluded
information and the disclosure is permitted under Division 5
(which sets out relevant consent requirements). This section is
intended to allow information sharing entities to proactively
share confidential information with each other for a family
violence protection purpose in the absence of a request.
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For example, an information sharing entity (such as Victoria
Police, if prescribed) may have in its possession information
about a known person of concern having been recently charged
with a particular offence that is considered to be an evidence-
based risk factor that indicates an increased level of risk to a
primary person, such as an offence relating to possession of an
illegal firearm. The information sharing entity may disclose that
information to another information sharing entity (such as the
relevant primary person's case worker at specialist family
violence service that is a prescribed information sharing entity)
if the disclosure is for a family violence protection purpose and
the relevant information is not excluded information.
New section 144LA is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144LB sets out how a request for confidential
information may be made.
Subsection (1) states that an information sharing entity
(the requesting entity) may request that an information sharing
entity (the responding entity) disclose confidential information
to the requesting entity for a family violence protection purpose.
Subsection (2) provides that a requesting entity may provide
the responding entity with any confidential information that
may assist the responding entity to identify the confidential
information held by the responding entity that is relevant to the
request and to determine whether to disclose the confidential
information.
Subsection (3) states that if a responding entity does not comply
with a request, it must provide in writing to the requesting entity
the reasons for failing to comply with the request.
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New section 144LB is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144LC sets out the obligation to disclose for a
family violence purpose.
Subsection (1) provides that upon request, a responding entity
must disclose confidential information to the requesting entity if
the responding entity reasonably believes that the disclosure of
confidential information to the requesting entity is necessary for a
family violence protection purpose, the confidential information
is not excluded information and the disclosure is permitted under
Division 5, new sections 144N to 144ND (which sets out relevant
consent requirements). Unlike requests for information for a
family violence assessment purpose, the responding entity must
form a reasonable belief that disclosure is necessary for a family
violence protection purpose. This is intended to ensure only
relevant confidential information is shared for a family violence
protection purpose among the broader group of information
sharing entities.
Subsection (2) expressly states that this obligation to disclose
for a family violence protection purpose does not extend to
information sharing entities prescribed by regulation and referred
to in the new section 144I such as courts or tribunals. Nothing in
this Bill is intended to oblige information sharing entities referred
to in the new section 144I to be subject to obligations that may
impact their independence in performing judicial or quasi-judicial
functions.
New section 144LC is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
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• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144LD provides that an information sharing entity
may collect or use any confidential information disclosed to it
under the new Division 3 for a family violence protection
purpose. This is intended to clarify that if an information sharing
entity is permitted to disclose information to another information
sharing entity for a family violence protection purpose, the
recipient information sharing entity is expressly permitted to use
and collect it for that purpose.
New section 144LD is intended to operate as an authorisation to
use information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
In relation to collection of confidential information, it is relevant
that clauses 18 and 20 of the Bill inserts new section 14B into the
Health Records Act 2001 and 15A in the Privacy and Data
Protection Act 2014 (respectively), which displace certain
collection requirements in relation to a person who is a person of
concern, or who is alleged to pose a risk of committing family
violence.
New Division 4 of new Part 5A is in relation to sharing
information with primary persons.
New section 144M outlines the circumstances where confidential
information may be disclosed to a primary person.
Subsection (1) provides that an information sharing entity may
disclose confidential information about a person of concern to a
primary person for a family violence protection purpose if the
confidential information is not excluded information (as set out
in new section 144C). The Bill does not intend to create any
obligation or mandatory duty to disclose information to a primary
person. For example, an information sharing entity may advise a
primary person that a person of concern has been granted bail so
17
the primary person is in a better position to manage any safety
risks posed by the person of concern.
Subsection (2) provides that if the primary person is a child, an
information sharing entity may disclose confidential information
about a person of concern, if it is not excluded information, to the
child or a person who is a parent of the child (other than a person
who is a person of concern in relation to the child). The term
parent has a broad definition under section 4 of the Principal Act
to include a person who has responsibility for the long-term
welfare of the child and with whom the child regularly or
normally resides.
New section 144M is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144MA prohibits a person who has received
confidential information under new section 144M to use or
disclose information except for the purposes of managing the
primary person's risk of being subjected to family violence or as
permitted by or under another Act. This section is intended to
ensure that a person who receives confidential information about
the person of concern does not use or disclose this information
inappropriately.
New Division 5 of new Part 5A sets out the requirements in
relation to consent.
New section 144N sets out that an information sharing entity may
collect, use and disclose confidential information about a person
of concern or a person alleged by another as posing a risk of
family violence without their consent. This allows information
sharing entities to share confidential information about persons of
concern or persons alleged to pose a risk of family violence to
establish, assess and manage their risk of committing family
violence without their consent.
18
New section 144NA sets out that an information sharing entity
must not collect, use or disclose confidential information about a
primary person who is an adult for the purposes of new Part 5A,
unless the primary person consents to the collection, use or
disclosure or the information sharing entity reasonably believes
that the collection, use or disclosure is necessary to lessen or
prevent a serious threat to an individual's life, health, safety or
welfare.
New section 144NB sets out that an information sharing entity
must not collect, use or disclose confidential information about a
linked person for the purposes of new Part 5A unless the linked
person consents to the collection, use or disclosure or the
information sharing entity reasonably believes that the collection,
use or disclosure is necessary to lessen or prevent a serious threat
to an individual's life, health, safety or welfare.
New section 144NC sets out the consent requirements for a
primary person who is a child.
Subsection (1) provides that an information sharing entity may
collect, use and disclose confidential information about a primary
person who is a child without the consent of any person if--
• the collection, use or disclosure is for a family violence
protection purpose relating to a primary person who is a
child; or
• the collection, use or disclosure is for, or made to, a risk
assessment entity for a family violence risk assessment
purpose relating to a primary person who is a child.
Subsection (2) provides that, despite new sections 144NA and
144NB, an information sharing entity may collect, use and
disclose confidential information about a primary person who is
an adult or a linked person (related person) without the consent
of that related person if that information relates to confidential
information about a primary person who is a child, and it is only
collected, used and disclosed for a family violence protection
purpose or a family violence assessment purpose relating to a
primary person who is a child.
19
The effect of section 144NC is that confidential information
about a primary person (regardless of age) or linked person can
be collected, used or disclosed without consent, where the
purpose of the collection, use or disclosure relates to a primary
person who is a child.
New section 144ND outlines how capacity to consent operates
under new Part 5A.
Subsection (1) provides that where an information sharing entity
requires consent of a primary person or linked person before
disclosing confidential information under new Part 5A and that
person is incapable of giving consent, the information sharing
entity may obtain consent from that person's authorised
representative unless the authorised representative is a person
of concern or is alleged to pose a risk of family violence.
This ensures that a person of concern or someone alleged to pose
a risk of family violence cannot act as the primary person's
authorised representative for the purposes of consenting to
disclosure under new Part 5A.
Subsection (2) sets out that a primary person or linked person is
incapable of giving consent if the person is incapable by reason
of age, injury, disease, illness, disability, physical impairment or
mental disorder of understanding the general nature and effect of
giving consent or communicating the consent or refusal of
consent.
Subsection (3) sets out definitions for the purposes of new
section 144ND. An authorised representative is defined in
relation to a primary person or linked person as a person who is:
the primary or linked person's guardian; an agent for the primary
person or person of concern within the Medical Treatment
Act 1988; an administrator or person responsible within the
meaning of the Guardianship and Administration Act 1986; or
is otherwise empowered under law to perform any functions or
duties or exercise powers as an agent of or in the best interests of
the primary person or linked person. Disability is defined to have
the same meaning as in the Disability Act 2006. Guardian is
already defined in section 4 of the Principal Act.
New Division 6 of new Part 5A sets out the provisions in relation
to the Central Information Point.
20
New section 144O establishes the Central Information Point.
Subsection (1) provides that the Central Information Point may
be the Secretary of the Department responsible to the Minister
administering the new Part 5A or, if an Administrative Office
Head is prescribed by the regulations, that Administrative Office
Head. This is designed to provide flexibility in how the Central
Information Point may be established and develop over time.
Subsection (2) provides that the Central Information Point is
not, in that capacity, an information sharing entity, even if the
relevant person or Administrative Office Head is an information
sharing entity for the purposes of the new Part 5A. This is
intended to ensure the Central Information Point is not subject
to the requirements of other information sharing entities given
its functions are not compatible with those requirements.
For example, requests to the Central Information Point
should occur through new section 144OC, rather than new
sections 144KB and 144LB.
New section 144OA sets out the purposes of the Central
Information Point and defines each of them to be a CIP purpose.
The CIP purposes include receiving and responding to CIP
requests, and providing CIP requesters and CIP data custodians
with new or updated information in relation to previous CIP
requests.
New section 144OB specifically permits the Central Information
Point to do certain things for a CIP purpose, including requesting
and collecting confidential information from a CIP requester or
CIP data custodian, disclosing confidential information to a
CIP requester or CIP data custodian, and using confidential
information collected from a CIP requester or CIP data custodian.
These authorisations ensure the Central Information Point is
able to act as conduit of confidential information between
CIP requesters and CIP data custodians. The type of confidential
information disclosed under new section 144OB would include
CIP requests and the outcome of a CIP request, such as a report.
New section 144OB is intended to operate as an authorisation to
use and disclose information by or under law for the purposes
of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
21
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
In relation to collection of confidential information, it is relevant
that clauses 18 and 20 of the Bill insert new section 14B(2) into
the Health Records Act 2001 and 15A(3) and (5) in the Privacy
and Data Protection Act 2014 (respectively), which displace
certain collection requirements in relation to any individual.
New section 144OC outlines the two types of CIP requests.
Subsection (1) provides that a CIP requester may request
confidential information from the Central Information Point for a
family violence assessment (if the CIP requester is an assessment
entity) or protection purpose (in any case).
Subsection (2) defines requests under new section 144OC(1) as a
CIP request.
New section 144OD permits a CIP requester to disclose
confidential information to the Central Information Point.
Subsection (2) requires that the purpose of the disclosure must be
to assist one or more of the CIP data custodians to--
• identify the confidential information held by CIP data
custodians that is relevant to the request; and
• determine whether it is permitted to disclose the
requested confidential information to the Central
Information Point under new section 144OE.
The Central Information Point is authorised to then disclose the
information collected under section 144OD(2) to a CIP data
custodian under new section 144OB(b).
New section 144OD is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
22
New section 144OE permits CIP data custodians to disclose
confidential information to the Central Information Point if--
• the Central Information Point has requested the
confidential information; and
• the CIP data custodian could have disclosed the
requested information to the CIP requester in
accordance with the new Part 5A (i.e. under Division 2
or Division 3), had the CIP requester requested the
information directly from the CIP data custodian.
This section is intended to be read in conjunction with
new section 144OH.
Subsection (1) ensures that confidential information disclosed by
the Central Information Point in response to a CIP request has to
meet the same requirements as a disclosure under Division 2 or
Division 3 of new Part 5A. This is further clarified in new
section 144OH which states that a reference in subsection (1) to a
CIP data custodian is a reference to the CIP data custodian in its
capacity as an information sharing entity.
Subsection (2) clarifies that a CIP data custodian is not obliged
to disclose confidential information to the Central Information
Point. However, a CIP requester may directly request the
confidential information from the CIP data custodian, in
its capacity as an information sharing entity, under new
sections 144KB and 144LB (which both contain an obligation
to respond).
New section 144OE is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144OF permits CIP data custodians to disclose
confidential information to other CIP data custodians if the
Central Information Point has requested confidential information
for the purposes of a CIP request and the disclosure relates to
that CIP request. This will allow CIP data custodians to disclose
23
information to one another for the purposes of responding to
the CIP request, including taking steps to accurately identify
the individual who is the subject of the request and search for
relevant information relating to the relevant individual, as well
as resolve any inconsistencies with the information or data held
by another CIP data custodian.
In addition, new section 144OH clarifies that a reference in new
section 144OF to a CIP data custodian is a reference to the CIP
data custodian in its capacity as an information sharing entity.
New section 144OF is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144OG permits CIP requesters and CIP data
custodians to disclose confidential information to the Central
Information Point, on their own initiative, if the purpose of
disclosing the information is to provide the Central Information
Point with updated information relevant to a previous CIP
request. This will ensure CIP requesters and CIP data
custodians are not prevented from being able to disclose updated
information to the Central Information Point if it relates to a
previous CIP request and it is apparent that confidential
information previously disclosed to the Central Information Point
should be updated (for example, because it may no longer be
accurate).
In addition, new section 144OH clarifies that a reference in new
section 144OG to a CIP data custodian or CIP requester is a
reference to the CIP data custodian or CIP requester in its
capacity as an information sharing entity.
New section 144OG is intended to operate as an authorisation to
disclose information by or under law for the purposes of--
• Information Privacy Principle 2.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
24
• Health Privacy Principle 2.2(c) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 6.2(b) in Schedule 1 to the
Privacy Act 1988 of the Commonwealth.
New section 144OH states that a reference in section
144OE(1)(b), 144OF(c), or 144OG(b) to a CIP data custodian
or a CIP requester is a reference to the CIP data custodian or
CIP requestor in its capacity as an information sharing entity.
New section 144OI allows the Central Information Point to
delegate to a person any of its powers under the Principal Act,
except the power of delegation.
New Division 7 of new Part 5A provides for guidelines,
protected disclosures and recording requirements.
New section 144P provides that the Minister may issue
guidelines in relation to the operation of new Part 5A.
Such guidelines will assist information sharing entities to
understand their obligations under new Part 5A and ensure that
information is shared in a way that appropriately balances
the safety needs of family violence victims with individuals'
rights to privacy.
Subsection (1) provides the Minister with the power to issue
guidelines, which can include requirements which information
sharing entities must comply with to demonstrate their capacity
to handle confidential information under new Part 5A of the
Principal Act. These requirements will help ensure only
information sharing entities with appropriate capacity are
prescribed under Part 5A.
Subsection (2) of new section 144P requires the Minister to
publish any guidelines on an appropriate Internet site as soon as
practicable after the guidelines are issued.
Subsection (3) of new section 144P requires information sharing
entities to comply with any guidelines that are issued in
accordance with this section when handling confidential
information under new Part 5A.
Subsection (4) of new section 144P provides that the guidelines
will not apply to any information sharing entities referred to in
new section 144I, which includes courts and tribunals.
25
This means that these organisations will not be required to
comply with the guidelines.
Subsection (5) of new section 144P provides that any guidelines
issued under this section are not legislative instruments within the
meaning of the Subordinate Legislation Act 1994.
New section 144PA provides that a disclosure made under the
new Part 5A in good faith and with reasonable care does not for
any purpose constitute unprofessional conduct or a breach of
professional ethics on the part of the individual by whom it was
made, does not make the individual by whom it was made subject
to any liability in respect of it, and does not constitute a
contravention by the individual of any other Act. The purpose of
new section 144PA is to ensure that individuals are protected
when disclosing information to assess risk or manage the safety
of a victim of family violence.
The protection only applies to individuals and not organisations.
As such, the protection is not intended to prevent a complaint
against an organisation under Division 8 of Part 3 of the Privacy
and Data Protection Act 2014 or Part 6 of the Health Records
Act 2001.
New section 144PB provides that an information sharing entity
and the Central Information Point must record prescribed
information in respect of the collection, use and disclosure of
confidential information in accordance with new Part 5A and the
regulations. This will enable the regulations to require that
information sharing entities and the Central Information Point
keep a record of certain transactions that would enable the
effective review of the family violence information sharing
scheme.
New Division 8 of new Part 5A provides for the relationship of
new Part 5A with other Acts.
New section 144Q provides that the new Part 5A does not affect
the collection, use or disclosure of confidential information by an
information sharing entity or the Central Information Point that
would otherwise be permitted by or under the Privacy and Data
Protection Act 2014, the Health Records Act 2001, the
Principal Act or any other Act.
26
The effect of new section 144Q is to ensure that any handling
of information by information sharing entities that is already
authorised under an Act can continue to occur. For example, if
confidential information relating to a primary person who is an
adult could be disclosed for the purpose of another Act, then
consent of the primary person would not be required under new
section 144NA.
New section 144QA outlines the circumstances in which an
information sharing entity may refuse to provide access to
confidential information. The purpose of new section 144QA
is to ensure that persons of concern or a person who is alleged
to pose a risk of committing family violence cannot access
confidential information about themselves, where doing so would
increase the risk of a primary person being subjected to family
violence.
New section 144QA is intended to operate as an authorisation by
or under law to refuse access to information for the purposes of--
• Information Privacy Principle 6.1(f) in Schedule 1 to the
Privacy and Data Protection Act 2014;
• Health Privacy Principle 6.1(g) in Schedule 1 to the
Health Records Act 2001; and
• Australian Privacy Principle 12.3(g) in Schedule 1 to
the Privacy Act 1988 of the Commonwealth.
New section 144QB provides that the Privacy and Data
Protection Act 2014 will be applied to the handling of personal
information under new Part 5A by an information sharing entity
that is not an organisation within the meaning of the Privacy and
Data Protection Act 2014 or subject to the Commonwealth
Privacy Act 1988 or that Act applied as a law of Victoria by any
other law. The provision ensures that all information sharing
entities are subject to either the Commonwealth or Victorian
privacy laws in relation to their handling of information under
new Part 5A, including the complaint provisions in relation to
interferences with the privacy of an individual.
New section 144QC provides that an information sharing entity is
authorised to collect, use or disclose confidential information in
accordance with new Part 5A and the Regulations, despite
anything to the contrary in a provision of an Act that is specified
in Schedule 1, or prescribed for the purposes of section 144QC.
27
New section 144QC recognises that numerous other Acts contain
provisions that may impede the disclosure of information
relevant to family violence assessment and protection.
By allowing further provisions to be prescribed by regulation,
new section 144QC provides for a flexible and responsive
approach to dealing with the interaction between the new
information sharing scheme and information provisions in other
Acts.
The effect of new section 144QC is to authorise information
sharing entities to collect, use or disclose confidential
information for the purposes of new Part 5A where this would
otherwise be prohibited by the listed provisions. Unless listed at
new Schedule 1, or prescribed for the purposes of new
section 144QC, provisions that currently limit the collection, use
or disclosure of information to specified classes of persons, such
as section 64 of the Sex Offenders Registration Act 2004,
section 189 of the Serious Sex Offenders (Detention and
Supervision) Act 2009 and sections 104ZY, 104ZYA, 104ZZ
and 104ZZA of the Corrections Act 1986, will continue to
restrict who can collect, use or disclose such information.
New section 144QD provides that sections 3 and 4 of the
Judicial Proceedings Reports Act 1957 do not prevent a
disclosure of confidential information that is made by an
information sharing entity for the purposes of new Part 5A.
New section 144QE provides an exemption from the Freedom of
Information Act 1982 for documents that are in the possession
of the Central Information Point, to the extent to which the
document discloses confidential information about a primary
person, a person of concern, a person alleged to pose a risk of
family violence or a linked person.
New Division 9 of new Part 5A contains offences.
New section 144R prohibits the unauthorised use or disclosure
of confidential information shared under new Part 5A.
Contravention of this provision attracts a maximum penalty of
60 penalty units for a natural person or 300 penalty units for a
body corporate. This provision is intended to ensure that a
person with access to confidential information shared in
accordance with new Part 5A does not use or disclose that
information otherwise than accordance with Part 5A.
28
Subsection (2) of new section 144R provides that it is a defence
for a person charged with unauthorised use or disclosure of
confidential information to prove that the use or disclosure of that
information was done in good faith and with reasonable care.
Subsection (3) provides that the offence of unauthorised use or
disclosure will not apply to appropriate uses or disclosures of
confidential information made--
(a) with the consent of the person to whom the information
relates;
(b) with the consent of a person (other than a person of
concern or a person alleged to pose a risk of family
violence) who is a parent of the person who is a child to
whom the information relates;
(c) to a court or tribunal in the course of legal proceedings;
(d) pursuant to an order of a court or tribunal;
(e) to the extent reasonably required to enable the
investigation or the enforcement of a law of Victoria,
any other state or territory or the Commonwealth;
(f) to an Australian legal practitioner for the purposes of
obtaining legal advice or representation;
(g) as required or authorised by or under the Family
Violence Protection Act 2008 or any other Act.
Subsection (4) provides that the offence of unauthorised use or
disclosure of confidential information will not apply to a primary
person who is provided with information under section 144M.
This ensures primary persons are not subject to the offence,
which may otherwise limit their willingness to use the
confidential information to help manage their risk of being
subject to family violence.
New section 144RA prohibits the intentional or reckless
unauthorised use or disclosure of confidential information shared
in accordance with new Part 5A. Contravention of this provision
attracts a maximum penalty of 600 penalty units or 5 years
imprisonment or both for a natural person or 3000 penalty units
for a body corporate. This provision is intended to ensure that a
person that acquires confidential information in accordance with
new Part 5A does not intentionally or recklessly use or disclose
29
that information for another purpose or with disregard to the
consequences of sharing that information.
Subsection (2) provides that the offence of intentional or reckless
unauthorised use or disclosure will not apply to the use or
disclosure of confidential information made for certain other
legitimate purposes, including where authorised or required by
another law or court order or where required to investigate the
enforcement of a law of for the purposes of obtaining legal
advice.
Subsection (3) provides that the offence of intentional or reckless
unauthorised use or disclosure of confidential information will
not apply to a primary person who is provided with information
under section 144M. This ensures primary persons are not
subject to the offence, which may otherwise limit their
willingness to use the confidential information to help manage
their risk of being subject to family violence.
New Division 10 of new Part 5A provides for review of new
Part 5A.
New section 144S outlines how the Part is to be reviewed.
Subsection (1) requires the responsible Minister to cause a review
of the operation of new Part 5A to be conducted within 2 years of
commencement of the new Part.
Subsection (2) of new section 144S requires the responsible
Minister to cause a review of the operation of new Part 5A to be
conducted within 5 years of commencement of the new Part.
Subsection (3) of new section 144S empowers the Minister to
specify any matters to be considered for the purposes of these
reviews.
Clause 8 inserts new Division 1A (offences by bodies corporate) into
Part 13 of the Principal Act.
This Division sets out the liability of a body corporate and the
body corporate's employees, agents or officers when offences are
committed by a body corporate.
New section 208A provides that any conduct engaged in or on
behalf of a body corporate by an employee, agent or officer is
imputed to be conduct also engaged in by the body corporate.
30
New section 208B provides that if a body corporate commits an
offence under new section 144R or 144RA, an officer of the body
corporate also commits that offence if the officer--
(a) authorised or permitted the commission of the offence
by the body corporate; or
(b) was knowingly concerned in any way by act or omission
in the commission of the offence by the body corporate.
Subsection (3) of new section 208B provides that an officer of
a body corporate may rely on a defence that would be available
to the body corporate if it were charged with the offence.
The officer would bear the same burden of proof that the body
corporate would bear.
Subsection (4) of new section 208B provides that an officer of a
body corporate may commit an offence whether or not the body
corporate has been prosecuted for or found guilty of an offence
against that provision.
Subsection (5) of new section 208B provides that a body
corporate has the same meaning as corporation in section 57A
of the Corporations Act 2001 and that officer in relation to a
body corporate means a person who is an officer as defined by
section 9 of the Corporations Act 2001 or a person who is
concerned in, or takes part in, the management of the body
corporate.
Subsection (6) of new section 208B states that the operation of
section 323 or 324 of the Crimes Act 1958 will not be affected
by this section.
Clause 9 amends the heading in section 211 of the Principal Act. The new
heading will be "General regulation making power" which
reflects that the powers set out in section 211 are with respect to
matters or things required by the Principal Act generally to be
prescribed to give effect to the Principal Act.
Clause 10 inserts new section 210A that outlines the regulation making
power for the purposes of new Part 5A. The regulation making
power allows for flexibility in determining the information
sharing entities, and categories of information sharing entities,
that are permitted to collect, use or disclose information under the
new Part 5A. Given the information sharing entities to be
prescribed under the Bill may change by regulation, the
31
regulation making power also allows for corresponding flexibility
in prescribing restrictions and requirements, to ensure that an
information sharing entity's access to confidential information
can be limited where appropriate and that information sharing
entities can be subject to requirements such as record keeping to
further ensure confidential information is collected, used and
disclosed appropriately.
Subsection (2) of new section 210A sets out the matters that
regulations may prescribe. This includes in subsections (2)(a),
(b) and (c), the ability to prescribe a person or body as a,
information sharing entity, risk assessment entity or a protection
entity.
Subsections (2)(e), (f) and (g) of new section 210A provide that
regulations may be made with respect to the type of information
that can be handled, the purpose for which information may be
disclosed and that prohibit or regulate the disclosure of
confidential information between the categories of information
sharing entities. Subsection (2)(g) provides that specified
persons employed by or parts of an information sharing entity
may be prescribed to perform specified functions or exercise
specified powers on behalf of an information sharing entity,
including by specifying a business unit, branch or area of an
information sharing entity. These provisions will provide the
flexibility to limit information sharing to the relevant parts of
organisations necessary to assess risk and manage safety from
family violence in order to appropriately balance the safety of
victims of family violence with the right to privacy.
Subsections (2)(i) and (j) permit regulations to be made
prescribing a person to be the Central Information Point and
prescribing an information sharing entity to be a CIP data
custodian (for the purposes of Division 6 of the new Part 5A).
Subsections (2)(k) and (l) provide that recording requirements to
be observed by an information sharing entity can be prescribed as
can the data to be recorded by information sharing entities.
Subsection (3) sets out examples of persons or classes of persons
that may be prescribed, including nurses, police officers,
teachers, psychologists and medical practitioners.
Subsection (4) sets out examples of bodies or classes of bodies
that may be prescribed, including schools, health service
providers, public bodies and community service organisations
32
funded by the State government to provide services to individuals
affected by family violence.
Subsection (5) provides that the regulations made for the
purposes of the new section 210A(2)(a), (b) or (g)--that is,
regulations prescribing persons or bodies to be information
sharing entities, or specific persons employed by or parts of
information sharing entities--may prescribe a person or body
specified in new section 144I, such as courts and tribunals, if the
prescription of that person or body is in respect of a function
other than a judicial or quasi-judicial function, involving the
handling of confidential information performed by that person or
body.
Clause 11 inserts new subsection (3) into section 211 of the Principal Act.
This new subsection provides that the regulation making power is
broad and can be as general or limited as necessary and can apply
to impose a duty on specified persons or classes of persons.
Clause 12 states that at the end of section 167 of the Principal Act, an
exception is inserted so that section 166(2) does not prevent a
disclosure that is made by an information sharing entity for the
purposes of new Part 5A.
Section 166 of the Principal Act prohibits a person from
publishing, or causing to be published, any particulars likely to
lead to the identification of a party of a proceeding, a witness in a
proceeding or a person the subject of an order, or if the person is
a child, the particular venue of the court. Such information may
be relevant to a family violence assessment purpose or a family
violence protection purpose and so the new section 167(2)
clarifies that this restriction on publication does not prevent
lawful disclosures by an information sharing entity under the
new Part 5A of the Principal Act.
Clause 13 provides that a new section 207(3A) is inserted in the Principal
Act so that information provided by an organisation under
section 207(2) may be used or disclosed in accordance with
new Part 5A.
Section 207(2) of the Principal Act requires an organisation to
provide a police officer with information about a respondent for
the purpose of locating the respondent to effect service of a
document under the Act.
33
Section 207(3) of the Principal Act prohibits a police officer who
receives information under section 207(2) from using that
information for any purpose other than locating the respondent to
effect service, and from disclosing that information to any person
other than another police officer or the court.
Clause 14 inserts a new Schedule 1 to the Principal Act and specifies
individual provisions from various Acts for the purposes of new
section 144QC, as follows--
1. Sections 36(5), 205(2)(b), 206(2), 207(2), 210(2)(b) and
211(2) of the Children, Youth and Families Act 2005
2. Section 55 of the Commission for Children and Young
People Act 2015
3. Section 140 of the Confiscation Act 1997
4. Sections 36 and 128 of the Disability Act 2006
5. Sections 5.3A.10 and 5.3A.14 of the Education and
Training Reform Act 2006
6. Section 181 of the Firearms Act 1996
7. Section 164 of the Infringements Act 2006
8. Section 23(2) and (3) of the Human Services (Complex
Needs) Act 2008
Division 3--Family violence risk assessment and
risk management framework
Clause 15 makes minor amendments to section 2 of the Principal Act by
substituting "notices" for "notices; and". It also includes the
explanation of the framework's purpose, being to provide for a
framework for achieving consistency in family violence risk
assessment and family violence risk management.
Clause 16 inserts a new Part 11 (Family Violence and Risk Assessment and
Risk Management Framework) into the Principal Act.
New section 188 provides the definitions used in new Part 11.
approved framework means the Family Violence Risk
Assessment and Risk Management Framework approved by the
Minister under section 189 as amended from time to time;
34
framework organisation means a body prescribed to be a
framework organisation for the purposes of this Part;
Secretary means the Department Head of the Minister's
department;
section 191 agency means an agency--
(a) that a public service body or public entity enters into or
renews a contract or agreement with in accordance with
new section 191; and
(b) that provides services under that contract or agreement
that are relevant to family violence risk assessment or
family violence risk management;
State contract has the same meaning as it has in section 3 of the
Privacy and Data Protection Act 2014.
New section 189 sets out the approval requirements for the
framework.
Subsection (1) provides that the Minister may approve a
framework for family violence risk assessment and family
violence risk management.
Subsection (2) states that the framework is to be known as the
"Family Violence Risk Assessment and Risk Management
Framework".
Subsection (3) provides that the Minister may also approve
amendments to an approved framework at any time.
Subsection (4) provides that a framework approved under new
section 189 is a legislative instrument with the meaning of the
Subordinate Legislation Act 1994.
Subsection (5) gives the Minister the power, by instrument, to
delegate any power given to the Minister under new section 189
to the Secretary, except the power to further delegate.
New section 190 places an obligation upon framework
organisations to ensure that these organisations must ensure that
its policies, procedures, practice guidance and tools align with the
framework.
New section 191 provides that a public service body or public
entity must not enter into or renew a State contract or other
contract or agreement with an agency for the provisions of
35
services relevant to family violence risk assessment or risk
management unless a term of the State contract or other contract
or agreement requires that the agency aligns its policies,
procedures, practice guidance and tools with the approved
framework.
New section 192 sets out the annual reporting requirements for
an approved framework.
Subsection (1) requires that a Minister who has responsibility for
a framework organisation or section 191 agency must, in each
financial year, prepare an annual report of the prescribed matters
that relate to the implementation and operation of the approved
framework by each framework organisation and section 191
agency for which that Minister is responsible.
Subsection (2) provides that Minister is then responsible for
providing a copy of the report to the Minister responsible for
administering new Part 11 within 3 months after the end of the
financial year to which the report relates.
New section 193 provides that the Minister responsible for
administering new Part 11 prepare a consolidated annual report
relating to the implementation of the approved framework by
framework organisations and section 191 agencies. This report
must be laid before each House of Parliament within 6 sitting
days after 1 January in the financial year immediately following
the financial year to which the report relates.
New section 194 states that the Minister must ensure that a
review of the operation of the approved framework is conducted
within 5 years of the commencement of new Part 11. It also
states that the Minister must cause a further review of the
operation of the approved framework to be conducted
periodically every 5 years after the date on which the first review
is completed.
Subsection (3) provides that a review must assess whether the
approved framework reflects the current evidence of best
practices of family violence risk assessment and risk
management and it must recommend the changes required to
ensure the approved framework is consistent with best practice.
New section 195 requires that the Minister must ensure that a
review of new Part 11 is conducted within 5 years after the
commencement of the new Part.
36
Subsection (2) states that a review must assess the extent to
which new Part 11 is achieving the objective of providing a
framework for achieving consistency in family violence risk
assessment and family violence risk management, and
recommend any changes required, if any.
New section 196 clarifies that Parliament does not intend for the
Part to create in any person any legal right or give rise to any
civil cause of action.
Clause 17 inserts a new section 210B in the Principal Act.
New section 210B states that the Governor in Council may make
regulations for or with respect to any matter or thing required or
permitted by the Act to be prescribed or necessary to be
prescribed to give effect to new Part 11 of the Principal Act.
Subsection (2) states that the Governor in Council may make
regulations for or with respect to prescribing a body or class of
body to be a framework organisation and prescribing matters to
be reported on in an annual report.
Part 3--Amendment of the Health Records Act 2001
Clause 18 inserts a new section 14B in the Health Records Act 2001 which
displaces a number of Health Privacy Principles (HPPs).
Subsection (1) provides there will be no requirement for
information sharing entities to collect information directly from a
person of concern or person who is alleged to pose a risk of
family violence (HPP 1.3) or provide a collection notice where
their information has been collected from a third party (HPP 1.5).
This ensures there will be no requirement for information sharing
entities to collect health information directly from a person of
concern or person who is alleged to pose a risk of family violence
(HPP 1.3) or provide a collection notice where their information
has been collected from a third party (HPP 1.5).
Subsection (2) provides nothing in HPP 1.3 or 1.5 applies to the
collection of health information about an individual by the
Central Information Point for the purposes of new Part 5A of the
Principal Act.
37
Subsection (2) is consistent with the purposes of the Central
Information Point, which is to collate and disclose information at
a point in time when requested by CIP requesters and CIP data
custodians. The Central Information Point would not be able to
provide this information in a timely manner if required to collect
health information directly from individuals, or to notify
individuals of certain matters following indirect collection.
Subsection (3) provides nothing in HPP 6 applies to the
collection of health information about an individual by the
Central Information Point for the purposes of new Part 5A of the
Principal Act.
HPP 6 currently provides that an organisation that holds health
information about an individual must provide that individual with
access to the information on request, subject to a number of
exclusions including where providing access would pose a
serious threat to the life or health of any person, or providing
access would have an unreasonable impact on the privacy of
other individuals.
Subsection (3) is consistent with the purposes of the Central
Information Point, which is to collate and disclose information at
a point in time when requested by CIP requesters and CIP data
custodians. Individuals will continue to be able to access health
information that is held about them from other organisations,
including information sharing entities.
Subsection (4) carries across relevant definitions from the
Principal Act.
Clause 19 amends Schedule 1 to the Health Records Act 2001 which
contains the Health Privacy Principles. The clause removes the
requirement for an imminent threat in HPPs 1.1(f)(i) and
2.2(h)(i). As a result of this amendment, the threat need only be
serious.
Part 4--Amendment of Privacy and Data Protection Act 2014
Clause 20 inserts a new section 15A in the Privacy and Data Protection
Act 2014 which displaces a number of Information Privacy
Principles (IPP).
Subsection (1) provides that nothing in IPP 1.4 or 1.5 or any code
of practice modifying the application of IPP 1.4 or 1.5 applies to
the collection of personal information by an information sharing
38
entity about a person of concern, or a person who is alleged to
pose a risk a committing family violence.
This ensures that there will be no requirement for information
sharing entities to collect information directly from a person of
concern or person who is alleged to pose a risk of family violence
(IPP 1.4) or provide a collection notice where their information
has been collected from a third party (IPP 1.5).
Subsection (2) states that nothing in IPP 10.1 or any applicable
code of practice modifying the application of IPP 10.1 applies to
the collection of sensitive information by an information sharing
entity about a person of concern or a person who is alleged to
pose a risk of family violence.
Subsection (3) states that nothing in IPP 10.1 or any applicable
code of practice modifying the application of IPP 10.1 applies to
the collection of sensitive information by an information sharing
entity about a primary person or a linked person for a family
violence protection purpose or a family violence assessment
purpose in relation to a child who is a primary person.
In conjunction with subsection (2), this ensures that there will be
no requirement for information sharing entities to obtain consent
before collecting sensitive information relating to a primary
person, a linked person, a person of concern or a person who is
alleged to pose a risk of family violence, where the purpose of
collection relates to a primary person who is a child. This gives
effect to new section 144NC of Part 5A of the Principal Act.
Examples of sensitive information as defined in Schedule 1 to
the Privacy and Data Protection Act 2014 include racial or
ethnic origin, political opinion, membership of a political
association, religious beliefs or affiliations, philosophical beliefs,
membership of a professional trade association, membership of a
trade union, sexual preference or practices and criminal record,
that is also personal information.
As new sections 144N and 144NC of Part 5A of the Principal Act
authorise the collection of sensitive information about individuals
without their consent in certain circumstances, it is necessary to
amend the operation of IPP 10.1. The amendment will support
the objectives of the Bill and harmonise privacy principles with
respect to the collection of sensitive information.
39
Subsection (4) provides that nothing in IPP 1.4 or 1.5, or any
applicable code of practice modifying the application of IPP 1.4
or 1.5 or prescribing how IPP 1.4 or 1.5 is to be applied or
complied with, applies to the collection of personal information
about an individual by the Central Information Point for the
purposes of new Part 5A of the Principal Act.
Subsection (4) is consistent with the purposes of the Central
Information Point, which is to collate and disclose information at
a point in time when requested by CIP requesters and CIP data
custodians. The Central Information Point would not be able to
provide this information in a timely manner if required to collect
personal information directly from individuals, or to notify
individuals of certain matters following indirect collection.
Subsection (5) provides that nothing in IPP 6, or any applicable
code of practice modifying the application of IPP 6 or prescribing
how IPP 6 is to be applied or complied with, applies to personal
information about an individual held by the Central Information
Point for the purposes of new Part 5A of the Principal Act.
Subsection (5) is consistent with the purposes of the Central
Information Point, which is to collate and disclose information at
a point in time when requested by CIP requesters and CIP data
custodians. Individuals will continue to be able to access
personal information that is held about them from other
organisations, including information sharing entities.
Subsection (6) provides that nothing in IPP 10.1, or any
applicable code of practice modifying the application of IPP 10.1
or prescribing how IPP 10.1 is to be applied or complied with,
applies to the collection of sensitive information about an
individual by the Central Information Point for the purposes of
new Part 5A of the Principal Act.
Subsection (7) carries across relevant definitions from the
Principal Act.
Clause 21 substitutes "section 14, 15 or 15A" in section 18(2) of the
Privacy and Data Protection Act 2014 where "section 14 or 15"
appears, to account for the new section 15A. Section 18(2) deals
with the interaction between the exemptions and the IPPs.
40
Clause 22 removes the requirement for an imminent threat in relation to a
number of Information Privacy Principles in Schedule 1 to the
Privacy and Data Protection Act 2014. As a result of this
amendment, the threat need only be serious.
Part 5--Amendment of Freedom of Information Act 1982
Division 1--Amendment of Freedom of Information Act 1982
Clause 23 includes definitions of family violence and information sharing
entity into the Freedom of Information Act 1982, and gives
them the same meaning as the Family Violence Protection
Act 2008.
Clause 24 inserts a new section 27(2)(ab) into the Freedom of Information
Act 1982. Section 27(2)(ab) provides that an agency or Minister,
in notifying an applicant of decision under the Freedom of
Information Act 1982 is not required to confirm or deny the
existence of any document, if confirming or denying the
existence of that document would involve the unreasonable
disclosure of information relating to the personal affairs of any
person for the reason that it would increase the risk to a primary
person's safety from family violence.
Clause 25 amends the exempt documents provisions relating to documents
affecting personal privacy in the Freedom of Information
Act 1982.
This clause includes a new basis on which an agency that is
an information sharing entity or Minister relevant to an
information sharing entity may decide to exempt a document
under section 33(1) of the Freedom of Information Act 1982.
New section 33(2AB) provides, if--
(a) the request is made to an agency that is an information
sharing entity, or to a Minister for access to an official
document of that Minister relating to the affairs of an
information sharing entity; and
(b) the document contains information relating to the
personal affairs of the person making the request; and
41
(c) the person making the request is a person of concern, or
a person who is alleged to pose a risk of committing
family violence--
in deciding whether the disclosure would involve the
unreasonable disclosure of information relating to the personal
affairs of any person, the agency or Minister must also take into
account whether disclosure would increase the risk to a primary
person's safety from family violence.
Section 33(2) of the Freedom of Information Act 1982 is
amended to refer to the new section 33(2AB).
Section 33(9) of the Freedom of Information Act 1982 is
amended to include definitions of person of concern and primary
person. Both of these definitions have the meaning given in the
Family Violence Protection Act 2008.
Clause 26 amends the decision powers of the Freedom of Information
Commissioner under section 49P(3) of Freedom of Information
Act 1982.
If a review relates to a decision by an agency or a Minister to
refuse to grant access to a document or part of a document on the
grounds that it would involve an unreasonable disclosure of
personal affairs for the reason that it would increase the risk to a
primary person's safety from family violence, the Freedom of
Information Commissioner may express the decision in terms
that neither confirm nor deny the existence of that document.
Clause 27 amends the findings power of the Victorian Civil and
Administrative Tribunal under section 56 of the Freedom of
Information Act 1982.
In an application for review under section 50(1) or (3D) of the
Freedom of Information Act 1982 that relates to a document or
part of a document in relation to which disclosure has been
refused on the grounds that it would involve an unreasonable
disclosure of personal affairs for the reason that it would increase
the risk to a primary person's safety from family violence, the
Victorian Civil and Administrative Tribunal may, if it regards it
as appropriate to do so, announce its findings in terms which
neither confirm nor deny the existence of the document in
question.
42
Division 2--Consequential amendment of Freedom of
Information Act 1982
Clause 28 amends the notification requirements applicable to the exempt
documents provisions relating to documents affecting personal
privacy in the Freedom of Information Act 1982. These will be
inserted by the Freedom of Information Amendment (Office of
the Victorian Information Commissioner) Bill 2016.
New section 33(2C)(ab) is inserted to provide that notification is
not required if the person to be notified is a primary person, and
the notification would be reasonably likely to increase the risk to
that person's safety from family violence.
Clause 29 inserts an additional notice requirement in relation to a child in
section 33A of the Freedom of Information Act 1982 to be
inserted by the Freedom of Information Amendment (Office of
the Victorian Information Commissioner) Bill 2016.
New section 33A(2) will provide that an agency that is an
information sharing entity or a Minister responsible for that
agency is not required to notify a parent or guardian of a child
if--
(a) the child is a primary person; and
(b) the parent or guardian is a person of concern or is
alleged to pose a risk of family violence to that child.
New definitions for person of concern and primary person are
also inserted. Both of these definitions have the meaning given
in the Family Violence Protection Act 2008.
Clause 30 substitutes the reference to the "Freedom of Information
Commissioner" with the "Information Commissioner"
in section 49P(3A) of the Freedom of Information Act 1982.
Part 6--Consequential amendment of other Acts
Clause 31 amends the Child Wellbeing and Safety Act 2005.
New section 16ZE(3A) states subsections (1) and (2) do not
prevent a disclosure that is made for the purposes of Part 5A of
the Family Violence Protection Act 2008 by an information
sharing entity (within the meaning of that Act).
43
Section 16ZE prohibits a person from publishing, or causing to
be published, any information that would enable the
identification of certain persons in relation to reportable conduct
under that Act, including a person who has made a notification to
the Commission or a child in relation to whom a reportable
conduct allegation or a finding of reportable conduct has been
made. Such information may be relevant to a family violence
assessment purpose or a family violence protection purpose and
so the new section 16ZE(3A) clarifies that this restriction on
publication does not prevent lawful disclosures by an information
sharing entity under the new Part 5A of the Principal Act.
Clause 32 makes a number of amendments to the Children, Youth and
Families Act 2005.
Clause 32(1) of the Bill inserts a note at the foot of section 36(5)
of the Children, Youth and Families Act 2005. The note
provides: See also Part 5A of the Family Violence Protection
Act 2008 in respect of the use and disclosure obligations of
persons or bodies prescribed to be information sharing entities
under that Act.
Section 36(5) of the Children, Youth and Families
Act 2005 restricts the disclosure of certain information, which
may be relevant to a family violence assessment purpose or
a family violence protection purpose. Clauses 7 (144QC) and
14 (Schedule 1.1) of the Bill override section 36(5) of the
Children, Youth and Families Act 2005 to permit the use and
disclosure of certain information under the new Part 5A of the
Principal Act.
Clause 32(2) of the Bill inserts a note at the foot of
sections 205(2) and 206(2) of the Children, Youth and Families
Act 2005 and states: See also Part 5A of the Family Violence
Protection Act 2008 in respect of the use and disclosure
obligations of persons or bodies prescribed to be information
sharing entities under that Act.
Section 205(2) of the Children, Youth and Families Act 2005
restricts the disclosure of certain information, which may
be relevant to a family violence assessment purpose or a
family violence protection purpose. Clauses 7 (144QC) and
14 (Schedule 1.1) of the Bill override section 205(2) of the
Children, Youth and Families Act 2005 to permit the use and
44
disclosure of certain information under the new Part 5A of the
Principal Act.
Section 206(2) of the Children, Youth and Families Act 2005
restricts the disclosure of certain information, which may
be relevant to a family violence assessment purpose or a
family violence protection purpose. Clauses 7 (144QC) and
14 (Schedule 1.1) of the Bill override section 206(2) of the
Children, Youth and Families Act 2005 to permit the use and
disclosure of certain information under the new Part 5A of the
Principal Act.
Clause 32(3) of the Bill inserts a note at the foot of section 207(2)
of the Children, Youth and Families Act 2005 that states:
See also Part 5A of the Family Violence Protection Act 2008 in
respect of the use and disclosure obligations of persons or bodies
prescribed to be information sharing entities under that Act.
Section 207(2) of the Children, Youth and Families Act 2005
restricts the disclosure of certain information, which may
be relevant to a family violence assessment purpose or a
family violence protection purpose. Clauses 7 (144QC) and
14 (Schedule 1.1) of the Bill override section 207(2) of the
Children, Youth and Families Act 2005 to permit the use and
disclosure of certain information under the new Part 5A of the
Principal Act.
Clause 32(4) of the Bill inserts a note at the foot of
sections 210(2) and 211(2) of the Children, Youth and
Families Act 2005 that states: See also Part 5A of the Family
Violence Protection Act 2008 in respect of the use and
disclosure obligations of persons or bodies prescribed to be
information sharing entities under that Act.
Section 210(2) of the Children, Youth and Families Act 2005
restricts the disclosure of certain information, which may
be relevant to a family violence assessment purpose or a
family violence protection purpose. Clauses 7 (144QC) and
14 (Schedule 1.1) of the Bill override section 210(2) of the
Children, Youth and Families Act 2005 to permit the use and
disclosure of certain information under the new Part 5A of the
Principal Act.
Section 211(2) of the Children, Youth and Families Act 2005
restricts the disclosure of certain information, which may
be relevant to a family violence assessment purpose or a
45
family violence protection purpose. Clauses 7 (144QC) and
14 (Schedule 1.1) of the Bill override section 211(2) of the
Children, Youth and Families Act 2005 to permit the use and
disclosure of certain information under the new Part 5A of the
Principal Act.
Clause 32(5) of the Bill states that after section 534(6) of the
Children, Youth and Families Act 2005, a new section 534(7)
is inserted that states subsection (1) does not prevent a disclosure
that is made for the purposes of Part 5A of the Family Violence
Protection Act 2008 by an information sharing entity (within the
meaning of that Act).
Section 534 of the Children, Youth and Families Act 2005
prohibits a person from publishing, or causing to be published,
any particulars likely to lead to the identification of a child,
other party or witness in the proceeding in the Children's Court
or the particular venue in which the proceedings were heard.
Such information may be relevant to a family violence
assessment purpose or a family violence protection purpose and
new section 534(7) clarifies that this restriction on publication
does not prevent lawful disclosures by an information sharing
entity under the new Part 5A of the Principal Act.
Clause 33 amends the Commission for Children and Young People
Act 2012 by inserting a note at the foot of section 55 of that Act
which states: See also Part 5A of the Family Violence
Protection Act 2008 in respect of the use and disclosure
obligations of persons or bodies prescribed to be information
sharing entities under that Act.
Section 55 of the Commission for Children and Young People
Act 2012 restricts the disclosure of certain information, which
may be relevant to a family violence assessment purpose or
a family violence protection purpose. Clauses 7 (144QC) and
14 (Schedule 1.2) of the Bill override section 55 of the
Commission for Children and Young People Act 2012 to
permit the use and disclosure of certain information under the
new Part 5A of the Principal Act.
Clause 34 amends the Confiscation Act 1997 by inserting a note at the
foot of section 140 of that Act that states: See also Part 5A of the
Family Violence Protection Act 2008 in respect of the use and
disclosure obligations of persons or bodies prescribed to be
information sharing entities under that Act.
46
Section 140 of the Confiscation Act 1997 restricts the disclosure
of certain information, which may be relevant to a family
violence assessment purpose or a family violence protection
purpose. Clauses 7 (144QC) and 14 (Schedule 1.3) of the Bill
override section 140 of the Confiscation Act 1997 to permit the
use and disclosure of certain information under the new Part 5A
of the Principal Act.
Clause 35 amends the Disability Act 2006 by inserting a note at the foot of
sections 36 and 128 of that Act that states: See also Part 5A of
the Family Violence Protection Act 2008 in respect of the use
and disclosure obligations of persons or bodies prescribed to be
information sharing entities under that Act.
Sections 36 and 128 of the Disability Act 2006 restrict the
disclosure of certain information, which may be relevant to a
family violence assessment purpose or a family violence
protection purpose. Clauses 7 (144QC) and 14 (Schedule 1.4) of
the Bill override sections 36 and 128 of the Disability Act 2006
to permit the use and disclosure of certain information under the
new Part 5A of the Principal Act.
Clause 36 amends the Education and Training Reform Act 2006 by
inserting a note at the foot of sections 5.3.A.10 and 5.3.A.14 of
that Act which states: See also Part 5A of the Family Violence
Protection Act 2008 in respect of the use and disclosure
obligations of persons or bodies prescribed to be information
sharing entities under that Act.
Sections 5.3A.10 and 5.3A.14 of the Education and Training
Reform Act 2006 restrict the disclosure of certain information,
which may be relevant to a family violence assessment purpose
or a family violence protection purpose. Clauses 7 (144QC) and
14 (Schedule 1.5) of the Bill override sections 5.3A.10 and
5.3A.14 of the Education and Training Reform Act 2006 to
permit the use and disclosure of certain information under the
new Part 5A of the Principal Act.
Clause 37 will amend the Family Violence Protection Act 2008 by
amending the definition of authorised representative in
section 144ND(3) to include a medical treatment decision
maker for the individual, and a support person for the individual,
upon commencement the Medical Treatment Planning and
Decisions Act 2016.
47
Clause 38 amends the Firearms Act 1996 by inserting a note at the foot of
section 181 of that Act which states: See also Part 5A of the
Family Violence Protection Act 2008 in respect of the use and
disclosure obligations of persons or bodies prescribed to be
information sharing entities under that Act.
Section 181 of the Firearms Act 1996 restricts the disclosure of
certain information, which may be relevant to a family violence
assessment purpose or a family violence protection purpose.
Clauses 7 (144QC) and 14 (Schedule 1.6) of the Bill override
section 181 of the Firearms Act 1996 to permit the use and
disclosure of certain information under the new Part 5A of the
Principal Act.
Clause 39 amends the Health Services Act 1988 by inserting a
new paragraph after section 141(3)(gb) of that Act. New
paragraph (gc) states "to the giving of information to or by an
information sharing entity in accordance with Part 5A of the
Family Violence Protection Act 2008; or".
Such information may be relevant to a family violence
assessment purpose or a family violence protection purpose and
so the new section 141(3)(gc) clarifies that the restriction does
not apply to lawful disclosures under the new Part 5A of the
Principal Act.
Clause 40 amends the Human Services (Complex Needs) Act 2009 by
inserting a note at the foot of section 23 of that Act which states:
See also Part 5A of the Family Violence Protection Act 2008 in
respect of the use and disclosure obligations of persons or bodies
prescribed to be information sharing entities under that Act.
Section 23 of the Human Services (Complex Needs) Act 2009
restricts the disclosure of certain information, which may be
relevant to a family violence assessment purpose or a family
violence protection purpose. Clauses 7 (144QC) and
14 (Schedule 1.8) of the Bill override section 23 of the Human
Services (Complex Needs) Act 2009 to permit the use and
disclosure of certain information under the new Part 5A of the
Principal Act.
48
Clause 41 amends the Infringements Act 2006 by inserting a note at the
foot of section 164 of that Act which states: See also Part 5A of
the Family Violence Protection Act 2008 in respect of the use
and disclosure obligations of persons or bodies prescribed to be
information sharing entities under that Act.
Section 164 of the Infringements Act 2006 restricts the
disclosure of certain information, which may be relevant to a
family violence assessment purpose or a family violence
protection purpose. Clauses 7 (144QC) and 14 (Schedule 1.7) of
the Bill override section 164 of the Infringements Act 2006 to
permit the use and disclosure of certain information under the
new Part 5A of the Principal Act.
Clause 42 amends the Personal Safety Intervention Orders Act 2010 by
inserting at the end of section 124 a new subsection (2) which
provides that section 123(2) does not prevent a disclosure that is
made for the purposes of Part 5A of the Family Violence
Protection Act 2008 by an information sharing entity (within the
meaning of that Act).
Section 123 of the Personal Safety Intervention Orders
Act 2010 prohibits a person from publishing, or causing to be
published, any particulars likely to lead to the identification of a
child (who is a party or a witness in the proceeding or subject of
the order) or the particular venue of the court. Such information
may be relevant to a family violence assessment purpose or a
family violence protection purpose and new section 124(2)
clarifies that this restriction on publication does not prevent
lawful disclosures by an information sharing entity under the new
Part 5A of the Principal Act.
Clause 43 amends the Sentencing Act 1991 by inserting a new provision
after section 48LB(2)(g). New section 48LB(2)(ga) states if the
use or disclosure is by an information sharing entity and is
authorised under Part 5A of the Family Violence Protection
Act 2008.
Such information may be relevant to a family violence
assessment purpose or a family violence protection purpose and
new subsection 48LB(2)(ga) clarifies that the restriction does not
apply to lawful disclosures under the new Part 5A of the
Principal Act.
49
Clause 44 amends the Victims of Crime Assistance Act 1996 by inserting,
after section 43(3) a new subsection (4) which states that
subsection (3) does not prevent a disclosure that is made for
the purposes of Part 5A of the Family Violence Protection
Act 2008 by an information sharing entity (within the meaning
of that Act).
Section 43(3) of the Victims of Crime Assistance Act 1996
prohibits a person from publishing, or causing to be
published, any material referred to in section 43(1) of that
Act. Such information may be relevant to a family violence
assessment purpose or a family violence protection purpose and
new section 43(4) clarifies that this restriction on publication
does not prevent lawful disclosures by an information sharing
entity under the new Part 5A of the Principal Act.
Part 7--Repeal of amending Act
Clause 45 provides that the amending Act will be repealed on 1 July 2019.
The repeal of the amending Act does not affect the continuing
operation of the amendments made by it.
50