Victorian Current Acts Victorian Current Acts(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to Parts 6A and 7A.
(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to—
(a) prescribing a person to be an information sharing entity; and
(b) prescribing a body to be an information sharing entity; and
(c) prescribing a person or body to belong to a category of restricted information sharing entity; and
(d) prohibiting or regulating the type of information that may be used, disclosed or handled by an information sharing entity or a category of restricted information sharing entity; and
(e) prohibiting or regulating the type of information that may be requested or collected by an information sharing entity or a category of restricted information sharing entity; and
(f) prescribing information to be excluded information; and
(g) prescribing the purposes for which an information sharing entity or a category of restricted information sharing entity may use or disclose confidential information; and
(h) subject to subsection (6), prescribing specified persons employed or engaged by an information sharing entity or a restricted information sharing entity to perform specified functions or exercise specified powers on behalf of an information sharing entity or a restricted information sharing entity, including by specifying any of the following, to perform specified functions under Part 6A—
(i) the business unit, branch or area (however described) of an information sharing entity or a restricted information sharing entity;
(ii) the business unit, branch or area (however described) of an information sharing entity or a restricted information sharing entity operating at a specified geographical location;
(iii) the person's qualifications or experience;
(iv) the person's position description, classification or functions; and
S. 46ZC(2)(i) amended by No. 6/2024 s. 10.
(i) enabling an information sharing entity that is a public sector body Head or a restricted information sharing entity that is a public sector body Head—
(i) to delegate its powers, duties and functions under Part 6A or the regulations; and
(ii) to sub-delegate any powers, duties and functions under Part 6A or the regulations that have been delegated to the information sharing entity; and
S. 46ZC(2)(j) amended by No. 6/2024 s. 10.
(j) prescribing the persons and bodies to which powers, duties and functions may be delegated or sub-delegated by an information sharing entity that is a public sector body Head or a restricted information sharing entity that is a public sector body Head; and
(k) prohibiting or regulating the disclosure of confidential information between information sharing entities; and
(l) prohibiting or regulating the disclosure of confidential information between categories of restricted information sharing entity; and
(m) prescribing the information to be recorded by an information sharing entity or a category of restricted information sharing entity for the purposes of section 41ZC; and
(n) prescribing provisions of Acts for the purposes of section 41ZH; and
(o) prescribing the process by which a person may be authorised to be a Child Link user for the purposes of section 46K(1)(w) and prescribing a person to provide a written authorisation in accordance with that process.
(3) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time, place or circumstances; and
(c) may confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and
(d) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person.
(4) Regulations made for the purposes of subsection (2)(a) or (c) may prescribe a person or class of person who is engaged in a role that requires the handling of confidential information, including but not limited to any of the following persons—
(a) a nurse;
(b) a midwife;
(c) a police officer;
(d) a registered medical practitioner;
(e) a disability service provider within the meaning of the Disability Act 2006 ;
(f) a psychologist within the meaning of the Health Practitioner Regulation National Law;
(g) a teacher;
(h) a principal of a registered school.
(5) Regulations made for the purposes of subsection (2)(b) or (c) may prescribe a body or class of body that has a function that requires the handling of confidential information, including but not limited to any of the following bodies—
(a) a community service organisation funded by the State government to provide services to individuals;
(b) a public sector body within the meaning of the Public Administration Act 2004 ;
(c) a health service provider within the meaning of section 3(1) of the Health Records Act 2001 ;
(d) the office of the Disability Services Commissioner within the meaning of the Disability Act 2006 ;
(e) an education and care service or a children's service;
(f) a provider of education services to children;
(g) a school (whether a Government school or a non-Government school).
(6) Regulations made for the purposes of subsection (2)(a), (b), (c) or (h) may prescribe a person or body specified in section 41T 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.
(7) Regulations made under this section may enable an information sharing entity or a restricted information sharing entity to disclose confidential information to a person or body that is not subject to the law of the State.
(8) Nothing in Part 6A or regulations made under this section is taken to impose a requirement on a person or body who is not subject to the law of the State.
S. 46ZD inserted by No. 36/2020 s. 17.