Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.6.21B

Disclosure and collection of information

    (1)     The Institute may disclose information in respect of a registered teacher or former registered teacher, or a provider of a program, unit or course of study, for a purpose specified in subsection (4), to—

        (a)     any State or Territory Government department; or

        (b)     any Government department of the Commonwealth; or

        (c)     any Commonwealth, State or Territory public authority; or

        (d)     any municipal council or any equivalent body in another State or Territory of the Commonwealth; or

        (e)     a former or current employer of a registered teacher.

    (2)     The Institute may collect information in respect of a registered teacher or former registered teacher or a provider of a program, unit or course of study for a purpose specified in subsection (4), from—

        (a)     any State or Territory Government department; or

        (b)     any State or Territory public authority; or

        (c)     any Government department of the Commonwealth if the department is able to make the disclosure in accordance with a law of the Commonwealth; or

        (d)     any Commonwealth public authority if the public authority is able to make the disclosure in accordance with a law of the Commonwealth; or

        (e)     any municipal council or any equivalent body in another State or Territory of the Commonwealth; or

        (f)     a former or current employer of a registered teacher.

    (3)     An entity specified in subsection (2)(a), (b), (c), (d), (e) or (f) may disclose information to the Institute in respect of a registered teacher or former registered teacher, or a provider of a program, unit or course of study, for a purpose specified in subsection (4).

    (4)     The purposes for disclosure and collection of information under this section are—

        (a)     the disclosure or collection is reasonably necessary for the purposes of enabling the Institute to perform its functions and duties or exercise its powers; or

        (b)     the disclosure or collection is reasonably necessary for the purposes of regulating and registering schools, early childhood services or other services related to children; or

        (c)     the disclosure or collection is reasonably necessary for the purposes of regulating and registering teachers and early childhood teachers; or

        (d)     the disclosure or collection is reasonably necessary for the purposes of screening persons who work or intend to work with children or vulnerable people; or

        (e)     the disclosure or collection is reasonably necessary for the purposes of regulating disability services; or

        (f)     the disclosure or collection is reasonably necessary to promote the safety and wellbeing of a child or group of children; or

        (g)     the disclosure or collection is for the purposes of research or development of national, State or Territory policy in respect of the regulation and registration of teachers; or

        (h)     the disclosure or collection is reasonably necessary for any other prescribed purpose.

    (5)     Information disclosed or collected for the purposes of research or development of national, State or Territory policy in respect of the regulation and registration of teachers under subsection (4)(g) must not include—

        (a)     personal information; or

        (b)     sensitive information; or

        (c)     health information.

    (6)     A former or current employer who is given information under subsection (1)(e) must ensure the information

        (a)     is collected, stored and used by the employer in a way that ensures the privacy of the person to whom it relates; and

        (b)     is not used for a purpose other than the purpose for which it was disclosed.

    (7)     In this section—

"information", unless the contrary intention appears, includes personal information, sensitive information and health information.

Pt 2.6 Div. 6 (Heading) substituted by No. 19/2014 s. 10.

Division 6—Criminal record and history checks



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