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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Domestic and Personal
Violence) Amendment (Information
Sharing) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (Domestic and Personal Violence)
Act 2007 No 80 3
b2012-160-31.d15
New South Wales
Crimes (Domestic and Personal
Violence) Amendment (Information
Sharing) Bill 2013
No , 2013
A Bill for
An Act to amend the Crimes (Domestic and Personal Violence) Act 2007 to facilitate
the sharing of personal information and health information about victims and
perpetrators of domestic violence for the purposes of providing domestic violence
support services to those victims; and for other purposes.
Crimes (Domestic and Personal Violence) Amendment (Information
Clause 1 Sharing) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Domestic and Personal Violence) Amendment 3
(Information Sharing) Act 2013. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Crimes (Domestic and Personal Violence) Amendment (Information
Sharing) Bill 2013
Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80 Schedule 1
Schedule 1 Amendment of Crimes (Domestic and 1
Personal Violence) Act 2007 No 80 2
[1] Part 13A 3
Insert after Part 13: 4
Part 13A Information sharing 5
98A Definitions 6
In this Part: 7
agency means: 8
(a) a public sector agency within the meaning of the Privacy 9
and Personal Information Protection Act 1998, or 10
(b) an organisation within the meaning of the Health Records 11
and Information Privacy Act 2002 to which that Act 12
applies. 13
associated respondent--see section 98B. 14
domestic violence support services means services (including 15
welfare, health, counselling, housing and accommodation and 16
legal assistance services) provided to persons in relation to the 17
commission or possible commission of domestic violence 18
offences against those persons. 19
health information has the same meaning that it has in the Health 20
Records and Information Privacy Act 2002. 21
non-government support service means a person or body (other 22
than an agency) that provides domestic violence support services 23
but does not include an individual. 24
Note. The Interpretation Act 1987 defines person to include an 25
individual, a corporation and a body corporate or politic. 26
personal information has the same meaning that it has in the 27
Privacy and Personal Information Protection Act 1998. 28
primary person--see section 98B. 29
support agency means an agency that provides domestic violence 30
support services. 31
Page 3
Crimes (Domestic and Personal Violence) Amendment (Information
Sharing) Bill 2013
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80
98B Meaning of "primary person" and "associated respondent" 1
In this Part: 2
(a) the primary person is: 3
(i) in relation to an apprehended domestic violence 4
order, the person for whose protection the order is 5
sought or made, or 6
(ii) in relation to a charge for a domestic violence 7
offence, the person who is alleged to be the victim 8
of the offence, and 9
(b) the associated respondent is: 10
(i) in relation to a primary person protected or sought to 11
be protected by an apprehended domestic violence 12
order--the person against whom the order is sought 13
or made, or 14
(ii) in relation to a primary person who is a victim, or an 15
alleged victim, of a domestic violence offence for 16
which a person has been charged--the person so 17
charged. 18
98C Permitted dealings with personal and health information 19
(1) This section applies in each of the following circumstances: 20
(a) an interim apprehended domestic violence order has been 21
made, 22
(b) an apprehended domestic violence order has been sought 23
(by the making of an application) or made, 24
(c) a person has been charged (within the meaning of the Law 25
Enforcement (Powers and Responsibilities) Act 2002) with 26
a domestic violence offence, 27
and in those circumstances it applies to the personal information 28
and health information of each primary person and associated 29
respondent in relation to the relevant order or charge. 30
(2) Collection by support agencies 31
A support agency may collect personal information or health 32
information about a primary person and any associated 33
respondent without the consent of the person or respondent if the 34
information is lawfully disclosed to the agency by the NSW 35
Police Force for the purpose of the agency providing domestic 36
violence support services to the primary person. 37
Page 4
Crimes (Domestic and Personal Violence) Amendment (Information
Sharing) Bill 2013
Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80 Schedule 1
(3) A support agency may also collect personal information or health 1
information about a primary person and any associated 2
respondent without the consent of the respondent if the 3
information is disclosed to the agency: 4
(a) by the primary person, or 5
(b) by another support agency in accordance with this section, 6
or 7
(c) by a non-government support service with the consent of 8
the primary person. 9
(4) No access to information by associated respondent 10
A support agency is not required to take any steps to make an 11
associated respondent aware of any matter about any information 12
collected under this section and it is not required to provide the 13
associated respondent with any access to the information. 14
(5) Use of information by support agencies 15
A support agency may use information collected under this 16
section to contact the primary person and to seek the person's 17
consent for use and disclosure of the information and may, with 18
the consent of the person and without the consent of the 19
associated respondent, use the information to provide domestic 20
violence support services to the person. 21
(6) Disclosure by support agencies 22
A support agency may disclose information collected under this 23
section to another support agency, or to a non-government 24
support service, for the purposes of that other agency or service 25
providing domestic violence support services to the primary 26
person, but only if: 27
(a) the primary person consents to the disclosure (no consent 28
is required from the associated respondent), and 29
(b) the primary person has been referred to a support agency 30
or non-government support service by the NSW Police 31
Force in relation to at least one order or charge to which the 32
information relates, and 33
(c) it is reasonably necessary to disclose the information to the 34
other agency or service for the provision of those services. 35
(7) Subsections (2)-(6) have effect despite any provision of the 36
Privacy and Personal Information Protection Act 1998 or the 37
Health Records and Information Privacy Act 2002. 38
Page 5
Crimes (Domestic and Personal Violence) Amendment (Information
Sharing) Bill 2013
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80
(8) An agency must comply with any protocols made by the Minister 1
under section 98E if the agency collects, uses or discloses 2
information under this section. 3
(9) Nothing in this section restricts or prevents the disclosure of 4
information under any other Act or law, including under the 5
Government Information (Public Access) Act 2009. 6
98D Dealings if serious threat to life, health or safety 7
Despite the Privacy and Personal Information Protection Act 8
1998 or the Health Records and Information Privacy Act 2002, 9
an agency may collect, use or disclose personal information or 10
health information about a person without the consent of the 11
person if: 12
(a) the agency believes on reasonable grounds that the 13
collection, use or disclosure of the information is 14
necessary to prevent or lessen a serious threat to the life, 15
health or safety of the person or of another person, and 16
(b) the threat relates to the commission or possible 17
commission of a domestic violence offence, and 18
(c) it is unreasonable or impractical to obtain the consent of 19
the person to whom the information relates. 20
98E Domestic violence information management protocols 21
(1) The Minister may, by order, make protocols dealing with any 22
matter relating to the collection, use or disclosure by an agency 23
of personal information or health information about a primary 24
person or an associated respondent, including the following: 25
(a) procedures for seeking consent from a primary person, 26
(b) procedures for sharing information between agencies and 27
between agencies and non-government support services, 28
(c) complaint handling procedures, 29
(d) compliance audits. 30
(2) The protocols may contain recommended privacy standards for 31
non-government support services and may prohibit the disclosure 32
of information under section 98C (6) to services that do not adopt 33
those standards. 34
(3) The Minister is to seek the advice of the Privacy Commissioner 35
when making protocols. 36
Page 6
Crimes (Domestic and Personal Violence) Amendment (Information
Sharing) Bill 2013
Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80 Schedule 1
[2] Schedule 1 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
any other Act that amends this Act 3
Page 7
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