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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 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to permit dealings with information about a primary person (being a person who is (or is
alleged to be) subject to, or threatened by, domestic violence) and any associated
respondent (being a person who is (or is alleged to be) the perpetrator of the violence or the
cause of the threat) without the consent of the primary person or associated respondent, but
only to seek the primary person's consent:
(i) to the provision of domestic violence support services to the primary person, or
(ii) to further dealings with the information in relation to the provision of such services,
(b) to permit dealings with information about a primary person and any associated respondent
without the consent of the associated respondent for the purposes of providing domestic
violence support services to the primary person,
(c) to set out the circumstances in which an agency may deal with information about a person
without the person's consent where the agency believes domestic violence poses a serious
threat to the life, health or safety of any person.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
b2014-038-31.d18
Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2014 [NSW]
Explanatory note
Schedule 1 Amendment of Crimes (Domestic and Personal
Violence) Amendment (Information Sharing) Act
2013 No 28
The Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Act 2013
(which is yet to commence) inserts proposed Part 13A into the Crimes (Domestic and Personal
Violence) Act 2007. That Part facilitates the collection, use and disclosure of personal information
and health information by agencies that provide domestic violence support services (support
agencies) and other persons and bodies that provide such services (non-government support
services) in cases involving domestic violence. The information relates to primary persons and
associated respondents. A primary person is a person for whose protection an apprehended
domestic violence order is sought or made or a person who is alleged to be the victim of a domestic
violence offence. An associated respondent is the person against whom the order is sought or
made or the person who has been charged with the domestic violence offence. This Bill makes a
number of changes to that Part.
Schedule 1 [1] inserts a Division heading into proposed Part 13A.
Schedule 1 [2] contains a number of definitions to be used in the proposed Part.
Schedule 1 [3] renumbers a proposed section.
Schedule 1 [4] inserts 2 new Divisions into the proposed Part. Proposed Division 2 contains
proposed sections 98C-98L and proposed Division 3 contains proposed sections 98M and 98N.
Proposed section 98C contains a definition of contact purposes (seeking the consent of the
primary person to the provision of domestic violence support services to the primary person and
to further dealings with the information in relation to the provision of such services) and clarifies
how the proposed Division applies to a non-government support service that has been nominated
as a local co-ordination point by the Attorney General.
Proposed section 98D permits an agency to disclose personal information and health information
about a person to the central referral point (being the Secretary of the Department of Police and
Justice) or a local co-ordination point (being a support agency or non-government support service
that is nominated as a local co-ordination point by the Attorney General) if the agency believes on
reasonable grounds that the person is subject to a domestic violence threat (being a threat to the
life, health or safety of a person that occurs because of the commission or possible commission of
a domestic violence offence). The disclosure may occur only with the consent of the person.
Personal information and health information about a person whom the agency believes to be a
cause of the threat may also be disclosed without the consent of that person. In such a case, the
threatened person is taken to be a primary person and the person who is believed to be a cause of
the threat is taken to be an associated respondent.
Proposed section 98E permits the Local Court to disclose personal information and health
information about a primary person and any associated respondent to the central referral point for
contact purposes unless the primary person expressly objects. The consent of the associated
respondent is not required. The information must relate to an application for an apprehended
domestic violence order or an interim apprehended domestic violence order made by a person for
whose protection the order would be made or by the guardian of such a person.
Proposed section 98F permits the central referral point to collect information that is disclosed to
it in accordance with proposed section 98D or 98E or by the NSW Police Force. The central
referral point can disclose any such information without the consent of the primary person or any
associated respondent to a local co-ordination point for contact purposes. As the central referral
point is a support agency, proposed section 98H provides additional circumstances in which
information may be collected, used and disclosed by the central referral point.
Page 2
Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2014 [NSW]
Explanatory note
Proposed section 98G permits a local co-ordination point to collect information that is disclosed
to it in accordance with proposed section 98D or 98F or by the NSW Police Force. As a local
co-ordination point is a support agency, proposed section 98H provides additional circumstances
in which information may be collected, used and disclosed by a local co-ordination point.
Proposed section 98H permits a support agency to collect information that is disclosed to it in
accordance with proposed section 98D, by the NSW Police Force, by another support agency
(which includes a local co-ordination point) in accordance with the proposed section, by a primary
person (without the consent of the associated respondent) or by a non-government support service
(with the consent of the primary person but without the consent of the associated respondent).
A support agency may use any information that it is authorised to collect under the proposed
Division for contact purposes without the consent of the primary person or any associated
respondent or it may be used, with the consent of the primary person (but without the consent of
the associated respondent), to provide domestic violence support services to the primary person.
A support agency may disclose any information that it is authorised to collect under the proposed
Division to another support agency or to a non-government support service for the purposes of that
other agency or service providing domestic violence support services to the primary person. Such
information may only be disclosed if the primary person consents to the disclosure and the
disclosure is reasonably necessary for the provision of those services.
Proposed section 98I provides that an agency is not required to take any steps to make an
associated respondent aware of any matter about any information that it is authorised to collect
under the proposed Division and it is not required to provide the associated respondent with any
access to the information.
Proposed section 98J requires agencies to comply with protocols made by the Attorney General
if the agency deals with information under the proposed Division.
Proposed section 98K provides how the proposed Division relates to the privacy legislation
(being the Privacy and Personal Information Protection Act 1998 or the Health Records and
Information Privacy Act 2002 and any regulation or code of practice made under either of those
Acts) and other Acts and laws including the Government Information (Public Access) Act 2009.
Proposed section 98L permits regulations under the Crimes (Domestic and Personal Violence)
Act 2007 to prescribe additional circumstances in which an agency may collect, use or disclose
information about primary persons and associated respondents. The Attorney General is to consult
with the Privacy Commissioner before recommending the making of any such regulation.
Proposed section 98M sets out circumstances in which an agency may deal with (collect, use or
disclose) personal information or health information about a person without the consent of the
person if the agency believes there to be a serious domestic violence threat to a person. The agency
must believe that the dealing is necessary to prevent or lessen the threat and that the person has
refused to give consent or that it is unreasonable or impractical to obtain the person's consent.
Proposed section 98N provides that an agency that is authorised to collect information about a
person under proposed section 98M in respect of a threat is not required to take any steps to make
the person aware of any matter about that information and it is not required to provide the person
with any access to the information if it believes the person to be a cause of the threat.
Schedule 1 [5] updates a cross-reference.
Schedule 1 [6] permits the Attorney General (by order published in the Gazette) to nominate
particular support agencies or non-government support services to be local co-ordination points.
Schedule 1 [7] permits the Secretary of the Department of Police and Justice to delegate the
Secretary's functions under proposed Part 13A and provides for a review of the proposed Part after
2 years.
Page 3
First print
New South Wales
Crimes (Domestic and Personal Violence)
Amendment (Information Sharing) Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Amendment
(Information Sharing) Act 2013 No 28 3
b2014-038-31.d18
New South Wales
Crimes (Domestic and Personal Violence)
Amendment (Information Sharing) Bill 2014
No , 2014
A Bill for
An Act to amend the Crimes (Domestic and Personal Violence) Amendment (Information
Sharing) Act 2013 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 Sharing) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Domestic and Personal Violence) Amendment (Information 3
Sharing) Act 2014. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Amendment (Information Sharing)
Act 2013 No 28
Schedule 1 Amendment of Crimes (Domestic and Personal 1
Violence) Amendment (Information Sharing) Act 2
2013 No 28 3
[1] Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80 4
Insert before proposed section 98A in Schedule 1 [1]: 5
Division 1 Preliminary 6
[2] Schedule 1 [1], proposed section 98A 7
Omit the definition of support agency. 8
Insert in alphabetical order: 9
central referral point means the Secretary of the Department of Police and 10
Justice. 11
domestic violence threat means a threat to the life, health or safety of a person 12
that occurs because of the commission or possible commission of a domestic 13
violence offence. 14
local co-ordination point means a support agency or non-government support 15
service nominated as a local co-ordination point by the Minister under 16
section 98O (4). 17
privacy legislation means the Privacy and Personal Information Protection 18
Act 1998 or the Health Records and Information Privacy Act 2002 and any 19
regulation or code of practice made under either of those Acts. 20
support agency means an agency that provides domestic violence support 21
services and includes the central referral point and each local co-ordination 22
point. 23
[3] Schedule 1 [1], proposed section 98E 24
Renumber as proposed section 98O. 25
[4] Schedule 1 [1], proposed sections 98C-98N 26
Omit proposed sections 98C and 98D. Insert instead: 27
Division 2 General dealings with information 28
98C Definition 29
(1) In this Division: 30
contact purposes means contacting a primary person to seek the primary 31
person's consent to either or both of the following: 32
(a) the provision of domestic violence support services to the primary 33
person, 34
(b) the further use and disclosure of information in relation to the provision 35
of any such services to the primary person. 36
(2) For the avoidance of doubt, a non-government support service that is also a 37
local co-ordination point is taken, for the purposes of this Division, to be a 38
support agency and not a non-government support service. 39
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Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Amendment (Information Sharing)
Act 2013 No 28
98D Disclosure of information by all agencies in case of threat 1
(1) This section applies if an agency believes on reasonable grounds that a person 2
(the threatened person) is subject to a domestic violence threat. 3
(2) The agency may disclose personal information and health information about 4
the threatened person and any person that the agency reasonably believes is a 5
cause of the threat (the threatening person) to the central referral point or a 6
local co-ordination point for contact purposes. 7
(3) Any such disclosure requires the consent of the threatened person. No consent 8
is required from the threatening person. 9
(4) In such a case: 10
(a) the threatened person is taken, for the purposes of this Division, to be a 11
primary person, and 12
(b) the threatening person is taken, for the purposes of this Division, to be 13
an associated respondent. 14
98E Disclosure by Local Court 15
(1) This section applies if an application is made to the Local Court for: 16
(a) an interim apprehended domestic violence order (but only if the order is 17
made), or 18
(b) an apprehended domestic violence order, 19
by a person for whose protection the order would be made or by the guardian 20
of such a person. 21
(2) The Local Court may disclose personal information or health information 22
about a primary person and any associated respondent in respect of the 23
application to the central referral point unless the primary person expressly 24
objects to the disclosure. No consent is required from the associated 25
respondent. 26
98F Central referral point 27
(1) The central referral point may collect personal information or health 28
information about a primary person and any associated respondent if the 29
information is disclosed to the central referral point: 30
(a) in accordance with section 98D or 98E, or 31
(b) lawfully by the NSW Police Force for contact purposes. 32
(2) The central referral point may disclose information that it is authorised to 33
collect under this section without the consent of the primary person or 34
associated respondent if the information is disclosed to a local co-ordination 35
point for contact purposes. 36
Note. The central referral point is a support agency, therefore section 98H also applies. 37
98G Local co-ordination points 38
A local co-ordination point may collect personal information or health 39
information about a primary person and any associated respondent if the 40
information is disclosed to the local co-ordination point: 41
(a) in accordance with section 98D or 98F, or 42
(b) lawfully by the NSW Police Force for contact purposes. 43
Note. Local co-ordination points are support agencies, therefore section 98H also 44
applies. 45
Page 4
Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Amendment (Information Sharing)
Act 2013 No 28
98H Support agencies 1
(1) A support agency may collect personal information or health information 2
about a primary person and any associated respondent if the information is 3
disclosed to the support agency: 4
(a) in accordance with section 98D, or 5
(b) lawfully by the NSW Police Force for contact purposes, or 6
(c) by another support agency in accordance with this section, or 7
(d) by the primary person (no consent is required from the associated 8
respondent), or 9
(e) by a non-government support service with the consent of the primary 10
person (no consent is required from the associated respondent). 11
(2) A support agency may use information that it is authorised to collect under this 12
Division: 13
(a) for contact purposes--without the consent of the primary person or the 14
associated respondent, or 15
(b) to provide domestic violence support services to the primary person-- 16
with the consent of the primary person (no consent is required from the 17
associated respondent). 18
(3) A support agency may disclose information that it is authorised to collect 19
under this Division to another support agency, or to a non-government support 20
service, for the purposes of that other agency or service providing domestic 21
violence support services to the primary person, but only if: 22
(a) the primary person consents to the disclosure (no consent is required 23
from the associated respondent), and 24
(b) it is reasonably necessary to disclose the information to the other agency 25
or service for the provision of those services. 26
98I Access to information collected under Division 27
An agency is not required to take any steps to make an associated respondent 28
aware of any matter about any information that it is authorised to collect under 29
this Division and it is not required to provide the associated respondent with 30
any access to the information. 31
98J Agency must comply with protocols 32
An agency that collects, uses or discloses information under this Division must 33
comply with any protocols made by the Minister under section 98O. 34
98K Relationship with other laws 35
(1) This Division has effect despite any provision of the privacy legislation. 36
(2) Nothing in this Division restricts or prevents the disclosure of information 37
under any other Act or law, including the privacy legislation or the 38
Government Information (Public Access) Act 2009. 39
98L Regulations 40
(1) The regulations may prescribe additional circumstances in which an agency 41
may, despite the privacy legislation, collect, use or disclose personal 42
information or health information about a primary person and any associated 43
respondent. 44
Page 5
Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Amendment (Information Sharing)
Act 2013 No 28
(2) The Minister is to consult with the Privacy Commissioner before 1
recommending the making of a regulation under this section. Failure to 2
comply with this subsection does not invalidate the regulation. 3
Division 3 Dealings where serious threat 4
98M Dealings if serious domestic violence threat 5
(1) In this section: 6
dealing with information means the collection, use or disclosure of the 7
information. 8
(2) An agency may, despite the privacy legislation, deal with information about a 9
person without the consent of the person if the agency believes on reasonable 10
grounds that: 11
(a) the particular dealing is necessary to prevent or lessen a domestic 12
violence threat to the person or any other person, and 13
(b) the threat is a serious threat, and 14
(c) the person has refused to give consent or it is unreasonable or 15
impractical to obtain the person's consent. 16
98N Access to information collected in respect of serious threat 17
An agency that is authorised to collect information about a person under 18
section 98M in respect of a threat is not required to take any steps to make the 19
person aware of any matter about that information and it is not required to 20
provide the person with any access to the information if the agency believes 21
on reasonable grounds that the person is a cause of the threat. 22
Division 4 Miscellaneous 23
[5] Schedule 1 [1], proposed section 98O Protocols and other orders of Minister (as 24
renumbered by item [3]) 25
Omit "section 98C (6)" from proposed section 98O (2). Insert instead "Division 2". 26
[6] Schedule 1 [1], proposed section 98O (4) and (5) 27
Insert after proposed section 98O (3): 28
(4) The Minister may, by order, nominate particular support agencies or 29
non-government support services to be local co-ordination points for the 30
purposes of this Part. 31
(5) An order under this section is to be published in the Gazette. 32
[7] Schedule 1 [1], proposed sections 98P and 98Q 33
Insert after proposed section 98O: 34
98P Delegation 35
The Secretary of the Department of Police and Justice may delegate the 36
exercise of any function of the Secretary under this Part (other than this power 37
of delegation) to: 38
(a) any member of staff of that Department, or 39
(b) any person, or any class of persons, authorised for the purposes of this 40
section by the regulations. 41
Page 6
Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2014 [NSW]
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Amendment (Information Sharing)
Act 2013 No 28
98Q Review of Part 1
(1) The Minister is to review this Part to determine whether the policy objectives 2
of the Part remain valid and whether the terms of the Part remain appropriate 3
for securing those objectives. 4
(2) The review is to be undertaken as soon as possible after the period of 2 years 5
from the commencement of this Part. 6
(3) A report on the outcome of the review is to be tabled in each House of 7
Parliament within 12 months after the end of the period of 2 years. 8
Page 7
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