Victorian Current Acts Victorian Current ActsSchedule 5—Persons authorised to use and disclose information
Part 1—Persons related to Victorian entities
1. Adult Parole Board
(1) A member of the Board.
(2) The secretary of the Board.
2. The Department
(1) The Secretary.
(2) A person employed in the Department under Part 3 of the Public Administration Act 2004 .
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department.
3. Department of Education and Training
(1) The Secretary to the Department of Education and Training.
(2) A person employed in the Department of Education and Training under Part 3 of the Public Administration Act 2004 .
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department of Education and Training.
(4) A person authorised to act on behalf of another person referred to in this item.
4. Department of Health and Human Services
(1) The Secretary to the Department of Health and Human Services.
(2) A person employed in the Department of Health and Human Services under Part 3 of the Public Administration Act 2004 .
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department of Health and Human Services.
Sch. 5 item 4A inserted by No. 45/2019 s. 45(1).
4A. Department of Premier and Cabinet
(1) The Secretary to the Department of Premier and Cabinet.
(2) A person employed in the Department of Premier and Cabinet under Part 3 of the Public Administration Act 2004 .
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department of Premier and Cabinet.
5. Office of Public Prosecutions
(1) The Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975 .
(2) The Chief Crown Prosecutor within the meaning of the Public Prosecutions Act 1994 .
(3) A Crown Prosecutor or Associate Crown Prosecutor within the meaning of the Public Prosecutions Act 1994 .
(4) The Solicitor for Public Prosecutions appointed under the Public Prosecutions Act 1994 .
(5) A person employed in the Office of Public Prosecutions under Part 3 of the Public Administration Act 2004 .
(6) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Office of Public Prosecutions.
(7) A person authorised to act on behalf of another person referred to in this item.
(8) In this item—
Office of Public Prosecutions means the Office continued by section 39 of the Public Prosecutions Act 1994 .
(1) A member of the Post Sentence Authority.
(2) A person who—
(a) is an employee of a public entity within the meaning of the Public Administration Act 2004 or a public service body within the meaning of that Act; and
Sch. 5 item 6(2)(b) amended by No. 27/2018 s. 355(28)(a).
(b) is assisting the Post Sentence Authority under section 301 of the Serious Offenders Act 2018 to perform the Authority's functions.
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Post Sentence Authority.
(4) A person authorised to act on behalf of another person referred to in this item.
7. Victoria Police
(1) The Chief Commissioner of Police.
(2) A police officer.
(3) A Victoria Police employee within the meaning of the Victoria Police Act 2013 .
(4) A person who provides services or advice (whether paid or unpaid) to or on behalf of Victoria Police.
Sch. 5 item 7A inserted by No. 45/2019 s. 45(2).
7A. Commission for Children and Young People
(1) Each of the following in respect of a prisoner under the age of 18 years—
(a) the Principal Commissioner within the meaning of the Commission for Children and Young People Act 2012 ;
(b) a Commissioner within the meaning of the Commission for Children and Young People Act 2012 ;
(c) a person employed to assist the Commission under Part 3 of the Public Administration Act 2004 ;
(d) a person who provides services or advice (whether paid or unpaid) to or on behalf of the Commission.
(2) In this item—
"Commission" means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012 .
8. Other
(1) An independent prison visitor.
(2) A contractor or sub-contractor.
(3) An employee of a contractor or sub‑contractor.
(4) An officer within the meaning of Part 5 or Part 9.
Sch. 5 item 8(5) amended by No. 27/2018 s. 355(28)(b).
(5) A person prescribed as a responsible agency under paragraph (d) of the definition of responsible agency in section 3 of the Serious Offenders Act 2018 .
Sch. 5 item 8(6) amended by No. 27/2018 s. 355(28)(b).
(6) Each of the following individuals in respect of an unincorporated body or association prescribed as a responsible agency under paragraph (d) of the definition of responsible agency in section 3 of the Serious Offenders Act 2018 —
(a) an individual holding the position of president, vice president, secretary or treasurer of the body or association;
(b) an individual holding a position referred to in paragraph (a) (however described by the body or association or the rules or constituting documents of the body or association);
(c) an individual in control of all or a substantial part of the activities of the body or association;
(d) an individual appointed by the body or organisation to be in charge of an activity of the body or organisation.
(7) A person authorised to act on behalf of a person referred to in sub-item (5) or (6).
Part 2—Persons related to entities outside Victoria
9. Australian Crime Commission
(1) The CEO of the Australian Crime Commission.
(2) A member of the staff of the Australian Crime Commission referred to in section 47 of the Australian Crime Commission Act 2002 of the Commonwealth.
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Australian Crime Commission.
(4) A person authorised to act on behalf of another person referred to in this item.
(5) In this item—
"Australian Crime Commission" means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;
"CEO "has the same meaning as in the Australian Crime Commission Act 2002 of the Commonwealth.
10. Australian Federal Police
(1) The Commissioner of the Australian Federal Police.
(2) A member or a special member of the Australian Federal Police.
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Australian Federal Police.
11. Australian Security and Intelligence Organisation
(1) The Director-General of Australian Security and Intelligence Organisation.
(2) An ASIO employee within the meaning of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth.
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Australian Security and Intelligence Organisation.
(4) A person authorised to act on behalf of another person referred to in this item.
12. Attorney-General's Department of the Commonwealth
(1) The Secretary to the Attorney-General's Department of the Commonwealth.
(2) An APS employee (within the meaning of the Public Service Act 1999 of the Commonwealth) in the Attorney-General's Department of the Commonwealth.
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Attorney-General's Department of the Commonwealth.
13. Department of Foreign Affairs and Trade of the Commonwealth
(1) The Secretary to the Department of Foreign Affairs and Trade of the Commonwealth.
(2) An APS employee (within the meaning of the Public Service Act 1999 of the Commonwealth) in the Department of Foreign Affairs and Trade of the Commonwealth.
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department of Foreign Affairs and Trade of the Commonwealth.
14. Department of Human Services of the Commonwealth
(1) The Secretary to the Department of Human Services of the Commonwealth.
(2) An APS employee (within the meaning of the Public Service Act 1999 of the Commonwealth) in the Department of Human Services of the Commonwealth.
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department of Human Services of the Commonwealth.
15. Department of Home Affairs of the Commonwealth
(1) The Secretary to the Department of Home Affairs of the Commonwealth.
(2) An APS employee (within the meaning of the Public Service Act 1999 of the Commonwealth) in the Department of Home Affairs of the Commonwealth.
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Department of Home Affairs of the Commonwealth.
16. New South Wales Crime Commission
(1) An officer of the New South Wales Crime Commission.
(2) A person who provides services or advice (whether paid or unpaid) to or on behalf of the New South Wales Crime Commission.
(3) A person authorised to act on behalf of another person referred to in this item.
(4) In this item—
"New South Wales Crime Commission" means the Commission within the meaning of the Crime Commission Act 2012 of New South Wales;
"officer" of the New South Wales Crime Commission means an officer of the Commission within the meaning of the Crime Commission Act 2012 of New South Wales.
17. Office of the Commonwealth Director of Public Prosecutions
(1) The Commonwealth Director of Public Prosecutions.
(2) A member of the staff of the Office of the Commonwealth Director of Public Prosecutions within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth.
(3) A person who provides services or advice (whether paid or unpaid) to or on behalf of the Office of the Commonwealth Director of Public Prosecutions.
(4) A person authorised to act on behalf of another person referred to in this item.
18. Police force of other State or Territory
(1) A member of the police force or police service of another State or a Territory.
(2) A person who provides services or advice (whether paid or unpaid) to or on behalf of the police force or police service of another State or a Territory.
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