Victorian Current Acts Victorian Current Acts(1) A relevant person must not disclose, use or transfer protected information disclosed to the relevant person unless the disclosure, use or transfer is—
(a) made in the performance of a function or exercise of a power under this Act or any other Act including any Commonwealth Act; or
(b) required or permitted by or under this Act or any other Act including any Commonwealth Act.
Penalty: 20 penalty units.
(2) A relevant person may disclose protected information to the following—
(a) the Secretary to the department for which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible;
(b) the Secretary to the department for which the Minister administering the Commonwealth Disability Support for Older Australians program or a prescribed program is responsible;
(c) the Secretary for the purposes of enabling the Secretary to perform the functions conferred, and meet the obligations imposed, on the Secretary under this Act or any other Act including any Commonwealth Act;
(d) a supportive attorney under a supportive attorney appointment, within the meaning of the Powers of Attorney Act 2014 , to the extent that is necessary to enable the supportive attorney to carry out the role of supportive attorney;
(e) a medical treatment decision maker within the meaning of the Medical Treatment Planning and Decisions Act 2016 , to the extent that is necessary to enable the medical treatment decision maker to make medical treatment decisions on behalf of the person to whom the information relates;
(f) a support person within the meaning of the Medical Treatment Planning and Decisions Act 2016 , to the extent that is necessary to enable the support person to carry out the functions of a support person under that Act;
(g) a supportive administrator acting under a supportive administration order within the meaning of the Guardianship and Administration Act 2019 ;
(h) a supportive guardian acting under a supportive guardianship order within the meaning of the Guardianship and Administration Act 2019 ;
(i) an emergency service provider if the disclosure is reasonably required for the emergency service provider to carry out a function under any Act in relation to the person to whom the information relates;
(j) another relevant person, if the disclosure is reasonably required in connection with the provision by that person or body of services under this Act or the NDIS Act to the person to whom the information relates including for the purposes of—
(i) assessing, developing or implementing a treatment plan, behaviour support plan or NDIS behaviour support plan; or
(ii) implementing, monitoring and supervising a supervised treatment order;
(k) any person or body (including a family member or carer of the person to whom the information relates), to the extent that is necessary in connection with the provision of care, treatment or support to the person to whom the information relates if the person is unable to consent to the disclosure and without the disclosure the person may, in the opinion of the discloser, suffer detriment.
(3) A relevant person may disclose protected information—
(a) to the extent that is reasonably required in connection with the performance of a duty or the exercise of a power or function under this Act or any other Act including—
(i) for the purposes of developing or maintaining and improving the information systems required to be maintained under section 39; or
(ii) for the purposes of planning, managing, monitoring, evaluating and improving the provision of disability services, the use of restrictive practices and implementing, monitoring and supervising supervised treatment orders and which is of a statistical nature; or
(b) with the consent of the person to whom the information relates or of that person's guardian or of that person's next-of-kin if that person is dead; or
(c) for the purposes of obtaining or seeking legal advice; or
(d) if the disclosure is authorised or required by any other Act or law; or
(e) if the disclosure is reasonably necessary to lessen or prevent—
(i) a serious threat to a person's life, health, safety or wellbeing; or
(ii) a serious threat to public health, public safety or public wellbeing.
(4) If it is reasonably necessary for a purpose specified in subsection (5), a relevant person may disclose protected information to the following persons or bodies—
(a) the Senior Practitioner;
(b) the Commission for Children and Young People;
(c) the Public Advocate;
(d) the Transport Accident Commission within the meaning of the Transport Accident Act 1986 ;
(e) the Victorian WorkCover Authority;
(f) the Disability Worker Registration Board;
(g) the Victorian Disability Worker Commission;
(h) the Victorian Disability Worker Commissioner;
(i) an NDIS worker screening unit within the meaning of the Worker Screening Act 2020 ;
(j) the NDIA;
(k) the NDIS Quality and Safeguards Commission;
(l) the Secretary within the meaning of the Worker Screening Act 2020 , for the purposes of performing functions in relation to screening checks under that Act;
(m) the Disability Services Commissioner;
S. 202AB (4)(ma) inserted by No. 37/2021 s. 355 (as amended by No. 9/2023 s. 266(2)).
(ma) the Social Services Regulator;
(n) Victoria Police;
(o) the Chief Commissioner of Police within the meaning of the Victoria Police Act 2013 ;
(p) a coroner within the meaning of the Coroners Act 2008 ;
(q) the Ombudsman;
(r) the IBAC;
(s) a prescribed person or body.
(5) For the purposes of subsection (4), the following purposes are specified—
(a) the performance of a function or the exercise of a power under this Act, the Social Services Regulation Act 2021 or the NDIS Act by a relevant person;
(b) the performance of a function or the exercise of a power under this or any other Act by a person or body set out in subsection (4).
(6) In this section—
"emergency service provider" means—
(a) Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986 ; and
(b) a prescribed entity or prescribed class of entity.
S. 202AC inserted by No. 9/2023 s. 105.