Victorian Current Acts

DISABILITY ACT 2006 - SECT 36

    (1)     Unless subsection (2) applies, a person who is or has been, at any time, a community visitor must not, either directly or indirectly make a record of, or divulge or communicate to any person, or make use of, any information that is or was acquired by the person because the person is or was appointed as a community visitor, for any purpose, except to the extent necessary for the person—

        (a)     to perform any official duties; or

        (b)     to perform or exercise any function or power under this Act.

Penalty:     60 penalty units.

    (2)     Subsection (1) does not prevent a person from—

S. 36(2)(a) amended by No. 19/2019 s. 34(2).

        (a)     producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act or the Residential Tenancies Act 1997 ; or

        (b)     divulging or communicating to a court, in the course of any proceedings referred to in paragraph (a), any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or in the exercise of a power referred to in subsection (1); or

        (c)     producing a document or divulging or communicating information that is required or permitted by any Act to be produced, divulged or communicated, as the case may be, if, where the document or information relates to the personal affairs of another person, that other person has given consent in writing.

Note to s. 36 inserted by No. 23/2017 s. 35.

Note

See also Part 5A of the Family Violence Protection Act 2008 in respect of the use and disclosure obligations of persons or bodies prescribed to be information sharing entities under that Act.

Part 4—Disability services

Division 1—General provisions