Victorian Current Acts Victorian Current Acts(1) If an information sharing entity requires the consent of a primary person or a linked person before disclosing confidential information under this Part, and that person is incapable of giving consent to the disclosure, the information sharing entity may obtain consent from that person's authorised representative unless the authorised representative is—
(a) a person of concern; or
(b) alleged to pose a risk of family violence.
(2) For the purposes of subsection (1), a primary person or a linked person is incapable of giving consent if the person is incapable (despite the provision of reasonable assistance by another person) by reason of age, injury, disease, illness, disability, physical impairment or mental disorder of—
(a) understanding the general nature and effect of giving the consent; or
(b) communicating the consent or refusal of consent.
(3) In this section—
S. 144ND(3) def. of authorised representative amended by Nos 23/2017 s. 37, 13/2019 s. 221(Sch. 1 item 15.3).
"authorised representative", in relation to a primary person or a linked person means a person who is—
(a) the primary person's or linked person's guardian; or
(b) a medical treatment decision maker for the individual within the meaning of the Medical Treatment Planning and Decisions Act 2016 ; or
(ba) a support person for the individual within the meaning of the Medical Treatment Planning and Decisions Act 2016 ; or
(c) an administrator appointed for the primary person or linked person in an administration order made under the Guardianship and Administration Act 2019 ; or
(d) otherwise empowered under law to perform any functions or duties or exercise powers as an agent of or in the best interests of the primary person or linked person;
"disability" has the same meaning as in the Disability Act 2006 .
Division 6—The Central Information Point
S. 144O inserted by No. 23/2017 s. 7.