Victorian Numbered Acts Victorian Numbered ActsAfter Division 1 of Part 13 of the Residential Tenancies Act 1997 insert —
(1) This section applies to the following persons—
(a) an SDA provider or a person who is or has been employed or engaged by an SDA provider or who otherwise provides or has provided SDA enrolled dwellings under Part 2 or 12A;
(b) a person who is or has been appointed to any office under this Act or the Disability Act 2006 or employed or engaged under this Act or the Disability Act 2006 to perform a function under Part 2 or 12A in relation to the provision of an SDA enrolled dwelling.
(2) A person to whom this section applies must not, directly or indirectly, disclose to any person, any information relating to the provision of SDA enrolled dwellings that is gained by or given to that person in that person's official capacity and that identifies, or is likely to lead to the identification of, the person to whom the information relates.
Penalty: 20 penalty units.
(3) A person or body to whom information is disclosed in relation to the provision of SDA enrolled dwellings must not use or transfer that information unless—
(a) the person or body does so for the purpose for which the information has been disclosed to the person or body; or
(b) the person or body is authorised by or under an Act or other law to do so.
Penalty: 20 penalty units.
(4) Subsections (2) and (3) do not prevent the disclosure of information—
(a) to the extent that the information is reasonably required in connection with the performance of a duty or the exercise of a power or function under this or any other Act; and
(b) by an SDA provider to the Director of information of a statistical nature which the SDA provider is required to provide under this Act for the purpose of enabling the Director to perform functions conferred, and meet obligations imposed, on the Director under this Act or any Commonwealth Act; and
(c) 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; and
(d) to a supportive attorney under a supportive attorney appointment, within the meaning of the Powers of Attorney Act 2014 ; and
(e) to a medical treatment decision maker within the meaning of the Medical Treatment Planning and Decisions Act 2016 , to the extent that it is necessary to enable the medical treatment decision maker to make medical treatment decisions on behalf of the person to whom the information relates; and
(f) to 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; and
(g) to another person to whom subsection (2) applies, if the disclosure is reasonably required in connection with the provision by that other person of SDA enrolled dwellings under this Act to the person to whom the information relates; and
(h) to any person to the extent that is necessary in connection with the provision of care or treatment to the person to whom the information relates if the person to whom the information relates is unable to consent to the disclosure and without the disclosure the person may, in the opinion of the discloser, suffer detriment; and
(i) to the Secretary within the meaning of the Disability Act 2006 ; and
(j) to the Disability Services Commissioner within the meaning of the Disability Act 2006 ; and
(k) to the Senior Practitioner within the meaning of the Disability Act 2006 ; and
(l) to the Public Advocate; and
(m) to a person to whom, in the opinion of the Director, it is in the public interest that the disclosure be made; and
(n) to the NDIA and to any prescribed person or body, and to any person or body of a prescribed class of person or body, for the purposes of the NDIS; and
(o) to the NDIS Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth; and
(p) to the Commonwealth Minister administering the Aged Care Act 1997 of the Commonwealth for the purposes of providing or arranging accommodation for a person with a disability who is or was receiving specialist disability accommodation in an SDA enrolled dwelling; and
(q) to a prescribed body for the purposes of exercising a duty or performing a function under this or any other Act.
(5) For the purposes of section 3(a), "any other Act" does not include the Health Privacy Principles in the Health Records Act 2001 or Part 3 or Part 5 of that Act.'.