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FAMILY VIOLENCE PROTECTION AMENDMENT (INFORMATION SHARING) ACT 2017 (NO. 23 OF 2017) - SECT 25

Document affecting personal privacy

    (1)         In section 33(2) of the Freedom of Information Act 1982 , for "subsection (4)" substitute "subsection (2AB) or (4)".

    (2)     After section 33(2A) of the Freedom of Information Act 1982 insert

    "(2AB)     Without limiting subsection (2A), if—

        (a)     the request is made to an agency that is an information sharing entity, or to a Minister for access to an official document of an agency that is an information sharing entity; and

        (b)         the document contains information relating to the personal affairs of the person making the request; and

        (c)     the person making the request is a person of concern, or a person who is alleged to pose a risk of committing family violence—

in deciding whether the disclosure would involve the unreasonable disclosure of information relating to the personal affairs of any person, the agency or Minister must also take into account whether the disclosure would increase the risk to a primary person's safety from family violence.".

    (3)     In section 33(9) of the Freedom of Information Act 1982

        (a)     in the definition of information relating to the personal affairs of any person , for "determined." substitute "determined;";

        (b)     insert the following definitions—

" person of concern has the meaning given in section 144B of the Family Violence Protection Act 2008 ;

primary person has the meaning given in section 144E of the Family Violence Protection Act 2008 .".



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