Victorian Numbered Acts

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FAMILY VIOLENCE REFORM IMPLEMENTATION MONITOR ACT 2016 (NO. 74 OF 2016) - SECT 20

Constraints on access to information not to apply

    (1)     An obligation to maintain secrecy or any other restriction on the disclosure of information by an agency, imposed by or under an Act or rule of law, does not apply—

        (a)     to the disclosure of information required by the Implementation Monitor under section 17; or

        (b)     to information obtained by the Implementation Monitor under section 18.

    (2)     The Implementation Monitor or any other person must not divulge or communicate, except to another person performing duties under this Act, any information which has come to the knowledge of the Implementation Monitor by reason, directly or indirectly, of subsection (1) if the person who had possession of that information could not, but for that subsection, lawfully have divulged that information to the Implementation Monitor or the other person.

    (3)     Despite subsection (2) or any other law to the contrary, the Implementation Monitor may include in an Implementation Report any information obtained in the course of the Implementation Monitor's performance of functions under this or any other Act (other than information that would disclose a deliberation or decision of Cabinet that has not been officially published) if the Implementation Monitor considers that—

        (a)     the information is relevant to the subject matter of the Report; and

        (b)     following consultation with the Minister (if any) responsible for the agency that provided the information—the inclusion of the information in the Report is in the public interest.

    (4)     In considering whether the inclusion of the information is in the public interest for the purposes of subsection (3)(b), the Implementation Monitor must have regard to—

        (a)     the nature and sensitivity of family violence issues; and

        (b)     the importance of protecting the privacy of victims and survivors of family violence.



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