{"id":"a-2024-17","name":"Domestic Violence Agencies (Information Sharing) Amendment Act 2024","slug":"domestic-violence-agencies-information-sharing-amendment-act-2024","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"17 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23444,"registerId":"act-a-2024-17-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Domestic Violence Agencies (Information Sharing) Amendment Act 2024","content":"J2021-745\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nDomestic Violence Agencies\n(Information Sharing)\nAmendment Act 2024\nA2024-17\nContents\nPage\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\n4 Dictionary\nSection 2, note 1 2\n5 New sections 3A and 3B 3\n6 Sections 5 to 7 4\n7 New part 3 4\n\nContents\nPage\ncontents 2 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Meaning of domestic or family violence incident—pt 3A\nSection 16C (3), definition of family member 29\n9 Use and disclosure of protected information\nSection 16U (5), definitions of disclose, information and use 29\n10 Section 18 29\n11 Dictionary, note 2 30\n12 Dictionary, new definition of at-risk person 30\n13 Dictionary, definition of child 30\n14 Dictionary, new definitions 31\n15 Dictionary, definition of DFVR coordinator 31\n16 Dictionary, new definitions 31\n17 Dictionary, definition of domestic or family violence incident 31\n18 Dictionary, new definitions 32\n19 Further amendments, mentions of domestic or family violence 33\n20 Further amendments, mentions of family violence 33\n\nJ2021-745\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nDomestic Violence Agencies\n(Information Sharing)\nAmendment Act 2024\nA2024-17\nAn Act to amend the Domestic Violence Agencies Act 1986\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nSection 1\npage 2 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024.\n2 Commencement\n(1) This Act commences on a day fixed by the Minister by written notice.\nNote 1 The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\nNote 2 A single day or time may be fixed, or different days or times may be\nfixed, for the commencement of different provisions (see Legislation Act,\ns 77 (1)).\n(2) If this Act has not commenced within 12 months beginning on its\nnotification day, it automatically commences on the first day after that\nperiod.\n(3) The Legislation Act, section 79 (Automatic commencement of\npostponed law) does not apply to this Act.\n3 Legislation amended\nThis Act amends the Domestic Violence Agencies Act 1986.\n4 Dictionary\nSection 2, note 1\nsubstitute\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example the signpost definition ‘family member—see the Family\nViolence Act 2016, section 9.’ means that the term ‘family member’ is\ndefined in that section of that Act and the definition applies to this Act.\n\nSection 5\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 New sections 3A and 3B\nin part 1, insert\n3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n3B Objects of Act\nThe objects of this Act include—\n(a) to prevent and reduce domestic and family violence; and\n(b) to promote the safety, protection and wellbeing of people,\nincluding children or young people, who are, or are at risk of\nbeing, subjected to domestic and family violence; and\n(c) to promote the accountability of perpetrators of domestic and\nfamily violence for their actions; and\n(d) to promote the development of skills and expertise of\ngovernment and community-based organisations to understand,\nrespond to and prevent domestic and family violence.\n\nSection 6\npage 4 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Sections 5 to 7\nomit\ndomestic violence and family violence\nsubstitute\ndomestic and family violence\n7 New part 3\ninsert\nPart 3 Information sharing between\ncertain entities\nDivision 3.1 Purpose and important concepts\n11 Purpose—pt 3\nThe purposes of this part are to—\n(a) facilitate the sharing of information among information sharing\nentities to establish, assess, manage, prevent and reduce risks of\ndomestic and family violence; and\n(b) promote and support coordination and collaboration between\ninformation sharing entities to establish, assess, manage, prevent\nand reduce risks of domestic and family violence.\n12 Safety principle—pt 3\nA person exercising a function under this part must prioritise the\nsafety and protection of people experiencing, or at risk of, domestic\nand family violence as far as possible.\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Definitions—pt 3\nIn this part:\nat-risk person means—\n(a) a person who an information sharing entity reasonably believes\nhas been, is being, or is at risk of being, subjected to domestic\nand family violence; and\n(b) includes a child or young person.\nconnected person means a person who has information, or about\nwhom information is, relevant to a protection purpose, other than—\n(a) an at-risk person; or\n(b) a person of concern.\nExample\nAnna is an at-risk person, David is a person of concern for Anna, they have children\nat a school. An information sharing entity has concerns about Anna because she has\nnot been seen recently. The entity asks the school if there has been any change to\nAnna’s routine in picking up the children from school. The children are picked up\nsome days by Anna and some days by Aunty Jo. Aunty Jo is a connected person in\nthis situation.\ndeal, with information, means collect, use or disclose the information.\nentity protocol—see section 16AW (1).\ninformation sharing coordinator means the entity declared to be the\ninformation sharing coordinator under section 16AF (1).\ninformation sharing entity—see section 14 (1).\nMinisterial protocol—see section 16AV (1).\nperson of concern means a person who an information sharing entity\nreasonably believes has engaged in, is engaging in, or is at risk of\nengaging in, domestic and family violence.\nprotection purpose—see section 15 (a).\n\nSection 7\npage 6 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrestricted entity means an information sharing entity declared under\nsection 14 (2) if protection purposes are stated in the declaration\nunder section 14 (3).\nrisk assessment and management framework—see\nsection 16AU (1).\n14 Meaning of information sharing entity—pt 3\n(1) In this part:\ninformation sharing entity means the following:\n(a) the information sharing coordinator;\n(b) an ACT education provider within the meaning of the Children\nand Young People Act 2008, section 25 (3);\n(c) the approved provider of an approved education and care service\nunder the Education and Care Services National Law (ACT);\nNote The Education and Care Services National Law (ACT) Act 2011,\ns 6 applies the Education and Care Services National Law set out\nin the Education and Care Services National Law Act 2010 (Vic),\nschedule as if it were an ACT law called the Education and Care\nServices National Law (ACT).\n(d) the chief police officer;\n(e) the commissioner appointed under the Aboriginal and Torres\nStrait Islander Children and Young People Commissioner\nAct 2022, section 10 (1);\n(f) a commissioner under the Human Rights Commission Act 2005;\n(g) the DFVR coordinator;\n(h) the director-general;\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(i) any other director-general of an administrative unit responsible\nfor 1 or more of the following matters:\n(i) children and young people;\n(ii) community services;\n(iii) corrective services;\n(iv) disability services;\n(v) education, including early childhood development;\n(vi) emergency services;\n(vii) family safety and support services;\n(viii) health regulatory and public health intervention programs;\n(ix) health services and facilities, including mental health;\n(x) housing services, including homelessness services;\n(xi) restorative justice;\n(xii) youth justice;\n(xiii) other services or facilities in relation to at-risk people or\npeople of concern;\n(j) the licensed proprietor of a childcare service licensed under the\nChildren and Young People Act 2008, section 747;\n(k) the public trustee and guardian;\n(l) the registrar of firearms;\n(m) any other entity declared to be an information sharing entity\nunder subsection (2).\n(2) The Minister may declare an entity to be an information sharing\nentity.\n\nSection 7\npage 8 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A declaration may state the protection purposes for which the\ninformation sharing entity may have information disclosed to it or use\ninformation under this part.\n(4) A declaration is a disallowable instrument.\nDivision 3.2 Information sharing requirements\n15 Information sharing for protection purpose\nAn information sharing entity must not deal with information under\nthis part other than to the extent necessary for—\n(a) any of the following purposes (a protection purpose):\n(i) establishing or assessing whether an at-risk person is being\nsubjected to, or is likely to be subjected to, domestic and\nfamily violence;\n(ii) establishing or assessing whether a person of concern is\nengaging in, or is likely to engage in, domestic and family\nviolence;\n(iii) taking action to prevent or reduce the risk of domestic and\nfamily violence occurring;\n(iv) managing domestic and family violence or suspected\ndomestic and family violence; or\n(b) a purpose provided for under division 3.5.\n16 Requirements for information sharing\n(1) In dealing with information under this part, an information sharing\nentity must—\n(a) comply with any requirement for consent under division 3.6 in\nrelation to the information; and\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) comply with any requirements for dealing with the information\nunder each of the following:\n(i) a risk assessment and management framework;\n(ii) a Ministerial protocol;\n(iii) an entity protocol; and\n(c) disclose information to a restricted entity only for a protection\npurpose stated in the restricted entity’s declaration; and\n(d) if the entity is a restricted entity—use information only for a\nprotection purpose stated in the restricted entity’s declaration.\n(2) In exercising a function under this part in relation to an at-risk person,\nan information sharing entity must—\n(a) take into account the person’s—\n(i) cultural, sexual and gender identity; and\n(ii) religious or spiritual beliefs (if known); and\n(b) if the person identifies as Aboriginal or Torres Strait Islander—\n(i) promote the person’s right to self-determination and\ncultural sensitivities; and\n(ii) consider the person’s family and community connections;\nand\n(c) if the person is a child or young person—take into account the\nage, maturity and decision-making ability of the child or young\nperson.\n\nSection 7\npage 10 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.3 Information sharing for protection\npurposes\n16AA Meaning of relevant ground—div 3.3\nFor this division, a relevant ground for not disclosing information\nexists if the disclosure—\n(a) would contravene a requirement for information sharing under\nsection 16; or\n(b) could reasonably be expected to—\n(i) endanger a person’s life or physical safety; or\n(ii) prejudice an investigation; or\n(iii) prejudice a coronial inquest or inquiry; or\n(iv) enable the existence or identity of a confidential source of\ninformation for the enforcement or administration of a law\nin force in the ACT to be revealed; or\n(v) prejudice the effectiveness of a lawful method or\nprocedure for preventing, detecting, investigating or\ndealing with a contravention, or possible contravention, of\na law in force in the ACT; or\n(vi) prejudice a proceeding in a court or tribunal; or\n(vii) contravene an order of a court or tribunal; or\n(viii) be contrary to the public interest.\nNote The Legislation Act, s 170 and s 171 deal with the application of\nthe privilege against self-incrimination and client legal privilege.\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16AB Information sharing entities may share information\n(1) An information sharing entity may disclose information held by it to\nanother information sharing entity if the disclosing entity reasonably\nbelieves—\n(a) the information is relevant to the exercise of the functions of the\nother entity; and\n(b) the disclosure is necessary for a protection purpose.\n(2) However, the information sharing entity must not disclose\ninformation if the entity reasonably believes a relevant ground for not\ndisclosing the information exists.\n16AC Information sharing entity must share information\n(1) An information sharing entity may ask another information sharing\nentity to disclose information for a protection purpose.\n(2) The information sharing entity must disclose the requested\ninformation if it reasonably believes—\n(a) the information is relevant to the exercise of the functions of the\nother entity; and\n(b) the disclosure is necessary for a protection purpose.\n(3) However, the information sharing entity must not disclose\ninformation if the entity reasonably believes a relevant ground for not\ndisclosing the information exists.\n(4) An information sharing entity that does not disclose information\nunder this section must tell the information sharing coordinator, in\nwriting, the following:\n(a) the name of the requesting information sharing entity;\n\nSection 7\npage 12 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the nature of the information requested;\n(c) the relevant ground for not disclosing the information.\n16AD Information sharing coordinator may require sharing of\ninformation\n(1) This section applies if an information sharing entity (other than the\ninformation sharing coordinator) has not disclosed information\nrequested under section 16AC (1).\n(2) The information sharing coordinator may, by written notice, require\nthe information sharing entity to disclose the information if the\ncoordinator reasonably believes that—\n(a) the information is relevant to the exercise of the functions of the\ninformation sharing entity that requested the information; and\n(b) the disclosure is necessary for a protection purpose.\n(3) However, the information sharing coordinator must not require the\ninformation sharing entity to disclose the information if the\ncoordinator is satisfied that a relevant ground for not disclosing the\ninformation exists.\n(4) The information sharing entity must comply with the notice.\n16AE Information sharing entity may share information with\nat-risk person\n(1) An information sharing entity may disclose information about a\nperson of concern held by it to an at-risk person if the entity\nreasonably believes the disclosure is necessary for a protection\npurpose.\n(2) However, the information sharing entity must not disclose any\ninformation if the entity reasonably believes that a relevant ground\nfor not disclosing the information exists.\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.4 Information sharing coordinator\n16AF Information sharing coordinator\n(1) The Minister may declare an entity to be the information sharing\ncoordinator if satisfied that the entity has suitable expertise and\nexperience to exercise the functions of the information sharing\ncoordinator.\n(2) A declaration is a disallowable instrument.\n16AG Functions of information sharing coordinator\nThe functions of the information sharing coordinator are to—\n(a) facilitate the sharing of information among information sharing\nentities under this part; and\n(b) identify and take appropriate action for a protection purpose;\nand\n(c) any other function given to the coordinator under this part.\n16AH Use of information by information sharing coordinator\n(1) The information sharing coordinator may consider any information\ndisclosed to it under this part and take action in relation to the\ninformation that the coordinator reasonably considers appropriate for\na protection purpose, taking into account the following:\n(a) the safety and protection of the at-risk person;\n(b) the at-risk person’s views about the proposed action, where safe,\nreasonable and practicable to seek their views;\n(c) the seriousness of the circumstances;\n\nSection 7\npage 14 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) anything else prescribed by regulation.\nNote The information sharing coordinator must also take into account the\nmatters mentioned in s 16 (2).\n(2) Without limiting subsection (1), the actions the information sharing\ncoordinator may take include the following:\n(a) seeking information from an information sharing entity to\ndecide the most appropriate action to take;\n(b) giving advice to an information sharing entity about appropriate\naction to take;\n(c) coordinating information sharing entities in taking action;\nExample\nholding a service coordination meeting with information sharing entities\n(d) providing assistance to the at-risk person and, if appropriate,\ntheir family members, for example, by giving advice or\nproviding or arranging support services;\n(e) referring the at-risk person and, if appropriate, their family\nmembers to a government or non-government entity for advice\nor support services.\nDivision 3.5 Disclosure and use of information\nother than for protection purpose\n16AI Disclosure and use of information other than for\nprotection purpose\n(1) An information sharing entity must not disclose or use information\ndisclosed to it under this part other than—\n(a) with the consent of the at-risk person or connected person; or\n(b) to the extent required or allowed under a territory law to lessen\nor prevent a serious and urgent threat to the life, health or safety\nof an individual, or to public health or safety; or\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) to comply with—\n(i) a mandatory reporting requirement under the Children and\nYoung People Act 2008, section 356; or\n(ii) a reportable conduct requirement under the Ombudsman\nAct 1989, division 2.2A; or\n(d) to the extent required or allowed under a territory law prescribed\nby regulation.\n(2) The information sharing entity (other than the information sharing\ncoordinator) must tell the information sharing coordinator and the\ninformation sharing entity that disclosed the information, in writing,\nabout the disclosure or use.\nNote 1 Reportable conduct information may be given to certain entities under the\nChildren and Young People Act 2008, div 25.3.3 despite any territory law\nto the contrary (see that Act, s 863F).\nNote 2 Other laws may restrict dealing with information under this part.\nFor example, for restrictions on sharing information about who makes a\nreport, see the Children and Young People Act 2008, s 857.\nDivision 3.6 Consent to dealing with sensitive\ninformation\n16AJ Application—div 3.6\nThis division applies in relation to any proposed dealing with\nsensitive information about a person under this part.\nNote Other requirements for information sharing are set out in s 16.\n\nSection 7\npage 16 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16AK Meaning of sensitive information—div 3.6\nIn this division:\nsensitive information means information or an opinion about an\nidentified individual, or an individual who is reasonably\nidentifiable—\n(a) whether the information or opinion is true or not; and\n(b) whether the information or opinion is recorded in a material\nform or not.\n16AL Consent—at-risk adults\n(1) An information sharing entity must not deal with sensitive\ninformation about an at-risk person who is an adult without the\nperson’s consent.\n(2) In seeking consent, the information sharing entity must, as far as\npracticable, provide the at-risk person with access to all reasonable\nsupport necessary for the at-risk person to make and communicate\ntheir decision about giving consent.\nExamples\n1 offering the person an opportunity to contact a support person\n2 offering additional time to make the decision\n(3) However, the information sharing entity may deal with the sensitive\ninformation without the at-risk person’s consent if—\n(a) the entity reasonably believes that dealing with the information\nis necessary for the safety and protection of the at-risk person;\nand\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the entity—\n(i) reasonably believes that seeking the at-risk person’s\nconsent may cause a risk to the life, health or safety of the\nat-risk person or a connected person; or\n(ii) is unable to locate or contact the at-risk person despite\ntaking reasonable steps; or\n(iii) reasonably believes that failing to deal with the\ninformation may cause a serious risk to the life, health or\nsafety of the at-risk person or a connected person.\n16AM Consent—at-risk young people generally\n(1) This section applies if an information sharing entity proposes to deal\nwith sensitive information about an at-risk person who is a young\nperson, other than a young person mentioned in section 16AN (1) (b).\n(2) The information sharing entity must not deal with sensitive\ninformation about the young person without the person’s consent.\n(3) In seeking consent, the information sharing entity must, as far as\npracticable, provide the young person with access to all reasonable\nsupport necessary for the young person to make and communicate\ntheir decision about giving consent.\n(4) However, the information sharing entity may deal with the sensitive\ninformation without the young person’s consent if—\n(a) the entity reasonably believes that dealing with the information\nis necessary for the safety and protection of the young person;\nand\n(b) the entity—\n(i) reasonably believes that seeking the young person’s\nconsent may cause a risk to the life, health or safety of the\nyoung person or a connected person; or\n\nSection 7\npage 18 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) is unable to locate or contact the young person despite\ntaking reasonable steps; or\n(iii) reasonably believes that failing to deal with the\ninformation may cause a serious risk to the life, health or\nsafety of the young person or a connected person.\n16AN Consent—at-risk children and certain young people\n(1) This section applies if an information sharing entity proposes to deal\nwith sensitive information about an at-risk person who is—\n(a) a child; or\n(b) a young person who the entity reasonably believes does not have\nsufficient decision-making ability to give consent under\nsection 16AM, taking into account the young person’s age and\nmaturity.\n(2) The information sharing entity must not deal with sensitive\ninformation about the child or young person without the consent of a\nperson with parental responsibility for the child or young person.\n(3) In seeking consent, the information sharing entity must, as far as\npracticable, provide a person with parental responsibility for the child\nor young person with access to all reasonable support necessary for\nthe person with parental responsibility to make and communicate\ntheir decision about giving consent.\n(4) However, the information sharing entity may deal with the sensitive\ninformation without the consent of a person with parental\nresponsibility for the child or young person if—\n(a) the entity reasonably believes that dealing with the information\nis necessary for the safety and protection of the child or young\nperson; and\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the entity—\n(i) reasonably believes that seeking the consent of a person\nwith parental responsibility may cause a risk to the life,\nhealth or safety of the child or young person, or a\nconnected person; or\n(ii) is unable to locate or contact a person with parental\nresponsibility despite taking reasonable steps; or\n(iii) reasonably believes that failing to deal with the\ninformation may cause a serious risk to the life, health or\nsafety of the child or young person, or a connected person.\n(5) Despite anything else in this section, the information sharing entity\nmust not contact or seek the consent of a person of concern in relation\nto the child or young person.\n(6) In this section:\nperson with parental responsibility, for a child or young person,\nmeans a person with parental responsibility for the child or young\nperson under the Children and Young People Act 2008,\ndivision 1.3.2.\n16AO Consent—connected people\n(1) An information sharing entity must not deal with sensitive\ninformation about a connected person without the person’s consent.\n(2) In seeking consent, the information sharing entity must, as far as\npracticable, provide the connected person with access to all\nreasonable support necessary for the connected person to make and\ncommunicate their decision about giving consent.\n\nSection 7\npage 20 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However, the information sharing entity may deal with the sensitive\ninformation without the connected person’s consent if—\n(a) the entity reasonably believes that dealing with the information\nis necessary for the safety and protection of an at-risk person;\nand\n(b) the entity—\n(i) reasonably believes that seeking the connected person’s\nconsent may cause a risk to the life, health or safety of the\nconnected person or an at-risk person; or\n(ii) is unable to locate or contact the connected person despite\ntaking reasonable steps; or\n(iii) reasonably believes that failing to deal with the\ninformation may cause a serious risk to the life, health or\nsafety of the connected person or an at-risk person.\n16AP No consent of person of concern\n(1) An information sharing entity must not seek the consent of a person\nof concern to deal with sensitive information about the person.\n(2) Not having the person of concern’s consent does not limit the\ninformation sharing entity’s ability to deal with the sensitive\ninformation.\nDivision 3.7 Informing people about disclosure\nand use of information\n16AQ Certain people to be told about disclosure for protection\npurpose\n(1) This section applies if an information sharing entity discloses\ninformation in relation to an at-risk person or connected person for a\nprotection purpose under this part.\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The information sharing entity must tell the at-risk person or\nconnected person about the disclosure, including—\n(a) the name of the information sharing entity to which the\ninformation was disclosed; and\n(b) when the information was disclosed; and\n(c) the nature of the information disclosed; and\n(d) any outcomes of the disclosure.\n(3) However, the information sharing entity need not tell the at-risk\nperson or connected person about the disclosure if—\n(a) the person has indicated, in writing, that they do not wish to be\ntold; or\n(b) another entity has already told the person; or\n(c) it is not practicable in the circumstances to tell the person; or\n(d) the entity reasonably believes that telling the person may cause\na risk to the life, health or safety of the at-risk person or\nconnected person.\n16AR Certain people to be told about action for protection\npurpose\n(1) This section applies if—\n(a) an information sharing entity proposes to take action for a\nprotection purpose as a result of information dealt with under\nthis part; and\n(b) the information sharing entity reasonably believes that the\nproposed action may cause a risk to the life, health or safety of\nan at-risk person or connected person.\nExample—par (a)\nthe chief police officer proposes to increase the monitoring of a person of concern\n\nSection 7\npage 22 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The information sharing entity must tell the at-risk person or\nconnected person about the proposed action and the risk.\n(3) However, the information sharing entity need not tell the at-risk\nperson or connected person about the proposed action and the risk\nif—\n(a) another entity has already told the person; or\n(b) it is not practicable in the circumstances to tell the person; or\n(c) the entity reasonably believes that telling the person may cause\na risk to the life, health or safety of the at-risk person or\nconnected person.\n16AS Certain people to be told about disclosure and use other\nthan for protection purpose\n(1) This section applies if an information sharing entity discloses or uses\ninformation in relation to an at-risk person or connected person for a\npurpose other than a protection purpose under section 16AI.\n(2) The information sharing entity must tell the at-risk person or\nconnected person about the disclosure or use, including—\n(a) the name of the information sharing entity to which the\ninformation was disclosed or which used the information; and\n(b) when the information was disclosed or used; and\n(c) the nature of the information disclosed or used; and\n(d) any outcomes of the disclosure or use.\nNote Other laws may restrict dealing with information under this part.\nFor example, for restrictions on sharing information about who makes a\nreport, see the Children and Young People Act 2008, s 857.\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) However, the information sharing entity need not tell the at-risk\nperson or connected person about the disclosure or use if—\n(a) the person has consented to the disclosure or use; or\n(b) the person has indicated, in writing, that they do not wish to be\ntold; or\n(c) another entity has already told the person; or\n(d) it is not practicable in the circumstances to tell the person; or\n(e) the entity reasonably believes that telling the person may cause\na risk to the life, health or safety of the at-risk person or\nconnected person.\n16AT Telling person of concern not required\nAn information sharing entity must not tell a person of concern that\ninformation has been dealt with under this part.\nDivision 3.8 Miscellaneous\n16AU Risk assessment and management framework\n(1) The Minister must declare a framework (a risk assessment and\nmanagement framework) about dealing with information by an\ninformation sharing entity under this part.\n(2) A declaration is a notifiable instrument.\n16AV Information sharing protocols—Minister\n(1) The Minister must make protocols in relation to the operation of this\npart (a Ministerial protocol).\n\nSection 7\npage 24 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Without limiting subsection (1), a Ministerial protocol may—\n(a) state requirements for dealing with information under this part,\nincluding in relation to the following:\n(i) seeking the consent of a person;\n(ii) dealing with information without consent;\n(iii) how information sharing entities are to engage with each\nother and the information sharing coordinator;\n(iv) identifying whether a protection purpose exists;\n(v) timeframes for disclosing information or telling at-risk\npeople about information dealt with under this part;\n(vi) complying with privileges against self-incrimination and\nexposure to civil penalty, and use and derivative use\nimmunities;\n(vii) operating requirements for information sharing entities;\nand\nExamples—subpar (vii)\n1 who may give or receive information on behalf of an entity\n2 processes to support clients who have intersecting vulnerabilities\n(b) state requirements for storing and managing information dealt\nwith under this part, including disposal requirements if the\ninformation is no longer necessary for a protection purpose; and\n(c) include information to provide guidance on complying with\nrequirements for—\n(i) dealing with information under this part; and\n(ii) storing and managing information dealt with under this\npart.\n(3) A Ministerial protocol is a notifiable instrument.\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\ndisposal, of information dealt with under this part, includes the\ndeletion or destruction of the information from a record keeping\nsystem.\n16AW Information sharing protocols—entities\n(1) An information sharing entity may make protocols about dealing with\ninformation by the entity under this part (an entity protocol).\n(2) An entity protocol must not be inconsistent with—\n(a) a risk assessment and management framework; or\n(b) a Ministerial protocol.\n(3) An entity protocol must be—\n(a) available for inspection by anyone, without charge, during\nordinary office hours at the office of the information sharing\nentity; or\n(b) published on a website controlled by the information sharing\nentity.\n16AX Disclosure and use of shared information\n(1) An information holder commits an offence if—\n(a) the information holder does something that discloses\ninformation; and\n(b) the information is shared information about someone else\n(the protected person); and\n(c) the information holder is reckless about whether—\n(i) the information is shared information about the protected\nperson; and\n\nSection 7\npage 26 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) doing the thing would result in the information being\ndisclosed to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) An information holder commits an offence if—\n(a) the information holder uses information; and\n(b) the information is shared information about a protected person;\nand\n(c) the entity is reckless about whether the information is shared\ninformation about the protected person.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth\n(3) Subsections (1) and (2) do not apply if the information holder—\n(a) discloses or uses the shared information—\n(i) in relation to the exercise of a function, as an information\nholder, under this part; or\n(ii) as required in relation to a court proceeding; or\n(iii) with the protected person’s consent; or\n(b) discloses the shared information to the chief police officer in\nconnection with a possible domestic and family violence\noffence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An information holder need not disclose shared information to a\ncourt, or produce a document containing shared information to a\ncourt, unless it is necessary to do so for this Act or another law\napplying in the ACT.\n\nSection 7\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ninformation holder means anyone who exercises, or has exercised, a\nfunction under this part.\nproduce includes allow access to.\nshared information means information about a person that is\ndisclosed to, or obtained by, an information holder because of the\nexercise of a function under this part by the information holder or\nsomeone else.\n16AY Continuation of use and derivative use immunities\nTo remove any doubt, nothing in this part affects a use or derivative\nuse immunity that applies to information obtained, directly or\nindirectly, because of the operation of a law applying in the ACT.\nExamples\n• Aboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022, s 33 (2)\n• Human Rights Commission Act 2005, s 75 (4)\n• Integrity Commission Act 2018, s 176\n16AZ Relationship with Freedom of Information Act 2016\nThe Freedom of Information Act 2016 does not apply to information\nto the extent that the information is held by an information sharing\nentity only because the information was disclosed to the entity under\nthis part.\n\nSection 7\npage 28 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16AZA Protection from liability—public employees\n(1) A public employee is not civilly liable for conduct engaged in\nhonestly and without recklessness—\n(a) in the exercise of a function under this part; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this part.\n(2) Any civil liability that would, apart from this section, attach to the\npublic employee attaches instead to the Territory.\n(3) In this section:\nconduct means an act or omission to do an act.\n16AZB Protection from liability—generally\n(1) Civil or criminal liability is not incurred only because a person deals\nwith information as permitted under this part, honestly and without\nrecklessness.\n(2) Also, dealing with information honestly and without recklessness\nunder this part is not a breach of—\n(a) confidence; or\n(b) professional etiquette or ethics; or\n(c) a rule of professional conduct.\n16AZC Review of part\n(1) The Minister must arrange for an independent entity to review the\noperation of this part as soon as practicable after the end of its\n2nd year of operation.\n\nSection 8\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The Minister must present a report of the review to the Legislative\nAssembly within 12 months after the day the review is started.\n(3) This section expires 4 years after the day it commences.\n8 Meaning of domestic or family violence incident—pt 3A\nSection 16C (3), definition of family member\nomit\n9 Use and disclosure of protected information\nSection 16U (5), definitions of disclose, information and\nuse\nomit\n10 Section 18\nsubstitute\n18 Disclosure of information to an approved crisis support\norganisation\n(1) This section applies if a police officer or a staff member of the\nAustralian Federal Police suspects on reasonable grounds that a\nfamily violence offence has been, is being or is likely to be committed\nin relation to a person.\n(2) The police officer or staff member may disclose to an approved crisis\nsupport organisation any information that is likely to aid the\norganisation in rendering assistance to the person or to any child of\nthe person.\n\nSection 11\npage 30 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nchild, of a person, includes—\n(a) a child or young person who normally lives with the person; and\n(b) a child or young person for whom the person is a person with\nparental responsibility.\nperson with parental responsibility, for a child or young person,\nmeans a person with parental responsibility for the child or young\nperson under the Children and Young People Act 2008,\ndivision 1.3.2.\n11 Dictionary, note 2\ninsert\n• adult\n• public employee\n• public trustee and guardian\n• registrar of firearms\n• working day\n12 Dictionary, new definition of at-risk person\ninsert\nat-risk person, for part 3 (Information sharing between certain\nentities)—see section 13.\n13 Dictionary, definition of child\nsubstitute\nchild means a person who is under 14 years old.\n\nSection 14\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Dictionary, new definitions\ninsert\nconnected person, for part 3 (Information sharing between certain\nentities)—see section 13.\ndeal, with information, for part 3 (Information sharing between\ncertain entities)—see section 13.\n15 Dictionary, definition of DFVR coordinator\nsubstitute\nDFVR coordinator—see section 16D (1).\n16 Dictionary, new definitions\ninsert\ndisclose includes—\n(a) communicate; or\n(b) publish.\ndomestic and family violence—see the Family Violence Act 2016,\nsection 8, definition of family violence.\ndomestic and family violence incident, for part 3A (Domestic and\nfamily violence incident review)—see section 16C.\n17 Dictionary, definition of domestic or family violence\nincident\nomit\n\nSection 18\npage 32 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Dictionary, new definitions\ninsert\nentity protocol, for part 3 (Information sharing between certain\nentities)—see section 16AW (1).\nfamily member—see the Family Violence Act 2016, section 9.\ninformation means information, whether true or not, in any form and\nincludes an opinion and advice.\ninformation sharing coordinator, for part 3 (Information sharing\nbetween certain entities)—see section 13.\ninformation sharing entity, for part 3 (Information sharing between\ncertain entities)—see section 14 (1).\nMinisterial protocol, for part 3 (Information sharing between certain\nentities)—see section 16AV (1).\nperson of concern, for part 3 (Information sharing between certain\nentities)—see section 13.\nprotection purpose, for part 3 (Information sharing between certain\nentities)—see section 15 (a).\nrelevant ground, for division 3.3 (Information sharing for protection\npurposes)—see section 16AA.\nrestricted entity, for part 3 (Information sharing between certain\nentities)—see section 13.\nrisk assessment and management framework, for part 3\n(Information sharing between certain entities)—see\nsection 16AU (1).\nsensitive information, for division 3.6 (Consent to dealing with\nsensitive information)—see section 16AK.\n\nSection 19\nA2024-17 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nuse, in relation to information, includes make a record of the\ninformation.\nyoung person means a person who is 14 years old or older, but not\nyet an adult.\n19 Further amendments, mentions of domestic or family\nviolence\nomit\ndomestic or family violence\nsubstitute\ndomestic and family violence\nin\n• section 16B, definition of register\n• section 16C\n• sections 16K and 16L\n• sections 16O and 16P\n• section 16R\n• section 16V\n20 Further amendments, mentions of family violence\nomit\nfamily violence\nsubstitute\ndomestic and family violence\nin\n• long title\n• section 16A (a) to (c)\n\nSection 20\npage 34 Domestic Violence Agencies (Information Sharing)\nAmendment Act 2024\nA2024-17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• section 16C (1) and (2)\n• section 16E (c) to (f)\n• section 16L\n• section 16V\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 30 November 2023.\n2 Notification\nNotified under the Legislation Act on 24 May 2024.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\nI certify that the above is a true copy of the Domestic Violence Agencies\n(Information Sharing) Amendment Bill 2024, which originated in the Legislative\nAssembly as the Domestic Violence Agencies (Information Sharing)\nAmendment Bill 2023 and was passed by the Assembly on 14 May 2024.\nClerk of the Legislative Assembly\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Sections 16AF(1) and 16AC(4)","severity":"medium","reasoning":"Section 16AF(1) says the Minister “may” declare a coordinator, so appointment is not mandatory. Section 16AC(4) nevertheless says an entity that does not disclose requested information “must tell the information sharing coordinator, in writing”. The supplied text provides no alternative recipient when no coordinator exists.","confidence":0.97,"description":"If no information sharing coordinator has been declared, an entity cannot comply with the mandatory reporting obligation in section 16AC(4).","source_quotes":["information sharing coordinator means the entity declared to be the information sharing coordinator under section 16AF (1).","The Minister may declare an entity to be the information sharing coordinator","An information sharing entity that does not disclose information under this section must tell the information sharing coordinator, in writing, the following:"]},{"type":"impossible_compliance","section":"Sections 16AF(1) and 16AI(2)","severity":"medium","reasoning":"Appointment under section 16AF(1) is discretionary. Section 16AI(2) requires an entity other than the coordinator to tell both “the information sharing coordinator” and the disclosing entity about a qualifying disclosure or use. No alternative reporting path is supplied where no coordinator has been declared.","confidence":0.97,"description":"If no information sharing coordinator has been declared, a non-coordinator entity cannot comply with section 16AI(2).","source_quotes":["information sharing coordinator means the entity declared to be the information sharing coordinator under section 16AF (1).","The Minister may declare an entity to be the information sharing coordinator","The information sharing entity (other than the information sharing coordinator) must tell the information sharing coordinator and the information sharing entity that disclosed the information, in writing, about the disclosure or use."]}],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Amendment expands the Act from regulating \"domestic violence agencies\" to creating a broad, statutory information‑sharing regime that reaches many more actors and activities than the original Act. It: (a) defines and potentially adds many classes of information sharing entities by Ministerial declaration (section 14); (b) gives a coordinator power to compel disclosure and to coordinate cross‑agency action (sections 16AF–16AD); (c) enacts consent rules, exemptions and criminal penalties specific to this scheme (divisions 3.6 and 3.8, section 16AX); and (d) excludes scheme information from FOI (section 16AZ). Together these changes significantly broaden the Act’s operational footprint — from agency functions to a territory‑wide statutory architecture for proactive information exchange, centralised coordination and privacy carve‑outs — which materially extends the legal scope compared with the earlier, narrower statutory role of Domestic Violence Agencies."},"complexity_factors":["New Part 3 inserts approximately 30 new sections (11–16AZC) covering purpose, definitions, consent rules, coordinator powers, protocols, offences, immunities and review.","Wide set of defined terms added to the Dictionary (over 20 new or changed definitions: at‑risk person, connected person, person of concern, information sharing entity/coordinator, entity protocol, Ministerial protocol, risk framework, sensitive information, shared information, etc.).","Multiple cross‑references to other Acts and external instruments (e.g. Family Violence Act 2016, Children and Young People Act 2008, Education and Care Services National Law (ACT)), increasing interpretive complexity.","Layered consent regime with different tests for adults, young people and children and separate rules for connected persons and persons of concern (sections 16AL–16AP).","Competing rules and exceptions: protection purposes vs. relevant grounds for non‑disclosure (sections 15, 16AA) with safety exceptions that permit dealing without consent (multiple clauses).","New administrative architecture: Ministerial protocols, entity protocols and a mandatory risk assessment and management framework (sections 16AU–16AW, 16AV) that create additional delegated rule‑making and procedural detail outside the Act itself.","Central power for an information sharing coordinator to require disclosure (section 16AD) and broad coordinating functions (sections 16AG–16AH), increasing single‑point discretionary decision making.","Criminal offences and immunities with evidential burdens and exceptions (sections 16AX, 16AY, 16AZA–16AZB), creating mixed liability rules to be applied by courts and agencies.","An FOI exclusion for information held only because of this Part (section 16AZ), which alters normal transparency channels and adds legal complexity for information‑access questions.","Mandatory independent review after 2 years (section 16AZC) and temporary expiry of the review requirement generate further administrative timing and reporting obligations."],"plain_english_summary":"**What this Act does (mechanically)\n\n- Inserts a new, standalone information‑sharing scheme into the Domestic Violence Agencies Act by adding a new Part 3 (sections 11–16AZC). The scheme:  \n  - defines which organisations are \"information sharing entities\" (for example: education providers, police, certain agency directors‑general, the DFVR coordinator, licensed childcare providers, registrar of firearms, public trustee and guardian, and any other entity the Minister declares) (section 14);  \n  - defines key categories of people used for decision making — an \"at‑risk person\", a \"person of concern\" and a \"connected person\" (section 13);  \n  - limits information sharing to specified \"protection purposes\" such as establishing or assessing whether someone is experiencing or likely to experience domestic and family violence, preventing or reducing risk, or managing suspected or actual violence (section 15);  \n  - sets the test and the exceptions for when entities may or must disclose information to each other (entities may disclose if the disclosure is relevant and necessary for a protection purpose (section 16AB); entities must disclose when asked and the conditions are met (section 16AC); and an information sharing coordinator may compel disclosure if an entity refuses (section 16AD));  \n  - creates an information sharing coordinator role the Minister may appoint to facilitate and coordinate sharing and to take action for protection purposes (sections 16AF–16AH);  \n  - requires consent rules and special handling for \"sensitive information\" and distinguishes adults, young people and children in consent rules, with tightly‑worded exceptions when consent can be bypassed for safety (sections 16AJ–16AP);  \n  - requires Ministerial and entity protocols and a risk assessment and management framework to govern how sharing operates in practice (sections 16AU–16AW, 16AV);  \n  - creates criminal offences for reckless unauthorised disclosure or use of shared information, with specified defences and exceptions (section 16AX);  \n  - exempts information held only because of this scheme from the Freedom of Information Act (section 16AZ);  \n  - provides civil‑liability protection for public employees who act honestly and without recklessness under the part, and places any residual civil liability on the Territory (section 16AZA); and  \n  - requires an independent review of the new Part after 2 years of operation (section 16AZC).\n\n- Amends other parts of the Act to update definitions (for example, definition of \"child\" is now under 14 years) and to allow police to disclose information to approved crisis support organisations in family violence situations (section 18).\n\n\nWho is affected\n\n- At‑risk people and people of concern: the scheme controls whether and how personal information about them can be collected, used and shared (sections 13, 15, 16AJ–16AP).  \n- Information sharing entities: public bodies (multiple director‑generals, police, education providers, health and housing services, registrar of firearms, public trustee and others) and any entity the Minister declares (section 14). These entities must create protocols, apply consent rules, respond to requests for information, and sometimes comply with directions from the information sharing coordinator (sections 16, 16AC, 16AD, 16AW).  \n- Public employees: gain statutory protection from civil liability for honest, non‑reckless conduct under the part; the Territory picks up civil liability instead (section 16AZA).  \n- The Territory: bears some financial/legal consequences (administration, compliance, and shifted civil liability) and is responsible for making the framework and Ministerial protocols (sections 16AU, 16AV, 16AZA).\n\n\nWhy it matters (official purpose and practical mechanics)\n\n- The Act expresses its objects in section 3B: to prevent and reduce domestic and family violence; promote safety and wellbeing (including of children and young people); promote perpetrator accountability; and build government and community capability to respond and prevent domestic and family violence. Mechanically, it tries to achieve those objects by creating a statutory pathway for relevant organisations to share information and coordinate responses (Part 3, esp. sections 11, 14, 15, 16AF–16AH).\n\n\nCosts, incentives, trade‑offs and implementation risks (practical testing of the stated purpose)\n\n- Administrative and training costs: the scheme requires numerous entities to make and publish protocols, adopt a risk framework and train staff on consent rules and the new statutory tests (see sections 16AU–16AW and 16 (1)(b)). Those are direct operational costs for agencies and service providers.  \n\n- Centralisation of decision‑making and discretion: the information sharing coordinator can compel disclosure (section 16AD) and coordinate actions (sections 16AG–16AH). The scheme uses standards like \"reasonably believes\" and \"necessary for a protection purpose\" (sections 13, 15, 16AB) that give agencies and the coordinator broad judgement. That creates implementation risk (inconsistent practice, variable thresholds across entities) and requires clear protocols to limit variance (sections 16AV–16AW).  \n\n- Privacy and stigma risk vs. safety gains: the law lowers legal barriers to sharing personal information for safety‑oriented purposes (section 16AB, 16AC) while including some safeguards (relevant grounds for withholding, consent rules in divisions 3.6). This creates a trade‑off: faster information flows intended to protect people can also increase the risk of inappropriate disclosure, errors, or information reaching parties (for example, a person of concern) if controls fail. The Act creates offences to deter reckless disclosure (section 16AX) and immunity for honest, reasonable exercise (sections 16AZA–16AZB).  \n\n- Shifting of liability and cost of error: civil liability for public employees acting honestly and without recklessness is shifted to the Territory (section 16AZA (2)). That reduces legal risk for individual employees but places the financial and reputational risk on the Territory.  \n\n- Reduced transparency: information held only because it was disclosed under this Part is excluded from FOI (section 16AZ). That limits public visibility into what is being shared and why, which affects external oversight and may reduce public scrutiny.  \n\n- Burden on non‑government service providers and small entities: schools, childcare services and approved care providers are named as information sharing entities (section 14). They will need systems and policies to respond to requests, which can be a material compliance burden for smaller providers.  \n\n- Potential interaction with other legal duties: the Act acknowledges other laws and existing immunities (for example, children’s mandatory reporting—section 16AI(1)(c), and continuance of specified immunities—section 16AY). Entities will have to reconcile this new framework with existing legislation (examples and cross‑references throughout Part 3).  \n\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: government agencies and entity operators pay implementation and compliance costs (protocols, training, record‑keeping). The Territory may bear civil liability costs if actions are challenged (section 16AZA).  \n- Who decides: operational decisions about whether to share rest with the authorised entities and the information sharing coordinator (sections 14, 16AC, 16AD, 16AF–16AH). The Minister sets the risk framework and may declare additional entities (sections 16AU, 14(2)).  \n- Behaviour changes: agencies will be more likely to share and coordinate information about people who may be at risk; entities will have to put in place consent processes and follow the Ministerial and entity protocols; staff will need to balance safety exceptions against consent obligations and relevant grounds for non‑disclosure (sections 16AJ–16AP, 16AA).\n\n\nConcentrated benefits and diffuse costs\n\n- Benefits appear concentrated to: (a) people at risk of domestic and family violence (through potentially faster coordinated responses); and (b) agencies seeking to act more proactively, by lawfully exchanging information.  \n- Costs are more diffuse: administrative burdens on many public and community entities, privacy and transparency costs to individuals and the public generally, and potential adverse incidents that impose liability and reputational costs on the Territory.\n\n\nSummary statement\n\nMechanically, this Amendment creates a statutory, cross‑agency information‑sharing framework focused on preventing, assessing and managing domestic and family violence (new Part 3). It sets who can share, what counts as a lawful protection purpose, how consent and sensitive information are handled, the coordinator’s powers to require disclosure, penalties for reckless misuse, and protections for honest activity. The Act centralises coordination while also placing operational responsibilities on a wide range of service providers and agencies (see sections 11–16AZC, and related Dictionary changes). The stated purpose is to improve safety and coordination (section 3B); implementing that purpose trades increased information flow and centralised decision‑making against administrative cost, discretion risk, reduced FOI transparency, and privacy exposure — outcomes that depend heavily on how Ministerial and entity protocols and the risk framework are drafted and enforced (sections 16AU–16AW, 16AV)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Domestic Violence Agencies Act 1986 appears to have been primarily focused on establishing domestic violence crisis services and registers. This amendment significantly expands the scope to create a comprehensive information sharing scheme involving potentially dozens of government agencies and service providers. The new Part 3 introduces a complex regulatory framework for inter-agency data sharing that goes far beyond the original Act's apparent purpose of service provision, adding coordinator roles, consent frameworks, offence provisions, and detailed procedural requirements."},"complexity_factors":["Extensive defined terms (approximately 20 new definitions in Part 3 alone, plus dictionary amendments)","Nested conditional logic for consent requirements (different rules for adults, young people, children, and connected persons, each with multiple exceptions)","Multiple layers of protocols and frameworks (Ministerial protocols, entity protocols, risk assessment and management frameworks) that must be complied with","Cross-references to external legislation including the Family Violence Act 2016, Children and Young People Act 2008, Criminal Code, and Legislation Act","Complex information sharing permissions with both discretionary ('may') and mandatory ('must') sharing provisions, subject to 'relevant grounds' for refusal","Detailed notification requirements with multiple exceptions (sections 16AQ-16AS)","Interaction with existing legal privileges and immunities (section 16AY) and Freedom of Information Act exclusions (section 16AZ)","Offence provisions with mental state requirements ('recklessness') and evidential burdens","Sunset clause for review provision (section 16AZC expires after 4 years)"],"plain_english_summary":"This bill creates a new ACT scheme allowing specified government and community agencies to share personal information about people experiencing or at risk of domestic and family violence and those of concern, with safety of victims prioritised. It sets consent rules, introduces an Information Sharing Coordinator, and provides legal protections for good‑faith sharing while criminalising reckless misuse.\n\nIt affects victims (including children), alleged perpetrators, and a wide range of service providers — aiming to improve risk identification and coordinated responses but raising important privacy trade‑offs."}},"importantCases":[],"_links":{"self":"/api/acts/domestic-violence-agencies-information-sharing-amendment-act-2024","history":"/api/acts/domestic-violence-agencies-information-sharing-amendment-act-2024/history","analysis":"/api/acts/domestic-violence-agencies-information-sharing-amendment-act-2024/analysis","conflicts":"/api/acts/domestic-violence-agencies-information-sharing-amendment-act-2024/conflicts","importantCases":"/api/acts/domestic-violence-agencies-information-sharing-amendment-act-2024/important-cases","documents":"/api/acts/domestic-violence-agencies-information-sharing-amendment-act-2024/documents"}}