59Restriction of access to personal information

59 Restriction of access to personal information (1) A request may be made to the secretary of an incorporated association to restrict access to the personal information of a person recorded in the register of members of the association. (2) A request under subsection (1) may seek to restrict access so that the personal information is available only to— (a) the secretary and members of the committee; or (b) the secretary and members of the committee other than a specified member or specified members of the committee. (3) The request may be made by— (a) the person; or (b) if the person is a child—by a parent or guardian of the person. (4) If the secretary is satisfied that there are special circumstances which justify doing so, the secretary must agree to the request. (5) If the secretary refuses the request, the secretary must notify the person who made the request of the decision. (6) The notice must— (b) include the reasons for the decision. (7) If the secretary refuses the request, the secretary must not release the personal information without the consent of the person unless— (a) at least 28 days have elapsed since the secretary gave notice to the person under subsection (5); and (i) the person has not sought a review of the decision; or (ii) VCAT has upheld the secretary's decision to release the information. (8) If a person is notified by the secretary that his or her request to restrict access to personal information has been refused, the person may, within 28 days after the notification, apply to VCAT for a review of the decision. (9) If— (a) a member of an incorporated association informs the secretary of the association that he or she wishes to circulate material to all members of the association relating to its management, activities or purposes; and (b) access to the personal information of another member recorded on the register of members of the association is restricted under this section— the secretary must forward that material to that other member. S. 59A inserted by No. 12/2015 s. 20.