(1) Subject to subsection (2), a relevant person may disclose protected information to the following—
(a) the Chief Commissioner of Police appointed under the Victoria Police Act 2013;
S. 41H(1)(ab) inserted by No. 23/2021 s. 47(2).
(ab) a member of Victoria Police personnel within the meaning of the Victoria Police Act 2013;
S. 41H(1)(ac) inserted by No. 23/2021 s. 47(2).
(ac) the Australian Federal Police;
S. 41H(1)(ad) inserted by No. 23/2021 s. 47(2).
(ad) the police force of another State or a Territory;
S. 41H(1)(b) substituted by No. 23/2021 s. 47(3).
(b) the Information Commissioner appointed under section 6C of the Freedom of Information Act 1982;
S. 41H(1)(ba) inserted by No. 58/2025 s. 45(1).
(ba) the Commission;
(c) a coroner;
(d) the Disability Services Commissioner within the meaning of the Disability Act 2006;
S. 41H(1)(da) inserted by No. 19/2019 s. 252.
(da) the Commissioner of the NDIS Quality and Safeguards Commission within the meaning of Chapter 6A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;
(e) the Health Services Commissioner within the meaning of the Health Services (Conciliation and Review) Act 1987;
(f) the Commissioner of the IBAC appointed under the Independent Broad-based Anti‑corruption Commission Act 2011;
S. 41H(1)(g) amended by No. 39/2022 s. 786 (as amended by No. 20/2023 s. 49(1)).
(g) the Mental Health and Wellbeing Commission within the meaning of the Mental Health and Wellbeing Act 2022;
(h) the Minister;
(i) the Ombudsman within the meaning of the Ombudsman Act 1973;
S. 41H(1)(j) amended by No. 13/2019 s. 221(Sch. 1 item 7).
(j) the Public Advocate within the meaning of the Guardianship and Administration Act 2019;
S. 41H(1)(k) substituted by No. 23/2021 s. 47(4).
(k) a Department or Department Head within the meaning of the Public Administration Act 2004;
S. 41H(1)(l) inserted by No. 23/2021 s. 47(4).
(l) an Administrative Office or Administrative Office Head within the meaning of the ;
Public Administration Act 2004
S. 41H(1)(m) inserted by No. 23/2021 s. 47(4).
(m) the Victorian Disability Worker Commission established under the Disability Service Safeguards Act 2018;
S. 41H(1)(n) inserted by No. 23/2021 s. 47(4).
(n) the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018;
S. 41H(1)(o) inserted by No. 23/2021 s. 47(4).
(o) the Disability Worker Registration Board of Victoria established under the Disability Service Safeguards Act 2018;
S. 41H(1)(p) inserted by No. 23/2021 s. 47(4).
(p) the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;
S. 41H(1)(q) inserted by No. 23/2021 s. 47(4).
(q) a National Health Practitioner Board established by section 31 of the Health Practitioner Regulation National Law;
S. 41H(1)(r) inserted by No. 23/2021 s. 47(4).
(r) the Victorian Institute of Teaching continued in operation by section 2.6.2 of the Education and Training Reform Act 2006;
S. 41H(1)(s) inserted by No. 23/2021 s. 47(4).
(s) subject to subsection (3), a person or body that, for the purposes of a law of the Commonwealth, another State or a Territory, may require any person or body to comply with standards (however described) of the Commonwealth or that State or Territory that correspond to the Child Safe Standards;
S. 41H(1)(t) inserted by No. 23/2021 s. 47(4).
(t) an exempt integrated sector regulator;
S. 41H(1)(u) inserted by No. 23/2021 s. 47(4).
(u) the National VET Regulator known as the Australian Skills Quality Authority established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;
S. 41H(1)(v) inserted by No. 23/2021 s. 47(4).
(v) the Tertiary Education Quality and Standards Agency established under the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth;
S. 41H(1)(w) inserted by No. 23/2021 s. 47(4).
(w) the Australian Charities and Not-for-profits Commission established by the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth;
S. 41H(1)(x) inserted by No. 23/2021 s. 47(4).
(x) a person or body that conducts, or is approved to conduct, a review and evaluation of a school or group of schools under section 4.3.2 of the Education and Training Reform Act 2006;
S. 41H(1)(y) inserted by No. 23/2021 s. 47(4).
(y) a person or body that is preparing a report for the VRQA under section 4.3.8F of the Education and Training Reform Act 2006;
S. 41H(1)(z) inserted by No. 23/2021 s. 47(4).
(z) a prescribed person or body.
(2) A relevant person must not disclose protected information to a person under subsection (1) unless the information is relevant to—
S. 41H(2)(a) substituted by No. 23/2021 s. 47(5), amended by No. 58/2025 s. 45(2).
(a) the performance of functions by the Social Services Regulator, a sector regulator or an integrated sector regulator under this Act; or
S. 41H(2)(ab) inserted by No. 23/2021 s. 47(5).
(ab) the performance of functions by an integrated sector regulator under an authorising Act that relate to the Child Safe Standards; or
S. 41H(2)(ac) inserted by No. 23/2021 s. 47(5).
(ac) the performance of functions by the Commission under the Commission for Children and Young People Act 2012; or
S. 41H(2)(b) amended by No. 23/2021 s. 47(6).
(b) the performance of a function conferred on the person or body by or under an Act.
S. 41H(3) inserted by No. 23/2021 s. 47(7).
(3) A relevant person must not disclose protected information under subsection (1) to a person or body described in subsection (1)(s) unless the relevant person is satisfied that the person or body has in place sufficient arrangements to protect the privacy and confidentiality of the protected information.
S. 41HA inserted by No. 23/2021 s. 48.
41HA Disclosure of protected information by relevant persons prohibited
A relevant person, or a person who has been a relevant person, must not disclose to any other person, whether directly or indirectly, any protected information except to the extent that the person is authorised, permitted or required to do so under this Act or another Act.
Penalty: 60 penalty units.
Pt 6 Div. 5 (Heading and ss 41I, 41J) inserted by No. 63/2016 s. 8.
Division 5—Review
S. 41I inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 36.
Section 41H - Child Wellbeing and Safety Act 2005 - Disclosing information to other authorities | Zoe