Part 8AUse and disclosure of information

Part 8A—Use and disclosure of information S. 202AA inserted by No. 9/2023 s. 105. 202AA Definitions In this Part— ***protected information*** means information that is gained by or given to a relevant person in their official capacity and identifies, or is likely to lead to the identification of, a person to whom the information relates and is either obtained— (a) during the course of providing disability services to the person; or (b) by a relevant person using restrictive practices or implementing supervised treatment on the person; ***relevant person*** means any of the following— (a) a person who is or has been appointed to any office under this Act or employed or engaged under this Act; (b) a disability service provider; (c) a former disability service provider; (d) a person who is, or has been, employed or engaged by a disability service provider or former disability service provider; (e) a person who otherwise provides, or has provided, services under this Act; (f) a person who is or has been a member of staff of the public service for the purposes of this Act; (g) the Senior Practitioner; (h) a registered NDIS provider that uses restrictive practices or implements supervised treatment orders; (i) a former NDIS provider that used restrictive practices or implemented supervised treatment orders; (j) a person who is, or has been, employed or engaged by a registered NDIS provider specified in paragraph (h); (k) a person who is, or has been, employed or engaged by a former NDIS provider specified in paragraph (i). S. 202AB inserted by No. 9/2023 s. 105. 202AB Disclosure, use or transfer of protected information (1) A relevant person must not disclose, use or transfer protected information disclosed to the relevant person unless the disclosure, use or transfer is— (a) made in the performance of a function or exercise of a power under this Act or any other Act including any Commonwealth Act; or (b) required or permitted by or under this Act or any other Act including any Commonwealth Act. Penalty: 20 penalty units. (2) A relevant person may disclose protected information to the following— (a) the Secretary to the department for which the Minister administering the Financial Framework (Supplementary Powers) Act 1997 of the Commonwealth is responsible; (b) the Secretary to the department for which the Minister administering the Commonwealth Disability Support for Older Australians program or a prescribed program is responsible; (c) the Secretary for the purposes of enabling the Secretary to perform the functions conferred, and meet the obligations imposed, on the Secretary under this Act or any other Act including any Commonwealth Act; (d) a supportive attorney under a supportive attorney appointment, within the meaning of the **Powers of Attorney Act 2014**, to the extent that is necessary to enable the supportive attorney to carry out the role of supportive attorney; (e) a medical treatment decision maker within the meaning of the **Medical Treatment Planning and Decisions Act 2016**, to the extent that is necessary to enable the medical treatment decision maker to make medical treatment decisions on behalf of the person to whom the information relates; (f) a support person within the meaning of the **Medical Treatment Planning and Decisions Act 2016**, to the extent that is necessary to enable the support person to carry out the functions of a support person under that Act; (g) a supportive administrator acting under a supportive administration order within the meaning of the **Guardianship and Administration Act 2019**; (h) a supportive guardian acting under a supportive guardianship order within the meaning of the **Guardianship and Administration Act 2019**; (i) an emergency service provider if the disclosure is reasonably required for the emergency service provider to carry out a function under any Act in relation to the person to whom the information relates; (j) another relevant person, if the disclosure is reasonably required in connection with the provision by that person or body of services under this Act or the NDIS Act to the person to whom the information relates including for the purposes of— (i) assessing, developing or implementing a treatment plan, behaviour support plan or NDIS behaviour support plan; or (ii) implementing, monitoring and supervising a supervised treatment order; (k) any person or body (including a family member or carer of the person to whom the information relates), to the extent that is necessary in connection with the provision of care, treatment or support to the person to whom the information relates if the person is unable to consent to the disclosure and without the disclosure the person may, in the opinion of the discloser, suffer detriment. (3) A relevant person may disclose protected information— (a) to the extent that is reasonably required in connection with the performance of a duty or the exercise of a power or function under this Act or any other Act including— (i) for the purposes of developing or maintaining and improving the information systems required to be maintained under section 39; or (ii) for the purposes of planning, managing, monitoring, evaluating and improving the provision of disability services, the use of restrictive practices and implementing, monitoring and supervising supervised treatment orders and which is of a statistical nature; or (b) with the consent of the person to whom the information relates or of that person's guardian or of that person's next-of-kin if that person is dead; or (c) for the purposes of obtaining or seeking legal advice; or (d) if the disclosure is authorised or required by any other Act or law; or (e) if the disclosure is reasonably necessary to lessen or prevent— (i) a serious threat to a person's life, health, safety or wellbeing; or (ii) a serious threat to public health, public safety or public wellbeing. (4) If it is reasonably necessary for a purpose specified in subsection (5), a relevant person may disclose protected information to the following persons or bodies— (b) the Commission for Children and Young People; (c) the Public Advocate; (d) the Transport Accident Commission within the meaning of the **Transport Accident Act 1986**; (e) the Victorian WorkCover Authority; (f) the Disability Worker Registration Board; (g) the Victorian Disability Worker Commission; (h) the Victorian Disability Worker Commissioner; (i) an NDIS worker screening unit within the meaning of the **Worker Screening Act 2020**; (j) the NDIA; (k) the NDIS Quality and Safeguards Commission; (l) the Secretary within the meaning of the **Worker Screening Act 2020**, for the purposes of performing functions in relation to screening checks under that Act; (m) the Disability Services Commissioner; S. 202AB (4)(ma) inserted by No. 37/2021 s. 355 (as amended by No. 9/2023 s. 266(2)). (ma) the Social Services Regulator; (n) Victoria Police; (o) the Chief Commissioner of Police within the meaning of the **Victoria Police Act 2013**; (p) a coroner within the meaning of the **Coroners Act 2008**; (q) the Ombudsman; (r) the IBAC; (s) a prescribed person or body. (5) For the purposes of subsection (4), the following purposes are specified— (a) the performance of a function or the exercise of a power under this Act, the **Social Services Regulation Act 2021** or the NDIS Act by a relevant person; (b) the performance of a function or the exercise of a power under this or any other Act by a person or body set out in subsection (4). (6) In this section— ***emergency service provider*** means— (a) Ambulance Service—Victoria within the meaning of the **Ambulance Services Act 1986**; and (b) a prescribed entity or prescribed class of entity. S. 202AC inserted by No. 9/2023 s. 105. 202AC Use, transfer or disclosure of information relating to disability services or disability service providers (1) Despite anything to the contrary in section 202AB(1), any person or body is authorised, for any purpose for or with respect to the NDIS or its implementation, to use the following information or to transfer or disclose that information to the NDIA, the NDIS Quality and Safeguards Commission, an NDIS provider or any prescribed person or body or any person or body of a prescribed class of person or body— (a) information about— (i) disability services, regulated disability services or any prescribed services; (ii) services provided by persons or bodies that are former disability service providers, former regulated service providers or providers that have ceased providing prescribed services; (b) information about the provision of disability services or regulated disability services, including information about the services any person requires, the carer of a person or any support structure of a person; (c) information about any persons who are or were employed or engaged for the purpose of providing disability services or regulated disability services or services under the NDIS; (d) information about persons who received or are receiving disability services, regulated disability services or services under an NDIS plan; (e) information about current and former disability service providers, regulated service providers or NDIS providers; S. 202AC(1)(f) amended by No. 37/2021 s. 355A (as amended by No. 9/2023 s. 266(2)). (f) information about compliance by current and former disability service providers with the relevant standards determined by the Minister under section 97 as in force immediately before the commencement of Part 4 of the **Social Services Regulation Act 2021**; (g) information about incidents reported to the Secretary arising from the provision of disability services or regulated disability services; (h) information about complaints relating to disability services or regulated disability services; (i) information about the use of restrictive practices or compulsory treatment. (2) A person or body to whom information is disclosed under subsection (1) is authorised to use or transfer that information for any purpose for or with respect to the NDIS or the implementation of the NDIS. (3) A person or body to whom information is disclosed under subsection (1) must not use, disclose or transfer that information unless— (a) the person or body does so for the purpose for which the information has been disclosed to the person or body; or (b) the person or body is authorised by or under an Act or other law to do so. Penalty: 20 penalty units. S. 202AD inserted by No. 9/2023 s. 105. 202AD Disclosure of information about worker screening (1) The Secretary is authorised to transfer or disclose any information about worker screening to the following in relation to a person who provided, provides, or seeks to provide, disability services or services in accordance with an NDIS plan— (a) the NDIS Quality and Safeguards Commission; (b) the Disability Worker Registration Board; S. 202AD (1)(ba) inserted by No. 37/2021 s. 356 (as amended by No. 9/2023 s. 266(3)). (ba) the Social Services Regulator; (c) the Victorian Disability Worker Commission; (d) the Victorian Disability Worker Commissioner; (e) the Secretary within the meaning of the **Worker Screening Act 2020**, for the purposes of performing functions in relation to screening checks under that Act; (f) an NDIS worker screening unit within the meaning of the **Worker Screening Act 2020**; (g) the relevant disability service provider; (h) the relevant registered NDIS provider. (2) The Secretary may transfer or disclose information about worker screening to an entity referred to in subsection (1) at the Secretary's own initiative or on request of the entity. (3) For the purposes of this section— ***information about worker screening*** means one or more of the following— (a) whether or not the person is the subject of a prohibition order in relation to health services or disability services or other services involving the care of children that is made under another Act; (b) whether or not the Secretary has information relating to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants or DSOA clients and, if so, that information which includes but is not limited to the following— (i) whether or not a person has been assessed as posing an unacceptable risk to persons with a disability, NDIS participants or DSOA clients; (ii) whether or not a notification or complaint has been made about the person that is relevant to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants or DSOA clients; (iii) details of any notification or complaint or investigation made into a notification or complaint referred to in subparagraph (ii); (iv) whether or not the person has been screened in relation to the person's suitability to provide disability services to persons with a disability or services under the NDIS to NDIS participants or DSOA clients. S. 202AE inserted by No. 9/2023 s. 105. 202AE Application of Part (1) Sections 202AB, 202AC and 202AD have effect despite any other Act or law, other than the **Charter of Human Rights and Responsibilities Act 2006**. (2) To avoid doubt, this Part does not affect a relevant person's obligations in relation to the disclosure, use and transfer of information under the NDIS Act.