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Disability Inclusion Act 2018
Part 9Information gathering and sharing
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Part 9—Information gathering and sharing
26—Chief Executive may require State authority to provide report
(1) The Chief Executive may, if the Chief Executive is of the opinion that it is necessary or would otherwise assist in the performance of functions under this Act, require a State authority to prepare and provide a report to the Chief Executive in relation to the matters, and in accordance with any requirements, specified in the notice.
(2) If a State authority refuses or fails to comply with a requirement under subsection (1), the Chief Executive may require the State authority to provide to the Chief Executive within a specified period a report setting out the reasons for non‑compliance.
(3) The Chief Executive may, on receiving a report under subsection (2), submit a copy of the report to the Minister setting out the views of the Chief Executive in respect of the State authority's non‑compliance.
(4) The Minister must, on receiving a report under subsection (3), prepare a report to Parliament setting out—
(a) the Minister's response to the Chief Executive's report; and
(b) any other information required by the regulations.
(5) The Minister must, within 6 sitting days after completing a report under subsection (4), cause a copy of both the report and the Chief Executive's report under subsection (3) to be laid before both Houses of Parliament.
27—Sharing of information between certain persons and bodies
(1) This section applies to the following persons and bodies:
(a) a State authority;
(b) a community visitor;
(c) any other person or body prescribed by the regulations.
(2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient—
(a) to perform functions relating to people with disability; or
(b) to manage any risk to a person with disability, or class of people with disability, that might arise in the recipient’s capacity as an employer or provider of services.
(3) Subject to this section, but despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction.
(4) Subsection (3) applies—
(a) whether or not the information or documents consist of or include prescribed information and documents; and
(b) whether or not the information or document ever disclosed the identity of a person, or has been redacted so as to de-identify it.
(5) Information may be provided under this section whether or not the provider has been requested to provide the information.
(6) Despite section 29, the recipient of information or documents under this section must not disclose information or documents received under this section except—
(a) to another person or body to whom this section applies; or
(b) as may be authorised by the regulations.
(7) In this section—
prescribed information and documents means—
(a) information or documents relating to the health, safety, welfare or wellbeing of a particular person with disability, or class of people with disability; or
(b) any other information or document of a kind prescribed by the regulations for the purposes of this definition.
28—Interaction with Public Sector (Data Sharing) Act 2016
Nothing in this Part affects the operation of the Public Sector (Data Sharing) Act 2016.