J2021-745
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Domestic Violence Agencies
(Information Sharing)
Amendment Act 2024
A2024-17
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Dictionary
Section 2, note 1 2
5 New sections 3A and 3B 3
6 Sections 5 to 7 4
7 New part 3 4
Contents
Page
contents 2 Domestic Violence Agencies (Information Sharing)
Amendment Act 2024
A2024-17
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
8 Meaning of domestic or family violence incident—pt 3A
Section 16C (3), definition of family member 29
9 Use and disclosure of protected information
Section 16U (5), definitions of disclose, information and use 29
10 Section 18 29
11 Dictionary, note 2 30
12 Dictionary, new definition of at-risk person 30
13 Dictionary, definition of child 30
14 Dictionary, new definitions 31
15 Dictionary, definition of DFVR coordinator 31
16 Dictionary, new definitions 31
17 Dictionary, definition of domestic or family violence incident 31
18 Dictionary, new definitions 32
19 Further amendments, mentions of domestic or family violence 33
20 Further amendments, mentions of family violence 33
J2021-745
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Domestic Violence Agencies
(Information Sharing)
Amendment Act 2024
A2024-17
An Act to amend the Domestic Violence Agencies Act 1986
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Section 1
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Amendment Act 2024
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1 Name of Act
This Act is the Domestic Violence Agencies (Information Sharing)
Amendment Act 2024.
2 Commencement
(1) This Act commences on a day fixed by the Minister by written notice.
Note 1 The naming and commencement provisions automatically commence on
the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times may be
fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
(2) If this Act has not commenced within 12 months beginning on its
notification day, it automatically commences on the first day after that
period.
(3) The Legislation Act, section 79 (Automatic commencement of
postponed law) does not apply to this Act.
3 Legislation amended
This Act amends the Domestic Violence Agencies Act 1986.
4 Dictionary
Section 2, note 1
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example the signpost definition ‘family member—see the Family
Violence Act 2016, section 9.’ means that the term ‘family member’ is
defined in that section of that Act and the definition applies to this Act.
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5 New sections 3A and 3B
in part 1, insert
3A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
3B Objects of Act
The objects of this Act include—
(a) to prevent and reduce domestic and family violence; and
(b) to promote the safety, protection and wellbeing of people,
including children or young people, who are, or are at risk of
being, subjected to domestic and family violence; and
(c) to promote the accountability of perpetrators of domestic and
family violence for their actions; and
(d) to promote the development of skills and expertise of
government and community-based organisations to understand,
respond to and prevent domestic and family violence.
Section 6
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6 Sections 5 to 7
omit
domestic violence and family violence
substitute
domestic and family violence
7 New part 3
insert
Part 3 Information sharing between
certain entities
Division 3.1 Purpose and important concepts
11 Purpose—pt 3
The purposes of this part are to—
(a) facilitate the sharing of information among information sharing
entities to establish, assess, manage, prevent and reduce risks of
domestic and family violence; and
(b) promote and support coordination and collaboration between
information sharing entities to establish, assess, manage, prevent
and reduce risks of domestic and family violence.
12 Safety principle—pt 3
A person exercising a function under this part must prioritise the
safety and protection of people experiencing, or at risk of, domestic
and family violence as far as possible.
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13 Definitions—pt 3
In this part:
at-risk person means—
(a) a person who an information sharing entity reasonably believes
has been, is being, or is at risk of being, subjected to domestic
and family violence; and
(b) includes a child or young person.
connected person means a person who has information, or about
whom information is, relevant to a protection purpose, other than—
(a) an at-risk person; or
(b) a person of concern.
Example
Anna is an at-risk person, David is a person of concern for Anna, they have children
at a school. An information sharing entity has concerns about Anna because she has
not been seen recently. The entity asks the school if there has been any change to
Anna’s routine in picking up the children from school. The children are picked up
some days by Anna and some days by Aunty Jo. Aunty Jo is a connected person in
this situation.
deal, with information, means collect, use or disclose the information.
entity protocol—see section 16AW (1).
information sharing coordinator means the entity declared to be the
information sharing coordinator under section 16AF (1).
information sharing entity—see section 14 (1).
Ministerial protocol—see section 16AV (1).
person of concern means a person who an information sharing entity
reasonably believes has engaged in, is engaging in, or is at risk of
engaging in, domestic and family violence.
protection purpose—see section 15 (a).
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restricted entity means an information sharing entity declared under
section 14 (2) if protection purposes are stated in the declaration
under section 14 (3).
risk assessment and management framework—see
section 16AU (1).
14 Meaning of information sharing entity—pt 3
(1) In this part:
information sharing entity means the following:
(a) the information sharing coordinator;
(b) an ACT education provider within the meaning of the Children
and Young People Act 2008, section 25 (3);
(c) the approved provider of an approved education and care service
under the Education and Care Services National Law (ACT);
Note The Education and Care Services National Law (ACT) Act 2011,
s 6 applies the Education and Care Services National Law set out
in the Education and Care Services National Law Act 2010 (Vic),
schedule as if it were an ACT law called the Education and Care
Services National Law (ACT).
(d) the chief police officer;
(e) the commissioner appointed under the Aboriginal and Torres
Strait Islander Children and Young People Commissioner
Act 2022, section 10 (1);
(f) a commissioner under the Human Rights Commission Act 2005;
(g) the DFVR coordinator;
(h) the director-general;
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(i) any other director-general of an administrative unit responsible
for 1 or more of the following matters:
(i) children and young people;
(ii) community services;
(iii) corrective services;
(iv) disability services;
(v) education, including early childhood development;
(vi) emergency services;
(vii) family safety and support services;
(viii) health regulatory and public health intervention programs;
(ix) health services and facilities, including mental health;
(x) housing services, including homelessness services;
(xi) restorative justice;
(xii) youth justice;
(xiii) other services or facilities in relation to at-risk people or
people of concern;
(j) the licensed proprietor of a childcare service licensed under the
Children and Young People Act 2008, section 747;
(k) the public trustee and guardian;
(l) the registrar of firearms;
(m) any other entity declared to be an information sharing entity
under subsection (2).
(2) The Minister may declare an entity to be an information sharing
entity.
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(3) A declaration may state the protection purposes for which the
information sharing entity may have information disclosed to it or use
information under this part.
(4) A declaration is a disallowable instrument.
Division 3.2 Information sharing requirements
15 Information sharing for protection purpose
An information sharing entity must not deal with information under
this part other than to the extent necessary for—
(a) any of the following purposes (a protection purpose):
(i) establishing or assessing whether an at-risk person is being
subjected to, or is likely to be subjected to, domestic and
family violence;
(ii) establishing or assessing whether a person of concern is
engaging in, or is likely to engage in, domestic and family
violence;
(iii) taking action to prevent or reduce the risk of domestic and
family violence occurring;
(iv) managing domestic and family violence or suspected
domestic and family violence; or
(b) a purpose provided for under division 3.5.
16 Requirements for information sharing
(1) In dealing with information under this part, an information sharing
entity must—
(a) comply with any requirement for consent under division 3.6 in
relation to the information; and
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(b) comply with any requirements for dealing with the information
under each of the following:
(i) a risk assessment and management framework;
(ii) a Ministerial protocol;
(iii) an entity protocol; and
(c) disclose information to a restricted entity only for a protection
purpose stated in the restricted entity’s declaration; and
(d) if the entity is a restricted entity—use information only for a
protection purpose stated in the restricted entity’s declaration.
(2) In exercising a function under this part in relation to an at-risk person,
an information sharing entity must—
(a) take into account the person’s—
(i) cultural, sexual and gender identity; and
(ii) religious or spiritual beliefs (if known); and
(b) if the person identifies as Aboriginal or Torres Strait Islander—
(i) promote the person’s right to self-determination and
cultural sensitivities; and
(ii) consider the person’s family and community connections;
and
(c) if the person is a child or young person—take into account the
age, maturity and decision-making ability of the child or young
person.
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Division 3.3 Information sharing for protection
purposes
16AA Meaning of relevant ground—div 3.3
For this division, a relevant ground for not disclosing information
exists if the disclosure—
(a) would contravene a requirement for information sharing under
section 16; or
(b) could reasonably be expected to—
(i) endanger a person’s life or physical safety; or
(ii) prejudice an investigation; or
(iii) prejudice a coronial inquest or inquiry; or
(iv) enable the existence or identity of a confidential source of
information for the enforcement or administration of a law
in force in the ACT to be revealed; or
(v) prejudice the effectiveness of a lawful method or
procedure for preventing, detecting, investigating or
dealing with a contravention, or possible contravention, of
a law in force in the ACT; or
(vi) prejudice a proceeding in a court or tribunal; or
(vii) contravene an order of a court or tribunal; or
(viii) be contrary to the public interest.
Note The Legislation Act, s 170 and s 171 deal with the application of
the privilege against self-incrimination and client legal privilege.
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16AB Information sharing entities may share information
(1) An information sharing entity may disclose information held by it to
another information sharing entity if the disclosing entity reasonably
believes—
(a) the information is relevant to the exercise of the functions of the
other entity; and
(b) the disclosure is necessary for a protection purpose.
(2) However, the information sharing entity must not disclose
information if the entity reasonably believes a relevant ground for not
disclosing the information exists.
16AC Information sharing entity must share information
(1) An information sharing entity may ask another information sharing
entity to disclose information for a protection purpose.
(2) The information sharing entity must disclose the requested
information if it reasonably believes—
(a) the information is relevant to the exercise of the functions of the
other entity; and
(b) the disclosure is necessary for a protection purpose.
(3) However, the information sharing entity must not disclose
information if the entity reasonably believes a relevant ground for not
disclosing the information exists.
(4) An information sharing entity that does not disclose information
under this section must tell the information sharing coordinator, in
writing, the following:
(a) the name of the requesting information sharing entity;
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(b) the nature of the information requested;
(c) the relevant ground for not disclosing the information.
16AD Information sharing coordinator may require sharing of
information
(1) This section applies if an information sharing entity (other than the
information sharing coordinator) has not disclosed information
requested under section 16AC (1).
(2) The information sharing coordinator may, by written notice, require
the information sharing entity to disclose the information if the
coordinator reasonably believes that—
(a) the information is relevant to the exercise of the functions of the
information sharing entity that requested the information; and
(b) the disclosure is necessary for a protection purpose.
(3) However, the information sharing coordinator must not require the
information sharing entity to disclose the information if the
coordinator is satisfied that a relevant ground for not disclosing the
information exists.
(4) The information sharing entity must comply with the notice.
16AE Information sharing entity may share information with
at-risk person
(1) An information sharing entity may disclose information about a
person of concern held by it to an at-risk person if the entity
reasonably believes the disclosure is necessary for a protection
purpose.
(2) However, the information sharing entity must not disclose any
information if the entity reasonably believes that a relevant ground
for not disclosing the information exists.
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Division 3.4 Information sharing coordinator
16AF Information sharing coordinator
(1) The Minister may declare an entity to be the information sharing
coordinator if satisfied that the entity has suitable expertise and
experience to exercise the functions of the information sharing
coordinator.
(2) A declaration is a disallowable instrument.
16AG Functions of information sharing coordinator
The functions of the information sharing coordinator are to—
(a) facilitate the sharing of information among information sharing
entities under this part; and
(b) identify and take appropriate action for a protection purpose;
and
(c) any other function given to the coordinator under this part.
16AH Use of information by information sharing coordinator
(1) The information sharing coordinator may consider any information
disclosed to it under this part and take action in relation to the
information that the coordinator reasonably considers appropriate for
a protection purpose, taking into account the following:
(a) the safety and protection of the at-risk person;
(b) the at-risk person’s views about the proposed action, where safe,
reasonable and practicable to seek their views;
(c) the seriousness of the circumstances;
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(d) anything else prescribed by regulation.
Note The information sharing coordinator must also take into account the
matters mentioned in s 16 (2).
(2) Without limiting subsection (1), the actions the information sharing
coordinator may take include the following:
(a) seeking information from an information sharing entity to
decide the most appropriate action to take;
(b) giving advice to an information sharing entity about appropriate
action to take;
(c) coordinating information sharing entities in taking action;
Example
holding a service coordination meeting with information sharing entities
(d) providing assistance to the at-risk person and, if appropriate,
their family members, for example, by giving advice or
providing or arranging support services;
(e) referring the at-risk person and, if appropriate, their family
members to a government or non-government entity for advice
or support services.
Division 3.5 Disclosure and use of information
other than for protection purpose
16AI Disclosure and use of information other than for
protection purpose
(1) An information sharing entity must not disclose or use information
disclosed to it under this part other than—
(a) with the consent of the at-risk person or connected person; or
(b) to the extent required or allowed under a territory law to lessen
or prevent a serious and urgent threat to the life, health or safety
of an individual, or to public health or safety; or
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(c) to comply with—
(i) a mandatory reporting requirement under the Children and
Young People Act 2008, section 356; or
(ii) a reportable conduct requirement under the Ombudsman
Act 1989, division 2.2A; or
(d) to the extent required or allowed under a territory law prescribed
by regulation.
(2) 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.
Note 1 Reportable conduct information may be given to certain entities under the
Children and Young People Act 2008, div 25.3.3 despite any territory law
to the contrary (see that Act, s 863F).
Note 2 Other laws may restrict dealing with information under this part.
For example, for restrictions on sharing information about who makes a
report, see the Children and Young People Act 2008, s 857.
Division 3.6 Consent to dealing with sensitive
information
16AJ Application—div 3.6
This division applies in relation to any proposed dealing with
sensitive information about a person under this part.
Note Other requirements for information sharing are set out in s 16.
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16AK Meaning of sensitive information—div 3.6
In this division:
sensitive information means information or an opinion about an
identified individual, or an individual who is reasonably
identifiable—
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material
form or not.
16AL Consent—at-risk adults
(1) An information sharing entity must not deal with sensitive
information about an at-risk person who is an adult without the
person’s consent.
(2) In seeking consent, the information sharing entity must, as far as
practicable, provide the at-risk person with access to all reasonable
support necessary for the at-risk person to make and communicate
their decision about giving consent.
Examples
1 offering the person an opportunity to contact a support person
2 offering additional time to make the decision
(3) However, the information sharing entity may deal with the sensitive
information without the at-risk person’s consent if—
(a) the entity reasonably believes that dealing with the information
is necessary for the safety and protection of the at-risk person;
and
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(b) the entity—
(i) reasonably believes that seeking the at-risk person’s
consent may cause a risk to the life, health or safety of the
at-risk person or a connected person; or
(ii) is unable to locate or contact the at-risk person despite
taking reasonable steps; or
(iii) reasonably believes that failing to deal with the
information may cause a serious risk to the life, health or
safety of the at-risk person or a connected person.
16AM Consent—at-risk young people generally
(1) This section applies if an information sharing entity proposes to deal
with sensitive information about an at-risk person who is a young
person, other than a young person mentioned in section 16AN (1) (b).
(2) The information sharing entity must not deal with sensitive
information about the young person without the person’s consent.
(3) In seeking consent, the information sharing entity must, as far as
practicable, provide the young person with access to all reasonable
support necessary for the young person to make and communicate
their decision about giving consent.
(4) However, the information sharing entity may deal with the sensitive
information without the young person’s consent if—
(a) the entity reasonably believes that dealing with the information
is necessary for the safety and protection of the young person;
and
(b) the entity—
(i) reasonably believes that seeking the young person’s
consent may cause a risk to the life, health or safety of the
young person or a connected person; or
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(ii) is unable to locate or contact the young person despite
taking reasonable steps; or
(iii) reasonably believes that failing to deal with the
information may cause a serious risk to the life, health or
safety of the young person or a connected person.
16AN Consent—at-risk children and certain young people
(1) This section applies if an information sharing entity proposes to deal
with sensitive information about an at-risk person who is—
(a) a child; or
(b) a young person who the entity reasonably believes does not have
sufficient decision-making ability to give consent under
section 16AM, taking into account the young person’s age and
maturity.
(2) The information sharing entity must not deal with sensitive
information about the child or young person without the consent of a
person with parental responsibility for the child or young person.
(3) In seeking consent, the information sharing entity must, as far as
practicable, provide a person with parental responsibility for the child
or young person with access to all reasonable support necessary for
the person with parental responsibility to make and communicate
their decision about giving consent.
(4) However, the information sharing entity may deal with the sensitive
information without the consent of a person with parental
responsibility for the child or young person if—
(a) the entity reasonably believes that dealing with the information
is necessary for the safety and protection of the child or young
person; and
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(b) the entity—
(i) reasonably believes that seeking the consent of a person
with parental responsibility may cause a risk to the life,
health or safety of the child or young person, or a
connected person; or
(ii) is unable to locate or contact a person with parental
responsibility despite taking reasonable steps; or
(iii) reasonably believes that failing to deal with the
information may cause a serious risk to the life, health or
safety of the child or young person, or a connected person.
(5) Despite anything else in this section, the information sharing entity
must not contact or seek the consent of a person of concern in relation
to the child or young person.
(6) In this section:
person with parental responsibility, for a child or young person,
means a person with parental responsibility for the child or young
person under the Children and Young People Act 2008,
division 1.3.2.
16AO Consent—connected people
(1) An information sharing entity must not deal with sensitive
information about a connected person without the person’s consent.
(2) In seeking consent, the information sharing entity must, as far as
practicable, provide the connected person with access to all
reasonable support necessary for the connected person to make and
communicate their decision about giving consent.
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(3) However, the information sharing entity may deal with the sensitive
information without the connected person’s consent if—
(a) the entity reasonably believes that dealing with the information
is necessary for the safety and protection of an at-risk person;
and
(b) the entity—
(i) reasonably believes that seeking the connected person’s
consent may cause a risk to the life, health or safety of the
connected person or an at-risk person; or
(ii) is unable to locate or contact the connected person despite
taking reasonable steps; or
(iii) reasonably believes that failing to deal with the
information may cause a serious risk to the life, health or
safety of the connected person or an at-risk person.
16AP No consent of person of concern
(1) An information sharing entity must not seek the consent of a person
of concern to deal with sensitive information about the person.
(2) Not having the person of concern’s consent does not limit the
information sharing entity’s ability to deal with the sensitive
information.
Division 3.7 Informing people about disclosure
and use of information
16AQ Certain people to be told about disclosure for protection
purpose
(1) This section applies if an information sharing entity discloses
information in relation to an at-risk person or connected person for a
protection purpose under this part.
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(2) The information sharing entity must tell the at-risk person or
connected person about the disclosure, including—
(a) the name of the information sharing entity to which the
information was disclosed; and
(b) when the information was disclosed; and
(c) the nature of the information disclosed; and
(d) any outcomes of the disclosure.
(3) However, the information sharing entity need not tell the at-risk
person or connected person about the disclosure if—
(a) the person has indicated, in writing, that they do not wish to be
told; or
(b) another entity has already told the person; or
(c) it is not practicable in the circumstances to tell the person; or
(d) the entity reasonably believes that telling the person may cause
a risk to the life, health or safety of the at-risk person or
connected person.
16AR Certain people to be told about action for protection
purpose
(1) This section applies if—
(a) an information sharing entity proposes to take action for a
protection purpose as a result of information dealt with under
this part; and
(b) the information sharing entity reasonably believes that the
proposed action may cause a risk to the life, health or safety of
an at-risk person or connected person.
Example—par (a)
the chief police officer proposes to increase the monitoring of a person of concern
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(2) The information sharing entity must tell the at-risk person or
connected person about the proposed action and the risk.
(3) However, the information sharing entity need not tell the at-risk
person or connected person about the proposed action and the risk
if—
(a) another entity has already told the person; or
(b) it is not practicable in the circumstances to tell the person; or
(c) the entity reasonably believes that telling the person may cause
a risk to the life, health or safety of the at-risk person or
connected person.
16AS Certain people to be told about disclosure and use other
than for protection purpose
(1) This section applies if an information sharing entity discloses or uses
information in relation to an at-risk person or connected person for a
purpose other than a protection purpose under section 16AI.
(2) The information sharing entity must tell the at-risk person or
connected person about the disclosure or use, including—
(a) the name of the information sharing entity to which the
information was disclosed or which used the information; and
(b) when the information was disclosed or used; and
(c) the nature of the information disclosed or used; and
(d) any outcomes of the disclosure or use.
Note Other laws may restrict dealing with information under this part.
For example, for restrictions on sharing information about who makes a
report, see the Children and Young People Act 2008, s 857.
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(3) However, the information sharing entity need not tell the at-risk
person or connected person about the disclosure or use if—
(a) the person has consented to the disclosure or use; or
(b) the person has indicated, in writing, that they do not wish to be
told; or
(c) another entity has already told the person; or
(d) it is not practicable in the circumstances to tell the person; or
(e) the entity reasonably believes that telling the person may cause
a risk to the life, health or safety of the at-risk person or
connected person.
16AT Telling person of concern not required
An information sharing entity must not tell a person of concern that
information has been dealt with under this part.
Division 3.8 Miscellaneous
16AU Risk assessment and management framework
(1) The Minister must declare a framework (a risk assessment and
management framework) about dealing with information by an
information sharing entity under this part.
(2) A declaration is a notifiable instrument.
16AV Information sharing protocols—Minister
(1) The Minister must make protocols in relation to the operation of this
part (a Ministerial protocol).
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(2) Without limiting subsection (1), a Ministerial protocol may—
(a) state requirements for dealing with information under this part,
including in relation to the following:
(i) seeking the consent of a person;
(ii) dealing with information without consent;
(iii) how information sharing entities are to engage with each
other and the information sharing coordinator;
(iv) identifying whether a protection purpose exists;
(v) timeframes for disclosing information or telling at-risk
people about information dealt with under this part;
(vi) complying with privileges against self-incrimination and
exposure to civil penalty, and use and derivative use
immunities;
(vii) operating requirements for information sharing entities;
and
Examples—subpar (vii)
1 who may give or receive information on behalf of an entity
2 processes to support clients who have intersecting vulnerabilities
(b) state requirements for storing and managing information dealt
with under this part, including disposal requirements if the
information is no longer necessary for a protection purpose; and
(c) include information to provide guidance on complying with
requirements for—
(i) dealing with information under this part; and
(ii) storing and managing information dealt with under this
part.
(3) A Ministerial protocol is a notifiable instrument.
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(4) In this section:
disposal, of information dealt with under this part, includes the
deletion or destruction of the information from a record keeping
system.
16AW Information sharing protocols—entities
(1) An information sharing entity may make protocols about dealing with
information by the entity under this part (an entity protocol).
(2) An entity protocol must not be inconsistent with—
(a) a risk assessment and management framework; or
(b) a Ministerial protocol.
(3) An entity protocol must be—
(a) available for inspection by anyone, without charge, during
ordinary office hours at the office of the information sharing
entity; or
(b) published on a website controlled by the information sharing
entity.
16AX Disclosure and use of shared information
(1) An information holder commits an offence if—
(a) the information holder does something that discloses
information; and
(b) the information is shared information about someone else
(the protected person); and
(c) the information holder is reckless about whether—
(i) the information is shared information about the protected
person; and
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(ii) doing the thing would result in the information being
disclosed to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An information holder commits an offence if—
(a) the information holder uses information; and
(b) the information is shared information about a protected person;
and
(c) the entity is reckless about whether the information is shared
information about the protected person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both
(3) Subsections (1) and (2) do not apply if the information holder—
(a) discloses or uses the shared information—
(i) in relation to the exercise of a function, as an information
holder, under this part; or
(ii) as required in relation to a court proceeding; or
(iii) with the protected person’s consent; or
(b) discloses the shared information to the chief police officer in
connection with a possible domestic and family violence
offence.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see Criminal Code, s 58).
(4) An information holder need not disclose shared information to a
court, or produce a document containing shared information to a
court, unless it is necessary to do so for this Act or another law
applying in the ACT.
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(5) In this section:
court includes a tribunal, authority or person having power to require
the production of documents or the answering of questions.
information holder means anyone who exercises, or has exercised, a
function under this part.
produce includes allow access to.
shared information means information about a person that is
disclosed to, or obtained by, an information holder because of the
exercise of a function under this part by the information holder or
someone else.
16AY Continuation of use and derivative use immunities
To remove any doubt, nothing in this part affects a use or derivative
use immunity that applies to information obtained, directly or
indirectly, because of the operation of a law applying in the ACT.
Examples
• Aboriginal and Torres Strait Islander Children and Young People
Commissioner Act 2022, s 33 (2)
• Human Rights Commission Act 2005, s 75 (4)
• Integrity Commission Act 2018, s 176
16AZ Relationship with Freedom of Information Act 2016
The Freedom of Information Act 2016 does not apply to information
to the extent that the information is held by an information sharing
entity only because the information was disclosed to the entity under
this part.
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16AZA Protection from liability—public employees
(1) A public employee is not civilly liable for conduct engaged in
honestly and without recklessness—
(a) in the exercise of a function under this part; or
(b) in the reasonable belief that the conduct was in the exercise of a
function under this part.
(2) Any civil liability that would, apart from this section, attach to the
public employee attaches instead to the Territory.
(3) In this section:
conduct means an act or omission to do an act.
16AZB Protection from liability—generally
(1) Civil or criminal liability is not incurred only because a person deals
with information as permitted under this part, honestly and without
recklessness.
(2) Also, dealing with information honestly and without recklessness
under this part is not a breach of—
(a) confidence; or
(b) professional etiquette or ethics; or
(c) a rule of professional conduct.
16AZC Review of part
(1) The Minister must arrange for an independent entity to review the
operation of this part as soon as practicable after the end of its
2nd year of operation.
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(2) The Minister must present a report of the review to the Legislative
Assembly within 12 months after the day the review is started.
(3) This section expires 4 years after the day it commences.
8 Meaning of domestic or family violence incident—pt 3A
Section 16C (3), definition of family member
omit
9 Use and disclosure of protected information
Section 16U (5), definitions of disclose, information and
use
omit
10 Section 18
substitute
18 Disclosure of information to an approved crisis support
organisation
(1) This section applies if a police officer or a staff member of the
Australian Federal Police suspects on reasonable grounds that a
family violence offence has been, is being or is likely to be committed
in relation to a person.
(2) The police officer or staff member may disclose to an approved crisis
support organisation any information that is likely to aid the
organisation in rendering assistance to the person or to any child of
the person.
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(3) In this section:
child, of a person, includes—
(a) a child or young person who normally lives with the person; and
(b) a child or young person for whom the person is a person with
parental responsibility.
person with parental responsibility, for a child or young person,
means a person with parental responsibility for the child or young
person under the Children and Young People Act 2008,
division 1.3.2.
11 Dictionary, note 2
insert
• adult
• public employee
• public trustee and guardian
• registrar of firearms
• working day
12 Dictionary, new definition of at-risk person
insert
at-risk person, for part 3 (Information sharing between certain
entities)—see section 13.
13 Dictionary, definition of child
substitute
child means a person who is under 14 years old.
Section 14
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14 Dictionary, new definitions
insert
connected person, for part 3 (Information sharing between certain
entities)—see section 13.
deal, with information, for part 3 (Information sharing between
certain entities)—see section 13.
15 Dictionary, definition of DFVR coordinator
substitute
DFVR coordinator—see section 16D (1).
16 Dictionary, new definitions
insert
disclose includes—
(a) communicate; or
(b) publish.
domestic and family violence—see the Family Violence Act 2016,
section 8, definition of family violence.
domestic and family violence incident, for part 3A (Domestic and
family violence incident review)—see section 16C.
17 Dictionary, definition of domestic or family violence
incident
omit
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18 Dictionary, new definitions
insert
entity protocol, for part 3 (Information sharing between certain
entities)—see section 16AW (1).
family member—see the Family Violence Act 2016, section 9.
information means information, whether true or not, in any form and
includes an opinion and advice.
information sharing coordinator, for part 3 (Information sharing
between certain entities)—see section 13.
information sharing entity, for part 3 (Information sharing between
certain entities)—see section 14 (1).
Ministerial protocol, for part 3 (Information sharing between certain
entities)—see section 16AV (1).
person of concern, for part 3 (Information sharing between certain
entities)—see section 13.
protection purpose, for part 3 (Information sharing between certain
entities)—see section 15 (a).
relevant ground, for division 3.3 (Information sharing for protection
purposes)—see section 16AA.
restricted entity, for part 3 (Information sharing between certain
entities)—see section 13.
risk assessment and management framework, for part 3
(Information sharing between certain entities)—see
section 16AU (1).
sensitive information, for division 3.6 (Consent to dealing with
sensitive information)—see section 16AK.
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use, in relation to information, includes make a record of the
information.
young person means a person who is 14 years old or older, but not
yet an adult.
19 Further amendments, mentions of domestic or family
violence
omit
domestic or family violence
substitute
domestic and family violence
in
• section 16B, definition of register
• section 16C
• sections 16K and 16L
• sections 16O and 16P
• section 16R
• section 16V
20 Further amendments, mentions of family violence
omit
family violence
substitute
domestic and family violence
in
• long title
• section 16A (a) to (c)