66Control of case management documents

#### 66 Control of case management documents Documents to which this section applies (1) This section applies to a document that: (a) is connected with the provision, or anticipated provision, of case management services by a case manager to a person referred to the case manager under Part 4.3; and (b) relates to the affairs of a person who is or has been so referred to the case manager. Case management documents (2) The ESRA Board may make a written determination that specified documents are case management documents for the purposes of this section. Case management document rules (3) The ESRA Board may, by written instrument, formulate rules about any or all the following: (a) the provision of case management documents by the CES to case managers; (b) the creation of case management documents by case managers; (c) the handling, copying and storage of case management documents; (d) the amendment of case management documents; (e) the return of case management documents to the CES; (f) the destruction of, or of copies of, case management documents held by case managers; (g) the retention of case management documents by case managers; (h) the giving of information relating to rules about any of the above‑mentioned matters, where the information is provided to a person who is or has been referred to a case manager under Part 4.3. The rules are to be known as the case management document rules. Consent necessary for transfer of certain personal records (4) Without otherwise limiting paragraph (3)(a), rules made for the purposes of that paragraph must provide that a document that consists of, or contains information extracted from: (a) a sensitive personal record relating to a person; or (b) a person’s criminal record; is to be provided by the CES to a case manager only with the person’s consent. For this purpose, consent must be given in writing in a form specified in the case management document rules. > Note: Sensitive personal record is defined by subsection (11). Offence (5) A person who intentionally or recklessly contravenes the case management document rules is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 12 months. Case management document rules to comply with the Archives Act 1983 (6) The case management document rules must not be inconsistent with the provisions of the Archives Act 1983. Case management documents deemed to be Commonwealth records for the purposes of the Archives Act 1983 (7) A case management document is taken to be a Commonwealth record for the purposes of the Archives Act 1983. Case management document rules to comply with the Privacy Act 1988 (8) The case management document rules must not be inconsistent with the provisions of the Privacy Act 1988. Consultation with Privacy Commissioner (9) Before an instrument is made under subsection (2) or (3), the ESRA Board must consult the Privacy Commissioner. Disallowable instrument (10) An instrument under subsection (2) or (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Definition (11) In this section: > sensitive personal record, in relation to a person, means a record about the person that: (a) is made by any of the following other persons: (i) a medical practitioner or other health worker; (ii) a psychologist; (iii) a social worker; and (b) is made by the other person acting in his or her professional capacity.