144JPrinciples

144J Principles (1) The principles set out in this section should be used for guidance in relation to the collection, use or disclosure of confidential information that is authorised or required to be collected, used or disclosed under this Part. (2) Information sharing entities should— (a) work collaboratively to coordinate services in a manner that respects the functions and expertise of each information sharing entity; and (b) give precedence to the right to be safe from family violence over the right to privacy; and (c) only collect, use or disclose a person's confidential information to the extent that the collection, use or disclosure of the information is necessary— (i) to assess or manage risk to the safety of a person from family violence; and (ii) to hold perpetrators of family violence accountable for their actions; and (d) collect, use or disclose the confidential information of a person who identifies as Aboriginal or Torres Strait Islander in a manner that— (i) promotes the right to self‑determination and is culturally sensitive; and (ii) considers the person's familial and community connections; and (e) have regard to and be respectful of a person's cultural, sexual and gender identity and religious faith. (3) In addition to the principles set out in subsection (2), when collecting, using and disclosing confidential information relating to a child to assess any risk to the safety of the child from family violence or to protect the child from family violence, information sharing entities should— (a) promote the agency of the child and other family members at risk of family violence by ensuring their wishes are taken into account having regard to the appropriateness of doing so and the child's age and maturity; and (b) if the collection, use and disclosure of that information includes the confidential information of other family members at risk of family violence, take all reasonable steps to ensure the information is collected, used and disclosed in a way that— (i) plans for the safety of those family members at risk of being subjected to family violence; and (ii) recognises the desirability of preserving and promoting positive relationships between those family members and the child. (4) The Parliament does not intend these principles— (a) to create in any person any legal right or give rise to any civil cause of action; or (b) to affect in any way the interpretation of any Act or law in force in Victoria. Division 2—Information sharing for family violence assessment purpose S. 144K inserted by No. 23/2017 s. 7.