144KApplication of Division to confidential information of certain persons

144K Application of Division to confidential information of certain persons This Division applies to the confidential information of any of the following persons— (a) a primary person; (b) a person of concern; (c) a person who is alleged to pose a risk of family violence; (d) a linked person. S. 144KA inserted by No. 23/2017 s. 7. 144KA Voluntary disclosure for family violence assessment purpose An information sharing entity may disclose confidential information to a risk assessment entity for a family violence assessment purpose if the confidential information— S. 144KB inserted by No. 23/2017 s. 7. 144KB Request for information sharing for family violence assessment purpose (1) A risk assessment entity (a ***requesting entity***) may request an information sharing entity (a ***responding entity***) to disclose confidential information to the requesting entity for a family violence assessment purpose. (2) In making a request under this section, a requesting entity may provide the responding entity with any confidential information that may assist the responding entity to— (a) identify the confidential information held by the responding entity that is relevant to the request; and (b) determine whether to disclose the confidential information. (3) A responding entity that does not comply with a request made under this section must provide, in writing, the requesting entity with the reason for the failure to comply with the request. S. 144KC inserted by No. 23/2017 s. 7. 144KC Obligation to disclose for family violence assessment purpose (1) Subject to subsection (2), an information sharing entity must disclose confidential information to a risk assessment entity that has requested the information for a family violence assessment purpose if the confidential information— (2) This section does not apply to any person or body specified in section 144I that has been prescribed to be an information sharing entity. S. 144KD inserted by No. 23/2017 s. 7. 144KD Collection and use of confidential information for family violence assessment purpose A risk assessment entity may collect or use any confidential information disclosed to the risk assessment entity under this Division for a family violence assessment purpose. Division 3—Information sharing for family violence protection purpose S. 144L inserted by No. 23/2017 s. 7. 144L Application of Division to confidential information of certain persons This Division applies to the confidential information of any of the following persons— (a) a primary person; (b) a person of concern; (c) a linked person. S. 144LA inserted by No. 23/2017 s. 7. 144LA Voluntary disclosure for family violence protection purpose An information sharing entity may disclose confidential information to another information sharing entity for a family violence protection purpose if the confidential information— S. 144LB inserted by No. 23/2017 s. 7. 144LB Request for information sharing for family violence protection purpose (1) An information sharing entity (a ***requesting entity***) may request another information sharing entity (a ***responding entity***) to disclose confidential information to the requesting entity for a family violence protection purpose. (2) In making a request under this section, a requesting entity may provide the responding entity with any confidential information that may assist the responding entity to— (a) identify the confidential information held by the information sharing entity that is relevant to the request; and (b) determine whether to disclose the confidential information. (3) A responding entity that does not comply with a request made under this section must provide, in writing, the requesting entity with the reason for the failure to comply with the request. S. 144LC inserted by No. 23/2017 s. 7. 144LC Obligation to disclose for family violence protection purpose (1) Subject to subsection (2), an information sharing entity (a ***responding entity***) must disclose confidential information to another information sharing entity (a ***requesting entity***) that has requested the information for a family violence protection purpose if— (a) the responding entity reasonably believes that the disclosure of the relevant information to the requesting entity is necessary for a family violence protection purpose; and (b) the confidential information is not excluded information; and (c) the confidential information is permitted to be disclosed under Division 5. (2) This section does not apply to any person or body specified in section 144I that has been prescribed to be an information sharing entity. S. 144LD inserted by No. 23/2017 s. 7. 144LD Collection and use of confidential information for family violence protection purpose An information sharing entity may collect or use any confidential information disclosed to the information sharing entity under this Division for a family violence protection purpose. Division 4—Information sharing with primary persons S. 144M inserted by No. 23/2017 s. 7. 144M Voluntary disclosure to primary person (1) An information sharing entity may disclose confidential information about a person of concern to a primary person for a family violence protection purpose if the confidential information is not excluded information. (2) An information sharing entity may disclose confidential information about a person of concern to any of the following persons if the primary person is a child and the confidential information is not excluded information— (a) the child; (b) a person who is a parent of the child, other than a person who is a person of concern in relation to the child. S. 144MA inserted by No. 23/2017 s. 7. 144MA Primary person not to disclose confidential information other than for reasons of safety A person who has been given confidential information under section 144M must not use or disclose that information except for the purposes of managing the primary person's risk of being subjected to family violence. Division 5—Consent S. 144N inserted by No. 23/2017 s. 7. 144N Consent of person of concern and certain other persons not required (1) For the purposes of this Part, an information sharing entity may collect, use and disclose confidential information about a relevant person without the consent of the relevant person. ***relevant person*** means— (a) a person of concern; or (b) a person who is alleged to pose a risk of family violence. S. 144NA inserted by No. 23/2017 s. 7. 144NA Consent of primary person who is an adult For the purposes of this Part, an information sharing entity must not collect, use or disclose confidential information about a primary person who is an adult unless— (a) the primary person consents to the collection, use or disclosure of the confidential information by the information sharing entity; or (b) the information sharing entity reasonably believes that the collection, use or disclosure of the confidential information is necessary to lessen or prevent a serious threat to an individual's life, health, safety or welfare. See section 144Q. S. 144NB inserted by No. 23/2017 s. 7. 144NB Consent of linked person For the purposes of this Part, an information sharing entity must not collect, use or disclose confidential information about a linked person unless— (a) the linked person consents to the collection, use or disclosure of the confidential information by the information sharing entity; or (b) the information sharing entity reasonably believes that the collection, use or disclosure of the confidential information is necessary to lessen or prevent a serious threat to an individual's life, health, safety or welfare. See section 144Q. S. 144NC inserted by No. 23/2017 s. 7. 144NC Consent not required if primary person is a child (1) For the purposes of this Part, an information sharing entity may collect, use and disclose confidential information about a primary person who is a child without the consent of any person if— (a) the collection, use or disclosure is for a family violence protection purpose relating to a primary person who is child; or (b) the collection, use or disclosure is for, or made to a risk assessment entity for, a family violence assessment purpose relating to a primary person who is a child. An information sharing entity must comply with guidelines issued under section 144P(1) relating to child consent to the collection, use or disclosure of confidential information about the child. (2) Despite sections 144NA and 144NB, an information sharing entity may collect, use and disclose confidential information about a primary person who is an adult or a linked person (a ***related person***) without the consent of that related person if that information relates to confidential information— (a) about a primary person who is a child; and (b) that is collected, used and disclosed for a purpose specified in subsection (1). S. 144ND inserted by No. 23/2017 s. 7. 144ND Capacity to consent (1) If an information sharing entity requires the consent of a primary person or a linked person before disclosing confidential information under this Part, and that person is incapable of giving consent to the disclosure, the information sharing entity may obtain consent from that person's authorised representative unless the authorised representative is— (a) a person of concern; or (b) alleged to pose a risk of family violence. (2) For the purposes of subsection (1), a primary person or a linked person is incapable of giving consent if the person is incapable (despite the provision of reasonable assistance by another person) by reason of age, injury, disease, illness, disability, physical impairment or mental disorder of— (a) understanding the general nature and effect of giving the consent; or (b) communicating the consent or refusal of consent. S. 144ND(3) def. of *authorised representative* amended by Nos 23/2017 s. 37, 13/2019 s. 221(Sch. 1 item 15.3). ***authorised representative***, in relation to a primary person or a linked person means a person who is— (a) the primary person's or linked person's guardian; or (b) a medical treatment decision maker for the individual within the meaning of the **Medical Treatment Planning and Decisions Act 2016**; or (ba) a support person for the individual within the meaning of the **Medical Treatment Planning and Decisions Act 2016**; or (c) an administrator appointed for the primary person or linked person in an administration order made under the **Guardianship and Administration Act 2019**; or (d) otherwise empowered under law to perform any functions or duties or exercise powers as an agent of or in the best interests of the primary person or linked person; ***disability*** has the same meaning as in the **Disability Act 2006**. Division 6—The Central Information Point S. 144O inserted by No. 23/2017 s. 7. 144O Central Information Point (1) The Central Information Point is— (a) the Secretary of the Department responsible to the Minister administering this Part; or (b) if an Administrative Office Head is prescribed by the regulations—the Administrative Office Head. (2) The Central Information Point is not, in that capacity, an information sharing entity, even if the person who is the Central Information Point is an information sharing entity in another capacity. S. 144OA inserted by No. 23/2017 s. 7. 144OA CIP purpose Each of the following is a purpose of the Central Information Point (a ***CIP purpose***)— (a) to receive and respond to CIP requests; (b) to provide CIP requesters and CIP data custodians with new or updated information about people in relation to whom CIP requests have at any time been made; (c) to do anything necessary for the above purposes. S. 144OB inserted by No. 23/2017 s. 7. 144OB Central Information Point may handle confidential information for CIP purpose The Central Information Point may do any or all of the following for a CIP purpose— (a) request and collect confidential information from a CIP requester or a CIP data custodian; (b) disclose confidential information to a CIP requester or a CIP data custodian; (c) use confidential information collected from a CIP requester or a CIP data custodian. S. 144OC inserted by No. 23/2017 s. 7. 144OC CIP requests (1) A CIP requester may request the Central Information Point to disclose confidential information to it— (a) if the CIP requester is a risk assessment entity—for a family violence assessment purpose; or (b) in any case—for a family violence protection purpose. (2) A request under subsection (1) is a ***CIP request***. S. 144OD inserted by No. 23/2017 s. 7. 144OD CIP requester may disclose information to Central Information Point (1) A CIP requester may, in making a CIP request, disclose confidential information to the Central Information Point. (2) The purpose of the disclosure must be to assist one or more CIP data custodians to— (a) identify the confidential information held by the CIP data custodians that is relevant to the request; and (b) determine whether to disclose the confidential information to the Central Information Point under section 144OE. S. 144OE inserted by No. 23/2017 s. 7. 144OE CIP data custodian may disclose confidential information to Central Information Point (1) A CIP data custodian may disclose confidential information to the Central Information Point if— (a) the Central Information Point has requested the information from the CIP data custodian for the purposes of dealing with a CIP request; and (b) the CIP data custodian could have disclosed the information to the CIP requester concerned in response to a request under Division 2 or 3. (2) Subsection (1) does not require a CIP data custodian to disclose confidential information. S. 144OF inserted by No. 23/2017 s. 7. 144OF CIP data custodian may disclose information to other CIP data custodians A CIP data custodian may disclose confidential information to another CIP data custodian if— (a) the Central Information Point has requested confidential information from any CIP data custodian for the purposes of a CIP request; and (b) the disclosure relates to that CIP request; and (c) the CIP data custodian could have disclosed the information to the other CIP data custodian in response to a request under Division 2 or 3. S. 144OG inserted by No. 23/2017 s. 7. 144OG CIP data custodians and CIP requesters may disclose information to Central Information Point on own initiative A CIP data custodian or a CIP requester may, on its own initiative, disclose confidential information to the Central Information Point if— (a) the purpose of the disclosure is to provide the Central Information Point with updated information relevant to a previous CIP request; and (b) the CIP data custodian could have disclosed the information to another CIP data custodian or a CIP requester in response to a request under Division 2 or 3. S. 144OH inserted by No. 23/2017 s. 7. 144OH References in certain provisions to CIP data custodians and CIP requesters A reference in section 144OE(1)(b), 144OF(c) or 144OG(b) to a CIP data custodian or a CIP requester is a reference to the CIP data custodian or CIP requester in its capacity as an information sharing entity. S. 144OI inserted by No. 23/2017 s. 7. 144OI Delegation The Central Information Point may delegate to a person any power of the Central Information Point under this Act, except this power of delegation. Division 7—Guidelines, protected disclosures and recording requirements S. 144P inserted by No. 23/2017 s. 7. 144P Guidelines (1) The Minister must issue guidelines in relation to the operation of this Part including the specification of requirements to be complied with by an information sharing entity in order to demonstrate the capacity of that information sharing entity to handle confidential information responsibly and appropriately in accordance with this Part. (2) Without limiting subsection (1), guidelines issued must address child consent to the collection, use or disclosure of confidential information about the child in accordance with this Part. (3) Before issuing guidelines under subsection (1), the Minister must publish, on an appropriate Internet site— (a) a draft of the proposed guidelines; and (b) a statement that submissions may be made to the Minister on or before a specified date, being at least 28 days after the day on which the draft guidelines are published. (4) As soon as practicable after finalising draft guidelines, the Minister must publish the guidelines on an appropriate Internet site. (5) Subject to subsection (6), an information sharing entity must comply with any guidelines issued under this section when handling confidential information in accordance with this Part. (6) Subsection (5) does not apply to any person or body specified in section 144I that has been prescribed to be an information sharing entity. (7) Guidelines issued under subsection (1) are not legislative instruments within the meaning of the **Subordinate Legislation Act 1994**. (8) The Minister may review guidelines issued under subsection (1) at any time, and may issue amended guidelines as the Minister considers necessary. (9) If the Minister considers that an amendment to the guidelines is significant or substantial, the requirements of subsection (3) must be met before the amended guidelines may be issued. S. 144PA inserted by No. 23/2017 s. 7. 144PA Disclosures made in good faith protected A disclosure made by an individual under this Part in good faith and with reasonable care— (a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the individual by whom it was made; and (b) does not make the individual by whom it was made subject to any liability in respect of it; and (c) without limiting paragraphs (a) and (b), does not constitute a contravention by the individual of any other Act. S. 144PB inserted by No. 23/2017 s. 7. 144PB Information sharing entity and Central Information Point recording requirements An information sharing entity, and the Central Information Point, must record the prescribed information in respect of the information sharing entity's, or the Central Information Point's, collection, use and disclosure of confidential information in accordance with this Part and the regulations. Division 8—Relationship of this Part with other Acts S. 144Q inserted by No. 23/2017 s. 7. 144Q Part does not affect handling of information permitted by other Acts This Part does not affect the collection, use or disclosure of confidential information by an information sharing entity or the Central Information Point that would otherwise be permitted by or under the **Privacy and Data Protection Act 2014**, the **Health Records Act 2001** or this Act or any other Act*.* S. 144QA inserted by No. 23/2017 s. 7. 144QA Access to confidential information under privacy laws restricted where risk to safety from family violence (1) An information sharing entity may refuse to give an individual access to that individual's confidential information under a relevant privacy law if— (a) the individual is a person of concern or a person who is alleged to pose a risk of committing family violence; and (b) the information sharing entity believes on reasonable grounds that giving the individual access to the information would increase the risk to a primary person's safety from family violence. ***relevant privacy law*** means— (a) the **Health Records Act 2001**; or (b) the **Privacy and Data Protection Act 2014**; or (c) the Privacy Act 1988 of the Commonwealth; or (d) the Privacy Act 1988 of the Commonwealth applied as a law of Victoria by another Act. S. 144QB inserted by No. 23/2017 s. 7. 144QB Application of Privacy and Data Protection Act 2014 to certain information sharing entities (1) This section applies to an information sharing entity that is not— (a) an organisation within the meaning of the **Privacy and Data Protection Act 2014**; or (b) subject to the Privacy Act 1988 of the Commonwealth, or that Act as applied as a law of Victoria by any other law. (2) The **Privacy and Data Protection Act 2014** applies to the handling of personal information or unique identifiers by the information sharing entity under this Part as if the entity were an organisation within the meaning of that Act. S. 144QC (Heading) amended by No. 5/2018 s. 39(1). S. 144QC inserted by No. 23/2017 s. 7, amended by No. 5/2018 s. 39(2). 144QC Information sharing entity or Central Information Point authorised to share confidential information despite specified provisions An information sharing entity or the Central Information Point is authorised to collect, use or disclose confidential information in accordance with this Part and the regulations despite anything to the contrary in a provision of an Act— (a) specified in Schedule 1; or (b) prescribed for the purposes of this section. S. 144QD inserted by No. 23/2017 s. 7. 144QD Disclosure of confidential information is not breach of Judicial Proceedings Reports Act 1958 Sections 3 and 4 of the **Judicial Proceedings Reports Act 1958** do not prevent a disclosure of confidential information that is made by an information sharing entity for the purposes of this Part. S. 144QE inserted by No. 23/2017 s. 7. 144QE Exemption from Freedom of Information Act 1982 for Central Information Point (1) The **Freedom of Information Act 1982** does not apply to a document that is in the possession of the Central Information Point, to the extent to which the document discloses confidential information about a primary person, a person of concern, a person alleged to pose a risk of family violence or a linked person. (2) In this section, ***document*** has the same meaning as it has in the **Freedom of Information Act 1982**. Division 9—Offences S. 144R inserted by No. 23/2017 s. 7. 144R Unauthorised use and disclosure of confidential information (1) A person who uses or discloses confidential information in accordance with this Part must not use that information or disclose that information to another person except in accordance with this Part. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (2) It is a defence to a charge under subsection (1) for the person charged to prove that the use or disclosure of the confidential information was done in good faith and with reasonable care. (3) Subsection (1) does not apply to the following uses and disclosures of confidential information— (a) a use or disclosure made with the consent of the person to whom the information relates; (b) a use or disclosure made with the consent of a person (other than a person of concern or a person alleged to pose a risk of family violence) who is a parent of the person who is a child to whom the information relates; (c) a disclosure made to a court or tribunal in the course of legal proceedings; (d) a use or disclosure made pursuant to an order of a court or tribunal; (e) a use or disclosure made to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth; (f) a disclosure made to an Australian legal practitioner for the purposes of obtaining legal advice or representation; (g) a use or disclosure made as required or authorised by or under this Act or any other Act. (4) Subsection (1) does not apply to the use or disclosure of confidential information by a primary person who is given the confidential information under section 144M. (5) A person does not commit an offence against this section only for the reason that the person uses or discloses confidential information in a way that does not comply with guidelines issued under section 144P(1). Despite non-compliance not being an offence— (a) this does not preclude non-compliance being taken into account in dealing with a complaint made under the **Privacy and Data Protection Act 2014**, the **Health Records Act 2001** or the Privacy Act 1988 of the Commonwealth; and (b) non-compliance may lead to a person or body ceasing to be prescribed as an information sharing entity. S. 144RA inserted by No. 23/2017 s. 7. 144RA Intentional or reckless unauthorised use and disclosure of confidential information (1) A person authorised to use or disclose confidential information in accordance with this Part must not use or disclose that information in a manner that is unauthorised under this Part and that the person— (a) knows is unauthorised under this Part; or (b) is reckless as to whether the use or disclosure of the information is unauthorised under this Part. Penalty: In the case of a natural person, 600 penalty units or imprisonment for 5 years or both; In the case of a body corporate, 3000 penalty units. (2) Subsection (1) does not apply to the following uses and disclosures of confidential information— (a) a use or disclosure made with the consent of the person to whom the information relates; (b) a use or disclosure made with the consent of a person (other than a person of concern or a person alleged to pose a risk of family violence) who is a parent of the person who is a child to whom the information relates; (c) a disclosure made to a court or tribunal in the course of legal proceedings; (d) a use or disclosure made pursuant to an order of a court or tribunal; (e) a use or disclosure made to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth; (f) a disclosure made to an Australian legal practitioner for the purposes of obtaining legal advice or representation; (g) a use or disclosure made as required or authorised by or under this Act or any other Act. (3) Subsection (1) does not apply to the use or disclosure of confidential information by a primary person who is given the confidential information under section 144M. (4) A person does not commit an offence against this section only for the reason that the person uses or discloses confidential information in a way that does not comply with guidelines issued under section 144P(1). Despite non-compliance not being an offence— (a) this does not preclude non-compliance being taken into account in dealing with a complaint made under the **Privacy and Data Protection Act 2014**, the **Health Records Act 2001** or the Privacy Act 1988 of the Commonwealth; and (b) non-compliance may lead to a person or body ceasing to be prescribed as an information sharing entity. Division 10—Review S. 144S inserted by No. 23/2017 s. 7. 144S Review of operation of Part after 2 years of operation (1) The Minister must cause an independent review to be conducted of the first 2 years of operation of this Part. (2) The Minister must cause a copy of the review to be laid before each House of the Parliament within 6 months after the end of the 2 year period. (3) The review must include consideration of any adverse effects of this Part. (4) The review may include any recommendations on any matter addressed in the review. S. 144SA inserted by No. 23/2017 s. 7. 144SA Review of operation of Part after 5 years of operation (1) The Minister must cause an independent review to be conducted of the 3rd to 5th years of operation of this Part. (2) The Minister must cause a copy of the review to be laid before each House of the Parliament within 6 months of the end of the 5th year of operation of this Part. (3) The review must include consideration of any adverse effects of this Part. (4) The review may include any recommendations on any matter addressed in the review. Pt 5B (Headings and ss 144SB–144SG) inserted by No. 11/2018 s. 41. Part 5B—Information sharing relating to Support and Safety Hubs S. 144SB (Heading) substituted by No. 41/2025 s. 3(Sch. 1 item 17). S. 144SB inserted by No. 11/2018 s. 41. 144SB Definitions ***authorised Hub entity*** means the following— (a) a person or body declared under section 144SC to be an authorised Hub entity; (b) the Department of Health and Human Services; (c) Family Safety Victoria; and includes an officer, employee or contracted service provider of such an entity; ***child*** means— (a) a person who is under the age of 18 years; and (b) an unborn child that is the subject of a report made under section 29 or a referral made under section 32, of the **Children Youth and Families Act 2005**; ***confidential information*** means the following— (a) health information; (b) personal information, including sensitive information; (c) unique identifiers; (d) identifiers; ***consent*** means express or implied consent; ***Family Safety Victoria*** means the Administrative Office established under the **Public Administration Act 2004** known as Family Safety Victoria; ***health information*** has the meaning set out in section 3(1) of the **Health Records Act 2001**; ***Hub service*** means the following— (a) a service that is provided by the State of Victoria in relation to, or for the purposes of, a body known as a Support and Safety Hub or an equivalent body; or (b) a service that is provided by a person or body under a contract or agreement (however described) entered into between the person or body and the State of Victoria and that is described in the contract or agreement as one of the following— (i) a Support and Safety Hub service or an equivalent service; (ii) a service provided in relation to, or for the purposes of, a Support and Safety Hub or an equivalent body; ***identifier*** has the meaning set out in section 3(1) of the **Health Records Act 2001**; ***person of concern*** has the meaning given in Part 5A; ***personal information*** has the meaning set out in section 3 of the **Privacy and Data Protection Act 2014**; ***primary person*** has the meaning given in Part 5A; ***secrecy provision*** means a provision of an Act that restricts or prohibits the disclosure of information (whether that restriction or prohibition is absolute or subject to qualifications or exceptions); ***sensitive information*** has the meaning set out in Schedule 1 to the **Privacy and Data Protection Act 2014**; ***unique identifier*** has the meaning set out in Schedule 1 to the **Privacy and Data Protection Act 2014**. S. 144SC inserted by No. 11/2018 s. 41. 144SC Meaning of *authorised Hub entity* (1) The Minister may declare, in writing, a person or body or a class of person or body to be an ***authorised Hub entity*** for the purposes of this Act. (2) The Minister must not declare that a person or body, or a class of person or body is an ***authorised Hub entity*** for the purposes of this Act unless the Minister is satisfied that the person or body— (a) provides Hub services; or (b) analyses, develops, monitors or oversees Hub services, or matters or things relating to Hub services. (3) A declaration under subsection (1) is not a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**. Division 2—Object of Part S. 144SD inserted by No. 11/2018 s. 41. 144SD Object of Part The object of this Part is to provide for the lawful collection, use and disclosure of confidential information by specified persons and bodies for the purposes of facilitating the provision of Hub services, in a way that gives precedence to safety and wellbeing over privacy. Division 3—Information sharing S. 144SE inserted by No. 11/2018 s. 41. 144SE Authorised Hub entity may collect, use and disclose confidential information for a purpose connected with provision of Hub services (1) An authorised Hub entity may do one or more of the following for a purpose relating to the provision, analysis, development, monitoring or oversight of one or more Hub services— (a) collect confidential information; (b) use confidential information; (c) disclose confidential information to another authorised Hub entity. (2) Subsection (1) has effect despite anything to the contrary in— (a) section 36(5) or 193 of the **Children Youth and Families Act 2005**; (b) a prescribed secrecy provision. (3) An authorised Hub entity may collect, use and disclose confidential information under subsection (1) without the consent of the person to whom the information relates. S. 144SF inserted by No. 11/2018 s. 41. 144SF Part does not affect handling of information permitted by other Acts This Part does not affect the collection, use or disclosure of confidential information by an authorised Hub entity that would otherwise be permitted by or under the **Privacy and Data Protection Act 2014**, the **Health Records Act 2001** or this Act or any other Act. S. 144SG inserted by No. 11/2018 s. 41. 144SG Access to confidential information under privacy laws restricted where risks to safety (1) An authorised Hub entity may refuse to give an individual access to that individual's confidential information under a relevant privacy law if the authorised Hub entity believes on reasonable grounds that— (a) giving the individual access to the information would increase a risk to the safety of a child or a group of children; or (b) the information is the confidential information of a person of concern or a person who is alleged to pose a risk of committing family violence, and giving the individual access to the information would increase the risk to a primary person's safety from family violence. ***relevant privacy law*** means— (a) the **Health Records Act 2001**; or (b) the **Privacy and Data Protection Act 2014**; or (c) the Privacy Act 1988 of the Commonwealth; or (d) the Privacy Act 1988 of the Commonwealth applied as a law of Victoria by another Act. Part 6—Jurisdiction of courts and proceedings Division 1—Jurisdiction of courts 145 Definitions ***Children's Court*** includes the Neighbourhood Justice Division of that Court; S. 145 def. of *Magistrates' Court* amended by No. 33/2018 ss 39(3), 47(c). ***Magistrates' Court*** includes the Specialist Family Violence Court Division and the Neighbourhood Justice Division of that Court.