Division Generally, an individual’s right to be i - Privacy Act 1988 - Part VI - Public Interest Determination No. 13A - Disclosure and collection of personal information to improve outcomes for children and young people at risk of serious harm - Generally, an individual’s right to be informed as to the handling of their personal information, especially information that is sensitive, and to have some measure of control over how their information is collected, used and disclosed is regulated by NPPs 1, 2 and 10. There is potential for harm to an individual’s interests if their sensitive information is handled without their consent or knowledge.

Generally, an individual’s right to be informed as to the handling of their personal information, especially information that is sensitive, and to have some measure of control over how their information is collected, used and disclosed is regulated by NPPs 1, 2 and 10. There is potential for harm to an individual’s interests if their sensitive information is handled without their consent or knowledge.

In making a disclosure under this determination the applicant must reasonably believe that disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of a child or young person up to the age of 18 years. The applicant will need to have reasonable grounds for its belief that the disclosure is necessary and that the threat is ‘serious’ according to the ordinary meaning of the word and in the context of any vulnerabilities of the individual concerned.

The removal of the imminence requirement will not impact on the need to assess whether a threat is likely to eventuate. Any analysis of whether a threat is ‘serious’ must involve consideration of the gravity of the potential outcome as well as the relative likelihood. The applicant will also need to have reasonable grounds for its belief that the proposed disclosure is essential to lessening or preventing the threat, and not merely helpful or convenient. Such considerations provide an important safeguard and will assist in ensuring that the potential for the proposed act or practice to harm the interests of individuals is minimised.

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