191Principles

191 Principles

(1) A relevant agency, when carrying out a function or exercising a power under this Act, must—

S. 191(1)(a) amended by No. 58/2025 s. 134(a).

(a) give precedence to the wellbeing and safety of service users or a class of service users or a child over the right to privacy; and

S. 191(1)(b) amended by No. 58/2025 s. 134(b).

(b) only collect, use or disclose a person's confidential information to the extent that the collection, use or disclosure of the information is necessary to promote the wellbeing or safety of a service user, a child or a class of service users; and

(c) work collaboratively in a manner that respects the functions and expertise of each relevant agency; and

(d) seek and take into account the views of a service user and the service user's relevant family members, if it is appropriate, safe and reasonable to do so; and

(e) 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

(f) have regard to, and be respectful of, a person's cultural, sexual and gender identity and religious faith.

(2) 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.

(3) A failure by a relevant agency to consider the principles in this section, or to consider the principles in this section a particular way, does not of itself—

(a) affect the validity of the relevant agency's collection, use or disclosure of information under this Part; or

(b) make the relevant agency liable to any offence under this Part.

Division 2—Information sharing