259AImproper use of information

259A Improper use of information (1) A member or former member of the Authority, the Building Appeals Board, the Building Practitioners Board, the Building Advisory Council, the Building Regulations Advisory Committee, the Plumbing Industry Commission or the Plumbing Advisory Council or a person employed or formerly employed for the purposes of this Act to assist any of these bodies must not make improper use of information acquired by virtue of the person's position to gain directly or indirectly a pecuniary advantage for the person or for any other person. S. 259A(2) inserted by No. 34/2013 s. 33(2). S. 259A(2) def. of *Building Practitioners Board* inserted by No. 15/2016 s. 18(15). ***Building Practitioners Board*** means the Building Practitioners Board established under Part 11 as in force immediately before the commencement of Division 2 of Part 3 of the **Building Legislation Amendment (Consumer Protection) Act 2016**; ***Plumbing Industry Commission*** means the Plumbing Industry Commission established under section 221ZZR as in force immediately before the commencement of the **Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013**. S. 259AB inserted by No. 21/2017 s. 55, amended by 31/2020 s. 58, substituted by No. 11/2023 s. 47. 259AB Information sharing arrangements (1) The Authority may enter into, or approve of, an arrangement (an ***information sharing arrangement***) with one or more relevant agencies for the purpose of— (a) the sharing or exchanging of information, between the Authority and a relevant agency that is a party to the arrangement, which— (i) has been acquired by the Authority in performing its functions or acquired by the relevant agency in performing its functions; or (ii) has been disclosed to the Authority or the relevant agency under that arrangement or another information sharing arrangement to assist in the performance of the Authority's functions or the relevant agency's functions; or (b) the sharing or exchanging of information, between any 2 or more relevant agencies that are parties to the arrangement, which— (i) has been acquired by any one of those relevant agencies in performing its functions; or (ii) has been disclosed to any one of those relevant agencies under that arrangement or another information sharing arrangement to assist in the performance of its functions. (2) Subject to subsection (3), under an information sharing arrangement, the Authority and a relevant agency are authorised by virtue of this section— (a) to request and receive information (including personal information) held by another party to the arrangement; and (b) to disclose information (including personal information) to another party to the arrangement. (3) The information that may be exchanged or shared under subsection (2)— (a) between the Authority and a relevant agency must be reasonably necessary to assist in the performance of the Authority's functions under this Act or the functions of the relevant agency; and (b) between a relevant agency and another relevant agency must be information that— (i) the receiving relevant agency could have requested from the Authority under paragraph (a); or (ii) is reasonably necessary to assist in the performance of the relevant agency's functions under this Act. (4) Without limiting subsections (2) and (3), the Authority may also (whether as part of an information sharing arrangement or otherwise)— (a) refer any matter (including any complaint) with respect to work carried out by a building practitioner or building employee, plumbing work or the provision of architectural services or engineering services to a building regulator or law enforcement agency; or (b) receive any matter of a type described in paragraph (a) from a building regulator or law enforcement agency; or (c) conduct a joint investigation into any matter of a type described in paragraph (a) with a building regulator or law enforcement agency. (5) Any building regulator or law enforcement agency referred to in subsection (4) is, despite any other Act or law of the State, authorised to refer a matter referred to in subsection (4) to the Authority or to conduct an investigation into the matter jointly with the Authority. (6) This section does not limit— (a) the powers of the Authority under this Act; or (b) the operation of any other Act under which a relevant agency is authorised or required to disclose information to another person or body; or (c) the giving of information— (i) to a court or tribunal in the course of legal proceedings; or (ii) pursuant to an order of a court or tribunal; or (iii) to the extent reasonably required to enable the investigation or the enforcement of a law of the State or of any other State or a Territory or of the Commonwealth; or (iv) with the written authority of the Minister; or (v) with the written authority of the person to whom the information relates. ***building regulator*** means a municipal council or an agency of the Commonwealth, Victoria or another State or a Territory or of another jurisdiction that carries out functions under an enactment in relation to building, plumbing, architectural services or engineering services that relate to any work that relates to building work; ***information*** includes a document or a copy of a document and data; ***law enforcement agency*** means— (a) Victoria Police within the meaning of the **Victoria Police Act 2013** or the police force of another State or a Territory or of an overseas jurisdiction; or (b) the Australian Federal Police within the meaning of the Australian Federal Police Act 1979 of the Commonwealth; or (c) the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or (d) any other authority or person responsible for the investigation or prosecution of offences against the laws of the State or of the Commonwealth or of another State or a Territory or an overseas jurisdiction; ***plumbing work*** has the same meaning as in section 221C; S. 259AB(7) def. of *relevant agency* amended by No. 11/2023 s. 26. ***relevant agency*** means any of the following— (a) a building regulator; (b) a law enforcement agency; (c) the Director of Consumer Affairs Victoria; (ca) the Building Monitor; (d) the chief dispute resolution officer; (e) the Architects Registration Board of Victoria; (f) the Victorian Managed Insurance Authority; (g) VCAT; (h) Cladding Safety Victoria; (i) the Victorian WorkCover Authority within the meaning of the **Workplace Injury Rehabilitation and Compensation Act 2013**; (j) the Business Licensing Authority; (k) the Commissioner of State Revenue referred to in section 62 of the **Taxation Administration Act 1997**; (l) a council; (m) a Department Head within the meaning of the **Public Administration Act 2004**; (n) any other agency of the State or of the Commonwealth or another State or a Territory or of an overseas jurisdiction; (o) any other person or body that exercises functions in the public interest that involve protecting the interests of users of services of building practitioners, building employees, plumbers, architects or endorsed building engineers; (p) any other prescribed person or body. S. 259B inserted by No. 34/2013 s. 7. 259B Authority may provide information to the Director of Consumer Affairs Victoria The Authority may provide the Director of Consumer Affairs Victoria with any information held by the Authority in relation to a domestic building dispute (within the meaning of the **Domestic Building Contracts Act 1995**) if the Authority considers that the information will assist in the resolution of the dispute. S. 259BA inserted by No. 21/2017 s. 92(1). 259BA Certificate evidence—decisions of Authority and predecessor bodies (1) A certificate purporting to be signed by the Registrar of the Authority and purporting to record a decision, resolution or determination of the Authority or a predecessor body is evidence of the making of the decision, resolution or determination recorded in the certificate. (2) In this section, ***predecessor body*** means any of the following— (a) the Building Practitioners Board established under Part 11 as in force immediately before the commencement of Division 2 of Part 3 of the **Building Legislation (Consumer Protection) Act 2016**; (b) the Building Commission established under Part 12 as in force before 1 July 2013; (c) the Director of Building Control within the meaning of the **Building Control Act 1981**; (d) the Plumbing Industry Commission established under section 221ZZR as in force immediately before 1 July 2013; (e) the Plumbing Industry Board established under Part 12A as in force immediately before 1 January 1999. S. 259BB inserted by No. 21/2017 s. 92(2). 259BB Certificate of Authority A certificate of the Authority specifying— (a) that a person is or is not registered on the Register of Building Practitioners; or (b) the category or class of registration of a person— is evidence and, in the absence of evidence to the contrary, proof of the matters stated in the certificate. S. 259C inserted by No. 34/2013 s. 7.