Domestic Violence Agencies (Information Sharing) Amendment Act 2024 (ACT)
Domestic Violence Agencies (Information Sharing) Amendment Act 2024
A2024-17
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 DictionarySection 2, note 1 2
5 New sections 3A and 3B 3
6 Sections 5 to 7 4
7 New part 3 4
8 Meaning of domestic or family violence incident—pt 3ASection 16C (3), definition of family member 29
9 Use and disclosure of protected informationSection 16U (5), definitions of disclose, information and use 29
10 Section 18 29
11 Dictionary, note 2 30
12 Dictionary, new definition of at-risk person 30
13 Dictionary, definition of child 30
14 Dictionary, new definitions 31
15 Dictionary, definition of DFVR coordinator 31
16 Dictionary, new definitions 31
17 Dictionary, definition of domestic or family violence incident 31
18 Dictionary, new definitions 32
19 Further amendments, mentions of domestic or family violence 33
20 Further amendments, mentions of family violence 33
Domestic Violence Agencies (Information Sharing) Amendment Act 2024
A2024-17
An Act to amend the Domestic Violence Agencies Act 1986
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Domestic Violence Agencies (Information Sharing) Amendment Act 2024.
Commencement
(1)This Act commences on a day fixed by the Minister by written notice.
Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
(2)If this Act has not commenced within 12 months beginning on its notification day, it automatically commences on the first day after that period.
(3)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
Legislation amended
This Act amends the Domestic Violence Agencies Act 1986.
Dictionary
Section 2, note 1substitute
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example the signpost definition ‘family member—see the Family Violence Act 2016, section 9.’ means that the term ‘family member’ is defined in that section of that Act and the definition applies to this Act.
New sections 3A and 3B
in part 1, insert
3AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
3BObjects of Act
The objects of this Act include—
(a)to prevent and reduce domestic and family violence; and
(b)to promote the safety, protection and wellbeing of people, including children or young people, who are, or are at risk of being, subjected to domestic and family violence; and
(c)to promote the accountability of perpetrators of domestic and family violence for their actions; and
(d)to promote the development of skills and expertise of government and community‑based organisations to understand, respond to and prevent domestic and family violence.
Sections 5 to 7
omit
domestic violence and family violence
substitute
domestic and family violence
New part 3
insert
Part 3Information sharing between certain entities
Division 3.1 Purpose and important concepts
Purpose—pt 3
The purposes of this part are to—
(a)facilitate the sharing of information among information sharing entities to establish, assess, manage, prevent and reduce risks of domestic and family violence; and
(b)promote and support coordination and collaboration between information sharing entities to establish, assess, manage, prevent and reduce risks of domestic and family violence.
Safety principle—pt 3
A person exercising a function under this part must prioritise the safety and protection of people experiencing, or at risk of, domestic and family violence as far as possible.
Definitions—pt 3
In this part:
at-risk person means—
(a)a person who an information sharing entity reasonably believes has been, is being, or is at risk of being, subjected to domestic and family violence; and
(b)includes a child or young person.
connected person means a person who has information, or about whom information is, relevant to a protection purpose, other than—
(a)an at‑risk person; or
(b)a person of concern.
Example
Anna is an at‑risk person, David is a person of concern for Anna, they have children at a school. An information sharing entity has concerns about Anna because she has not been seen recently. The entity asks the school if there has been any change to Anna’s routine in picking up the children from school. The children are picked up some days by Anna and some days by Aunty Jo. Aunty Jo is a connected person in this situation.
deal, with information, means collect, use or disclose the information.
entity protocol—see section 16AW (1).
information sharing coordinator means the entity declared to be the information sharing coordinator under section 16AF (1).
information sharing entity—see section 14 (1).
Ministerial protocol—see section 16AV (1).
person of concern means a person who an information sharing entity reasonably believes has engaged in, is engaging in, or is at risk of engaging in, domestic and family violence.
protection purpose—see section 15 (a).
restricted entity means an information sharing entity declared under section 14 (2) if protection purposes are stated in the declaration under section 14 (3).
risk assessment and management framework—see section 16AU (1).
Meaning of information sharing entity—pt 3
(1)In this part:
information sharing entity means the following:
(a)the information sharing coordinator;
(b)an ACT education provider within the meaning of the Children and Young People Act 2008, section 25 (3);
(c)the approved provider of an approved education and care service under the Education and Care Services National Law (ACT);
NoteThe Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).
(d)the chief police officer;
(e)the commissioner appointed under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10 (1);
(f)a commissioner under the Human Rights Commission Act 2005;
(g)the DFVR coordinator;
(h)the director‑general;
(i)any other director‑general of an administrative unit responsible for 1 or more of the following matters:
(i)children and young people;
(ii)community services;
(iii)corrective services;
(iv)disability services;
(v)education, including early childhood development;
(vi)emergency services;
(vii)family safety and support services;
(viii)health regulatory and public health intervention programs;
(ix)health services and facilities, including mental health;
(x)housing services, including homelessness services;
(xi)restorative justice;
(xii)youth justice;
(xiii)other services or facilities in relation to at‑risk people or people of concern;
(j)the licensed proprietor of a childcare service licensed under the Children and Young People Act 2008, section 747;
(k)the public trustee and guardian;
(l)the registrar of firearms;
(m)any other entity declared to be an information sharing entity under subsection (2).
(2)The Minister may declare an entity to be an information sharing entity.
(3)A declaration may state the protection purposes for which the information sharing entity may have information disclosed to it or use information under this part.
(4)A declaration is a disallowable instrument.
Division 3.2 Information sharing requirements
Information sharing for protection purpose
An information sharing entity must not deal with information under this part other than to the extent necessary for—
(a)any of the following purposes (a protection purpose):
(i)establishing or assessing whether an at‑risk person is being subjected to, or is likely to be subjected to, domestic and family violence;
(ii)establishing or assessing whether a person of concern is engaging in, or is likely to engage in, domestic and family violence;
(iii)taking action to prevent or reduce the risk of domestic and family violence occurring;
(iv)managing domestic and family violence or suspected domestic and family violence; or
(b)a purpose provided for under division 3.5.
Requirements for information sharing
(1)In dealing with information under this part, an information sharing entity must—
(a)comply with any requirement for consent under division 3.6 in relation to the information; and
(b)comply with any requirements for dealing with the information under each of the following:
(i)a risk assessment and management framework;
(ii)a Ministerial protocol;
(iii)an entity protocol; and
(c)disclose information to a restricted entity only for a protection purpose stated in the restricted entity’s declaration; and
(d)if the entity is a restricted entity—use information only for a protection purpose stated in the restricted entity’s declaration.
(2)In exercising a function under this part in relation to an at‑risk person, an information sharing entity must—
(a)take into account the person’s—
(i)cultural, sexual and gender identity; and
(ii)religious or spiritual beliefs (if known); and
(b)if the person identifies as Aboriginal or Torres Strait Islander—
(i)promote the person’s right to self‑determination and cultural sensitivities; and
(ii)consider the person’s family and community connections; and
(c)if the person is a child or young person—take into account the age, maturity and decision‑making ability of the child or young person.
Division 3.3 Information sharing for protection purposes
16AAMeaning of relevant ground—div 3.3
For this division, a relevant ground for not disclosing information exists if the disclosure—
(a)would contravene a requirement for information sharing under section 16; or
(b)could reasonably be expected to—
(i)endanger a person’s life or physical safety; or
(ii)prejudice an investigation; or
(iii)prejudice a coronial inquest or inquiry; or
(iv)enable the existence or identity of a confidential source of information for the enforcement or administration of a law in force in the ACT to be revealed; or
(v)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention, or possible contravention, of a law in force in the ACT; or
(vi)prejudice a proceeding in a court or tribunal; or
(vii)contravene an order of a court or tribunal; or
(viii)be contrary to the public interest.
NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against self‑incrimination and client legal privilege.
16ABInformation sharing entities may share information
(1)An information sharing entity may disclose information held by it to another information sharing entity if the disclosing entity reasonably believes—
(a)the information is relevant to the exercise of the functions of the other entity; and
(b)the disclosure is necessary for a protection purpose.
(2)However, the information sharing entity must not disclose information if the entity reasonably believes a relevant ground for not disclosing the information exists.
16ACInformation sharing entity must share information
(1)An information sharing entity may ask another information sharing entity to disclose information for a protection purpose.
(2)The information sharing entity must disclose the requested information if it reasonably believes—
(a)the information is relevant to the exercise of the functions of the other entity; and
(b)the disclosure is necessary for a protection purpose.
(3)However, the information sharing entity must not disclose information if the entity reasonably believes a relevant ground for not disclosing the information exists.
(4)An information sharing entity that does not disclose information under this section must tell the information sharing coordinator, in writing, the following:
(a)the name of the requesting information sharing entity;
(b)the nature of the information requested;
(c)the relevant ground for not disclosing the information.
16ADInformation sharing coordinator may require sharing of information
(1)This section applies if an information sharing entity (other than the information sharing coordinator) has not disclosed information requested under section 16AC (1).
(2)The information sharing coordinator may, by written notice, require the information sharing entity to disclose the information if the coordinator reasonably believes that—
(a)the information is relevant to the exercise of the functions of the information sharing entity that requested the information; and
(b)the disclosure is necessary for a protection purpose.
(3)However, the information sharing coordinator must not require the information sharing entity to disclose the information if the coordinator is satisfied that a relevant ground for not disclosing the information exists.
(4)The information sharing entity must comply with the notice.
16AEInformation sharing entity may share information with at‑risk person
(1)An information sharing entity may disclose information about a person of concern held by it to an at‑risk person if the entity reasonably believes the disclosure is necessary for a protection purpose.
(2)However, the information sharing entity must not disclose any information if the entity reasonably believes that a relevant ground for not disclosing the information exists.
Division 3.4 Information sharing coordinator
16AFInformation sharing coordinator
(1)The Minister may declare an entity to be the information sharing coordinator if satisfied that the entity has suitable expertise and experience to exercise the functions of the information sharing coordinator.
(2)A declaration is a disallowable instrument.
16AGFunctions of information sharing coordinator
The functions of the information sharing coordinator are to—
(a)facilitate the sharing of information among information sharing entities under this part; and
(b)identify and take appropriate action for a protection purpose; and
(c)any other function given to the coordinator under this part.
16AHUse of information by information sharing coordinator
(1)The information sharing coordinator may consider any information disclosed to it under this part and take action in relation to the information that the coordinator reasonably considers appropriate for a protection purpose, taking into account the following:
(a)the safety and protection of the at‑risk person;
(b)the at‑risk person’s views about the proposed action, where safe, reasonable and practicable to seek their views;
(c)the seriousness of the circumstances;
(d)anything else prescribed by regulation.
NoteThe information sharing coordinator must also take into account the matters mentioned in s 16 (2).
(2)Without limiting subsection (1), the actions the information sharing coordinator may take include the following:
(a)seeking information from an information sharing entity to decide the most appropriate action to take;
(b)giving advice to an information sharing entity about appropriate action to take;
(c)coordinating information sharing entities in taking action;
Example
holding a service coordination meeting with information sharing entities
(d)providing assistance to the at‑risk person and, if appropriate, their family members, for example, by giving advice or providing or arranging support services;
(e)referring the at‑risk person and, if appropriate, their family members to a government or non‑government entity for advice or support services.
Division 3.5 Disclosure and use of information other than for protection purpose
16AIDisclosure and use of information other than for protection purpose
(1)An information sharing entity must not disclose or use information disclosed to it under this part other than—
(a)with the consent of the at‑risk person or connected person; or
(b)to the extent required or allowed under a territory law to lessen or prevent a serious and urgent threat to the life, health or safety of an individual, or to public health or safety; or
(c)to comply with—
(i)a mandatory reporting requirement under the Children and Young People Act 2008, section 356; or
(ii)a reportable conduct requirement under the Ombudsman Act 1989, division 2.2A; or
(d)to the extent required or allowed under a territory law prescribed by regulation.
(2)The information sharing entity (other than the information sharing coordinator) must tell the information sharing coordinator and the information sharing entity that disclosed the information, in writing, about the disclosure or use.
Note 1Reportable conduct information may be given to certain entities under the Children and Young People Act 2008, div 25.3.3 despite any territory law to the contrary (see that Act, s 863F).
Note 2Other laws may restrict dealing with information under this part. For example, for restrictions on sharing information about who makes a report, see the Children and Young People Act 2008, s 857.
Division 3.6 Consent to dealing with sensitive information
16AJApplication—div 3.6
This division applies in relation to any proposed dealing with sensitive information about a person under this part.
NoteOther requirements for information sharing are set out in s 16.
16AKMeaning of sensitive information—div 3.6
In this division:
sensitive information means information or an opinion about an identified individual, or an individual who is reasonably identifiable—
(a)whether the information or opinion is true or not; and
(b)whether the information or opinion is recorded in a material form or not.
16ALConsent—at-risk adults
(1)An information sharing entity must not deal with sensitive information about an at‑risk person who is an adult without the person’s consent.
(2)In seeking consent, the information sharing entity must, as far as practicable, provide the at‑risk person with access to all reasonable support necessary for the at‑risk person to make and communicate their decision about giving consent.
Examples
1 offering the person an opportunity to contact a support person
2 offering additional time to make the decision
(3)However, the information sharing entity may deal with the sensitive information without the at‑risk person’s consent if—
(a)the entity reasonably believes that dealing with the information is necessary for the safety and protection of the at‑risk person; and
(b)the entity—
(i)reasonably believes that seeking the at‑risk person’s consent may cause a risk to the life, health or safety of the at‑risk person or a connected person; or
(ii)is unable to locate or contact the at‑risk person despite taking reasonable steps; or
(iii)reasonably believes that failing to deal with the information may cause a serious risk to the life, health or safety of the at‑risk person or a connected person.
16AMConsent—at-risk young people generally
(1)This section applies if an information sharing entity proposes to deal with sensitive information about an at‑risk person who is a young person, other than a young person mentioned in section 16AN (1) (b).
(2)The information sharing entity must not deal with sensitive information about the young person without the person’s consent.
(3)In seeking consent, the information sharing entity must, as far as practicable, provide the young person with access to all reasonable support necessary for the young person to make and communicate their decision about giving consent.
(4)However, the information sharing entity may deal with the sensitive information without the young person’s consent if—
(a)the entity reasonably believes that dealing with the information is necessary for the safety and protection of the young person; and
(b)the entity—
(i)reasonably believes that seeking the young person’s consent may cause a risk to the life, health or safety of the young person or a connected person; or
(ii)is unable to locate or contact the young person despite taking reasonable steps; or
(iii)reasonably believes that failing to deal with the information may cause a serious risk to the life, health or safety of the young person or a connected person.
16ANConsent—at-risk children and certain young people
(1)This section applies if an information sharing entity proposes to deal with sensitive information about an at‑risk person who is—
(a)a child; or
(b)a young person who the entity reasonably believes does not have sufficient decision‑making ability to give consent under section 16AM, taking into account the young person’s age and maturity.
(2)The information sharing entity must not deal with sensitive information about the child or young person without the consent of a person with parental responsibility for the child or young person.
(3)In seeking consent, the information sharing entity must, as far as practicable, provide a person with parental responsibility for the child or young person with access to all reasonable support necessary for the person with parental responsibility to make and communicate their decision about giving consent.
(4)However, the information sharing entity may deal with the sensitive information without the consent of a person with parental responsibility for the child or young person if—
(a)the entity reasonably believes that dealing with the information is necessary for the safety and protection of the child or young person; and
(b)the entity—
(i)reasonably believes that seeking the consent of a person with parental responsibility may cause a risk to the life, health or safety of the child or young person, or a connected person; or
(ii)is unable to locate or contact a person with parental responsibility despite taking reasonable steps; or
(iii)reasonably believes that failing to deal with the information may cause a serious risk to the life, health or safety of the child or young person, or a connected person.
(5)Despite anything else in this section, the information sharing entity must not contact or seek the consent of a person of concern in relation to the child or young person.
(6)In this section:
person with parental responsibility, for a child or young person, means a person with parental responsibility for the child or young person under the Children and Young People Act 2008, division 1.3.2.
16AOConsent—connected people
(1)An information sharing entity must not deal with sensitive information about a connected person without the person’s consent.
(2)In seeking consent, the information sharing entity must, as far as practicable, provide the connected person with access to all reasonable support necessary for the connected person to make and communicate their decision about giving consent.
(3)However, the information sharing entity may deal with the sensitive information without the connected person’s consent if—
(a)the entity reasonably believes that dealing with the information is necessary for the safety and protection of an at‑risk person; and
(b)the entity—
(i)reasonably believes that seeking the connected person’s consent may cause a risk to the life, health or safety of the connected person or an at‑risk person; or
(ii)is unable to locate or contact the connected person despite taking reasonable steps; or
(iii)reasonably believes that failing to deal with the information may cause a serious risk to the life, health or safety of the connected person or an at‑risk person.
16APNo consent of person of concern
(1)An information sharing entity must not seek the consent of a person of concern to deal with sensitive information about the person.
(2)Not having the person of concern’s consent does not limit the information sharing entity’s ability to deal with the sensitive information.
Division 3.7 Informing people about disclosure and use of information
16AQCertain people to be told about disclosure for protection purpose
(1)This section applies if an information sharing entity discloses information in relation to an at‑risk person or connected person for a protection purpose under this part.
(2)The information sharing entity must tell the at‑risk person or connected person about the disclosure, including—
(a)the name of the information sharing entity to which the information was disclosed; and
(b)when the information was disclosed; and
(c)the nature of the information disclosed; and
(d)any outcomes of the disclosure.
(3)However, the information sharing entity need not tell the at‑risk person or connected person about the disclosure if—
(a)the person has indicated, in writing, that they do not wish to be told; or
(b)another entity has already told the person; or
(c)it is not practicable in the circumstances to tell the person; or
(d)the entity reasonably believes that telling the person may cause a risk to the life, health or safety of the at‑risk person or connected person.
16ARCertain people to be told about action for protection purpose
(1)This section applies if—
(a)an information sharing entity proposes to take action for a protection purpose as a result of information dealt with under this part; and
(b)the information sharing entity reasonably believes that the proposed action may cause a risk to the life, health or safety of an at‑risk person or connected person.
Example—par (a)
the chief police officer proposes to increase the monitoring of a person of concern
(2)The information sharing entity must tell the at‑risk person or connected person about the proposed action and the risk.
(3)However, the information sharing entity need not tell the at‑risk person or connected person about the proposed action and the risk if—
(a)another entity has already told the person; or
(b)it is not practicable in the circumstances to tell the person; or
(c)the entity reasonably believes that telling the person may cause a risk to the life, health or safety of the at‑risk person or connected person.
16ASCertain people to be told about disclosure and use other than for protection purpose
(1)This section applies if an information sharing entity discloses or uses information in relation to an at‑risk person or connected person for a purpose other than a protection purpose under section 16AI.
(2)The information sharing entity must tell the at‑risk person or connected person about the disclosure or use, including—
(a)the name of the information sharing entity to which the information was disclosed or which used the information; and
(b)when the information was disclosed or used; and
(c)the nature of the information disclosed or used; and
(d)any outcomes of the disclosure or use.
NoteOther laws may restrict dealing with information under this part. For example, for restrictions on sharing information about who makes a report, see the Children and Young People Act 2008, s 857.
(3)However, the information sharing entity need not tell the at‑risk person or connected person about the disclosure or use if—
(a)the person has consented to the disclosure or use; or
(b)the person has indicated, in writing, that they do not wish to be told; or
(c)another entity has already told the person; or
(d)it is not practicable in the circumstances to tell the person; or
(e)the entity reasonably believes that telling the person may cause a risk to the life, health or safety of the at‑risk person or connected person.
16ATTelling person of concern not required
An information sharing entity must not tell a person of concern that information has been dealt with under this part.
Division 3.8 Miscellaneous
16AURisk assessment and management framework
(1)The Minister must declare a framework (a risk assessment and management framework) about dealing with information by an information sharing entity under this part.
(2)A declaration is a notifiable instrument.
16AVInformation sharing protocols—Minister
(1)The Minister must make protocols in relation to the operation of this part (a Ministerial protocol).
(2)Without limiting subsection (1), a Ministerial protocol may—
(a)state requirements for dealing with information under this part, including in relation to the following:
(i)seeking the consent of a person;
(ii)dealing with information without consent;
(iii)how information sharing entities are to engage with each other and the information sharing coordinator;
(iv)identifying whether a protection purpose exists;
(v)timeframes for disclosing information or telling at‑risk people about information dealt with under this part;
(vi)complying with privileges against self‑incrimination and exposure to civil penalty, and use and derivative use immunities;
(vii)operating requirements for information sharing entities; and
Examples—subpar (vii)
1who may give or receive information on behalf of an entity
2processes to support clients who have intersecting vulnerabilities
(b)state requirements for storing and managing information dealt with under this part, including disposal requirements if the information is no longer necessary for a protection purpose; and
(c)include information to provide guidance on complying with requirements for—
(i)dealing with information under this part; and
(ii)storing and managing information dealt with under this part.
(3)A Ministerial protocol is a notifiable instrument.
(4)In this section:
disposal, of information dealt with under this part, includes the deletion or destruction of the information from a record keeping system.
16AWInformation sharing protocols—entities
(1)An information sharing entity may make protocols about dealing with information by the entity under this part (an entity protocol).
(2)An entity protocol must not be inconsistent with—
(a)a risk assessment and management framework; or
(b)a Ministerial protocol.
(3)An entity protocol must be—
(a)available for inspection by anyone, without charge, during ordinary office hours at the office of the information sharing entity; or
(b)published on a website controlled by the information sharing entity.
16AXDisclosure and use of shared information
(1)An information holder commits an offence if—
(a)the information holder does something that discloses information; and
(b)the information is shared information about someone else (the protected person); and
(c)the information holder is reckless about whether—
(i)the information is shared information about the protected person; and
(ii)doing the thing would result in the information being disclosed to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)An information holder commits an offence if—
(a)the information holder uses information; and
(b)the information is shared information about a protected person; and
(c)the entity is reckless about whether the information is shared information about the protected person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both
(3)Subsections (1) and (2) do not apply if the information holder—
(a)discloses or uses the shared information—
(i)in relation to the exercise of a function, as an information holder, under this part; or
(ii)as required in relation to a court proceeding; or
(iii)with the protected person’s consent; or
(b)discloses the shared information to the chief police officer in connection with a possible domestic and family violence offence.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)An information holder need not disclose shared information to a court, or produce a document containing shared information to a court, unless it is necessary to do so for this Act or another law applying in the ACT.
(5)In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
information holder means anyone who exercises, or has exercised, a function under this part.
produce includes allow access to.
shared information means information about a person that is disclosed to, or obtained by, an information holder because of the exercise of a function under this part by the information holder or someone else.
16AYContinuation of use and derivative use immunities
To remove any doubt, nothing in this part affects a use or derivative use immunity that applies to information obtained, directly or indirectly, because of the operation of a law applying in the ACT.
Examples
· Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, s 33 (2)
· Human Rights Commission Act 2005, s 75 (4)
· Integrity Commission Act 2018, s 176
16AZRelationship with Freedom of Information Act 2016
The Freedom of Information Act 2016 does not apply to information to the extent that the information is held by an information sharing entity only because the information was disclosed to the entity under this part.
16AZAProtection from liability—public employees
(1)A public employee is not civilly liable for conduct engaged in honestly and without recklessness—
(a)in the exercise of a function under this part; or
(b)in the reasonable belief that the conduct was in the exercise of a function under this part.
(2)Any civil liability that would, apart from this section, attach to the public employee attaches instead to the Territory.
(3)In this section:
conduct means an act or omission to do an act.
16AZBProtection from liability—generally
(1)Civil or criminal liability is not incurred only because a person deals with information as permitted under this part, honestly and without recklessness.
(2)Also, dealing with information honestly and without recklessness under this part is not a breach of—
(a)confidence; or
(b)professional etiquette or ethics; or
(c)a rule of professional conduct.
16AZCReview of part
(1)The Minister must arrange for an independent entity to review the operation of this part as soon as practicable after the end of its 2nd year of operation.
(2)The Minister must present a report of the review to the Legislative Assembly within 12 months after the day the review is started.
(3)This section expires 4 years after the day it commences.
Meaning of domestic or family violence incident—pt 3A
Section 16C (3), definition of family memberomit
Use and disclosure of protected information
Section 16U (5), definitions of disclose, information and useomit
Section 18
substitute
Disclosure of information to an approved crisis support organisation
(1)This section applies if a police officer or a staff member of the Australian Federal Police suspects on reasonable grounds that a family violence offence has been, is being or is likely to be committed in relation to a person.
(2)The police officer or staff member may disclose to an approved crisis support organisation any information that is likely to aid the organisation in rendering assistance to the person or to any child of the person.
(3)In this section:
child, of a person, includes—
(a)a child or young person who normally lives with the person; and
(b)a child or young person for whom the person is a person with parental responsibility.
person with parental responsibility, for a child or young person, means a person with parental responsibility for the child or young person under the Children and Young People Act 2008, division 1.3.2.
Dictionary, note 2
insert
· adult
· public employee
· public trustee and guardian
· registrar of firearms
· working day
Dictionary, new definition of at-risk person
insert
at-risk person, for part 3 (Information sharing between certain entities)—see section 13.
Dictionary, definition of child
substitute
child means a person who is under 14 years old.
Dictionary, new definitions
insert
connected person, for part 3 (Information sharing between certain entities)—see section 13.
deal, with information, for part 3 (Information sharing between certain entities)—see section 13.
Dictionary, definition of DFVR coordinator
substitute
DFVR coordinator—see section 16D (1).
Dictionary, new definitions
insert
disclose includes—
(a)communicate; or
(b)publish.
domestic and family violence—see the Family Violence Act 2016, section 8, definition of family violence.
domestic and family violence incident, for part 3A (Domestic and family violence incident review)—see section 16C.
Dictionary, definition of domestic or family violence incident
omit
Dictionary, new definitions
insert
entity protocol, for part 3 (Information sharing between certain entities)—see section 16AW (1).
family member—see the Family Violence Act 2016, section 9.
information means information, whether true or not, in any form and includes an opinion and advice.
information sharing coordinator, for part 3 (Information sharing between certain entities)—see section 13.
information sharing entity, for part 3 (Information sharing between certain entities)—see section 14 (1).
Ministerial protocol, for part 3 (Information sharing between certain entities)—see section 16AV (1).
person of concern, for part 3 (Information sharing between certain entities)—see section 13.
protection purpose, for part 3 (Information sharing between certain entities)—see section 15 (a).
relevant ground, for division 3.3 (Information sharing for protection purposes)—see section 16AA.
restricted entity, for part 3 (Information sharing between certain entities)—see section 13.
risk assessment and management framework, for part 3 (Information sharing between certain entities)—see section 16AU (1).
sensitive information, for division 3.6 (Consent to dealing with sensitive information)—see section 16AK.
use, in relation to information, includes make a record of the information.
young person means a person who is 14 years old or older, but not yet an adult.
Further amendments, mentions of domestic or family violence
omit
domestic or family violence
substitute
domestic and family violence
in
· section 16B, definition of register
· section 16C
· sections 16K and 16L
· sections 16O and 16P
· section 16R
· section 16V
Further amendments, mentions of family violence
omit
family violence
substitute
domestic and family violence
in
· long title
· section 16A (a) to (c)
· section 16C (1) and (2)
· section 16E (c) to (f)
· section 16L
· section 16V
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 30 November 2023.
Notification
Notified under the Legislation Act on 24 May 2024.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Domestic Violence Agencies (Information Sharing) Amendment Bill 2024, which originated in the Legislative Assembly as the Domestic Violence Agencies (Information Sharing) Amendment Bill 2023 and was passed by the Assembly on 14 May 2024.
Clerk of the Legislative Assembly
© Australian Capital Territory 2024
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