Victorian Numbered Acts

BUILDING AMENDMENT (ENFORCEMENT AND OTHER MEASURES) ACT 2017 (NO. 21 OF 2017) - SECT 55

After section 259A of the Building Act 1993 insert —

        " 259AB         Information sharing

    (1)     The Authority may enter into, or approve of, an arrangement (an information sharing arrangement ) with a relevant agency for the purpose of sharing or exchanging information held by the Authority and the relevant agency.

    (2)     The information to which an information sharing arrangement may relate is limited to the following—

        (a)     information concerning investigations, law enforcement, assessment of complaints, registration or disciplinary matters;

        (b)     probity assessments and reference checks concerning persons who carry out or propose to carry out building work or plumbing work;

        (c)     any other information affecting the users of the services of building practitioners or plumbers;

        (d)     any other information of a prescribed kind.

    (3)     Under an information sharing arrangement, the Authority and the relevant agency are authorised—

        (a)     to request and receive information held by the other party to the arrangement; and

        (b)     to disclose information to the other party—

but only to the extent that the information is reasonably necessary to assist in the exercise of functions under this Act or the functions of the relevant agency concerned.

    (4)     Without limiting subsection (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 building work, plumbing work or architectural 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 such matter 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 Territory or of the Commonwealth; or

              (iv)     with the written authority of the Secretary; or

              (v)     with the written authority of the person to whom the information relates.

    (7)     In this section—

"building regulator" means a municipal council or an agency of the Commonwealth or of a State or Territory or of another jurisdiction that carries out functions under an enactment in relation to building, plumbing or architecture;

"law enforcement agency" means—

        (a)     the police force of Victoria or the police force of another State or Territory or of an overseas jurisdiction; or

        (b)     the Australian Federal Police; or

        (c)     the Australian Crime Commission; 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, another State or Territory or an overseas jurisdiction;

"plumbing work" has the same meaning as in section 221C;

"relevant agency" means—

        (a)     a building regulator; or

        (b)     a law enforcement agency; or

        (c)     the Secretary; or

        (d)     the Director of Consumer Affairs Victoria; or

        (e)     the Victorian WorkCover Authority; or

        (f)             the Architects Registration Board of Victoria established under Part 6 of the Architects Act 1991 ; or

        (g)     the Victorian Managed Insurance Authority; or

        (h)     an agency of the Commonwealth; or

              (i)     a council; or

        (j)     the Commissioner of State Revenue referred to in section 62 of the Taxation Administration Act 1997 ; or

        (k)     any other agency of the State or of the Commonwealth, another State or a Territory or an overseas jurisdiction; or

        (l)     any other person or body that exercises functions in the public interest that involve protecting the interests of users of services of building practitioners, plumbers or architects.".