Victorian Numbered Acts

DISABILITY AMENDMENT ACT 2017 (NO. 33 OF 2017) - SECT 10

    (1)     For the heading to section 39 of the Principal Act substitute —

" Information systems and disclosure, use and transfer of information ".

    (2)     In section 39(4) of the Principal Act—

        (a)     in paragraph (l), for "be made." substitute "be made;";

        (b)     after paragraph (l) insert —

    "(m)     to the NDIA and to any prescribed person or body, and to any person or body of a prescribed class of person or body, for the purposes of the National Disability Insurance Scheme, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth;

        (n)     to the Commonwealth Minister administering the Aged Care Act 1997 of the Commonwealth for the purposes of providing, arranging or funding services to a person with a disability who is or was receiving disability services or regulated disability services.".

    (3)     After section 39(5) of the Principal Act insert —

    "(6)     For any purpose for or with respect to the NDIS or the implementation of the NDIS, any person or body is authorised to use or transfer the information described below and to disclose the information described below to the NDIA, or to any prescribed person or body, or to any person or body of a prescribed class of person or body—

        (a)     information about disability services or regulated disability services or any other prescribed services; and

        (b)     information about the provision of disability services or regulated disability services to persons, including information about the services any person requires, any carer of a person and any support structure of a person; and

        (c)     information about any staff engaged in the provision of disability services or regulated disability services.

    (7)     A person or body to whom information is disclosed under subsection (6) is authorised to use or transfer that information for any purpose for or with respect to the NDIS or the implementation of the NDIS.

    (8)     A person or body to whom information is disclosed under subsection (6) must not use or transfer that information unless—

        (a)     the person or body does so for the purpose for which the information has been disclosed to the person or body; or

        (b)     if the person or body is authorised by or under an Act or other law to do so.

Penalty:     20 penalty units.

    (9)     Subsections (6), (7) and (8) have effect despite any other Act or law, other than the  Charter of Human Rights and Responsibilities Act 2006 .

    (10)     In this section—

"NDIS" means the National Disability Insurance Scheme within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth.".