Victorian Numbered Acts

FAMILY VIOLENCE PROTECTION AMENDMENT (INFORMATION SHARING) ACT 2017 (NO. 23 OF 2017) - SECT 20

After section 15 of the Privacy and Data Protection Act 2014 insert —

        " 15A     Exemption—information sharing under the Family Violence Protection Act 2008

    (1)     Nothing in IPP 1.4 or 1.5, or any applicable code of practice modifying the application of IPP 1.4 or 1.5 or prescribing how IPP 1.4 or 1.5 is to be applied or complied with, applies to the collection of personal information by an information sharing entity for the purposes of Part 5A of the Family Violence Protection Act 2008 about a person of concern, or a person who is alleged to pose a risk of committing family violence.

    (2)     Nothing in IPP 10.1, or any applicable code of practice modifying the application of IPP 10.1 or prescribing how IPP 10.1 is to be applied or complied with, applies to the collection of sensitive information by an information sharing entity for the purposes of Part 5A of the Family Violence Protection Act 2008 about a person of concern, or a person who is alleged to pose a risk of committing family violence.

    (3)     Nothing in IPP 10.1, or any applicable code of practice modifying the application of IPP 10.1 or prescribing how IPP 10.1 is to be applied or complied with, applies to the collection of sensitive information about a primary person or a linked person by an information sharing entity for—

        (a)     a family violence protection purpose relating to a primary person who is a child; or

        (b)     a family violence assessment purpose relating to a primary person who is a child.

    (4)     Nothing in IPP 1.4 or 1.5, or any applicable code of practice modifying the application of IPP 1.4 or 1.5 or prescribing how IPP 1.4 or 1.5 is to be applied or complied with, applies to the collection of personal information about an individual by the Central Information Point for the purposes of Part 5A of the Family Violence Protection Act 2008 .

    (5)     Nothing in IPP 6, or any applicable code of practice modifying the application of IPP 6 or prescribing how IPP 6 is to be applied or complied with, applies to personal information about an individual held by the Central Information Point for the purposes of Part 5A of the Family Violence Protection Act 2008 .

    (6)     Nothing in IPP 10.1, or any applicable code of practice modifying the application of IPP 10.1 or prescribing how IPP 10.1 is to be applied or complied with, applies to the collection of sensitive information about an individual by the Central Information Point for the purposes of Part 5A of the Family Violence Protection Act 2008 .

    (7)     In this section—

Central Information Point has the meaning given in section 144O of the  Family Violence Protection Act 2008 ;

family violence has the meaning given
in the Family Violence Protection Act 2008 ;

family violence assessment purpose has the meaning given in section 144A of the Family Violence Protection Act 2008 ;

family violence protection purpose has the meaning given in section 144A of the Family Violence Protection Act 2008 ;

information sharing entity has the meaning given in the Family Violence Protection Act 2008 ;

linked person has the meaning given in section 144A of the Family Violence Protection Act 2008 ;

person of concern has the meaning given in section 144B of the Family Violence Protection Act 2008 ;

primary person has the meaning given in section 144E of the Family Violence Protection Act 2008 .".