Victorian Numbered Acts Victorian Numbered ActsAfter Part 8.8 of the Principal Act insert —
In this Part—
"authorised representative", in relation to an individual, means a person who is—
(a) a guardian of the individual; or
(b) an attorney for the individual under an enduring power of attorney; or
(c) an agent for the individual within the meaning of the Medical Treatment Act 1988 ; or
(d) an administrator or a person responsible within the meaning of the Guardianship and Administration Act 1986 ; or
(e) a parent of an individual, if the individual is a child; or
(f) otherwise empowered under law to perform any functions or duties or exercise powers as an agent of or in the best interests of the individual—
except to the extent that acting as an authorised representative of the individual is inconsistent with an order made by a court or tribunal;
"consent "means express consent or implied consent;
"individual "includes a deceased individual;
"information protection agreement" means an agreement between a person or body and the Safety Director in relation to relevant information that complies with section 298E(2);
"law enforcement agency "means—
(a) Victoria Police or the police force or police service of the Commonwealth or of any other State or Territory; or
(b) any other body or person responsible for the performance of functions or activities directed to—
(i) the prevention, detection, investigation, prosecution or punishment of offences against the laws of Victoria, the Commonwealth or any other State or Territory; or
(ii) the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction) issued under a law of Victoria, the Commonwealth or any other State or Territory; or
(iii) the enforcement of the orders of a court;
(c) a body or person authorised by a law of Victoria, the Commonwealth or any other State or Territory to enforce a warrant;
"relevant information "means information that, under section 298B, is information to which this Part applies;
"relevant person" means a person who is or has been a delegate of or employed by or engaged to provide services for—
(a) the Safety Director; or
(b) any other person or body engaged to provide services for the Safety Director.
(1) This Part applies to information—
(a) that is collected or received by the Safety Director in relation to the performance or exercise of the Safety Director's functions or powers within this Act; and
(b) that identifies an individual or from which an individual's identity can be reasonably ascertained.
(2) For the purposes of subsection (1), the facial image of an individual is information that identifies the individual or from which the individual's identity can be reasonably ascertained.
(1) Subject to section 298E, the Safety Director or a relevant person may disclose or use relevant information—
(a) in connection with the administration of this Act or the regulations; or
(b) to provide information of community interest or benefit; or
(c) for the purpose of research, or the compilation or analysis of statistics, conducted in the public interest, other than for publication in a form that identifies an individual or from which an individual's identity can be reasonably ascertained; or
(d) for the purpose of monitoring compliance with a relevant marine safety law or enforcing the requirements of this Act or the regulations; or
(e) if the disclosure or use is to the National Regulator within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law or any delegate of the National Regulator, for a purpose relating to the administration or enforcement of that law or marine safety; or
(f) for the purpose of any legal proceedings arising out of this Act or the regulations or for the purpose of any report of such a proceeding; or
(g) at the direction of the Minister; or
(h) in circumstances in which the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious or imminent threat to the life or health of one or more persons; or
(i) with the consent of—
(i) the individual to whom the information relates; or
(ii) the authorised representative of that individual; or
(j) to a not-for-profit organisation to assist the organisation—
(i) to locate a missing person; or
(ii) to facilitate the reunion of members of a family or friends—
for non-commercial, humanitarian purposes; or
(k) for the purposes of one or more of the following functions and activities when undertaken by or on behalf of a law enforcement agency—
(i) the prevention, detection, investigation, prosecution or punishment of offences of any kind;
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
(iii) the preparation for, or conduct of, proceedings before any court or enforcement of the orders of a court;
(iv) the protection of public revenue;
(v) the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction); or
(l) if the disclosure or use is required or authorised by law.
(2) In addition, but subject to section 298E, the Roads Corporation may use or disclose information referred to in subsection (1)(a) in the course of using or disclosing relevant information, within the meaning of section 90I of the Road Safety Act 1986 , in accordance with Part 7B of that Act.
(1) This section applies if the Minister is satisfied that—
(a) exceptional circumstances exist or have occurred, whether in or outside Victoria; and
(b) it is appropriate to use or disclose relevant information in accordance with this section during or in the aftermath of those exceptional circumstances.
(2) On being notified that the Minister is satisfied of the matters referred to in subsection (1), the Safety Director must publish a notice on the Safety Director's Internet site stating that—
(a) the Minister is satisfied as to the matters referred to in subsection (1); and
(b) accordingly, the Safety Director or a relevant person may use or disclose relevant information for the purpose of dealing with the exceptional circumstances.
(3) While a notice under subsection (2) remains published on the Safety Director's Internet site, but not later than 12 months after the date on which the notice is first published, the Safety Director or a relevant person may use or disclose relevant information if—
(a) the Safety Director or the relevant person reasonably believes that the individual to whom the relevant information relates may be or may have been involved in, or affected by, the exceptional circumstances; and
(b) the use or disclosure is for a permitted purpose in relation to the exceptional circumstances; and
(c) the disclosure is to an agency or organisation that—
(i) is, or is likely to be, involved in managing, or assisting in the management of, the exceptional circumstances; or
(ii) is directly involved in providing government services, medical or other treatment, health services or financial or other humanitarian assistance to individuals involved in the exceptional circumstances; and
(d) the disclosure is not to a media organisation.
(4) For the purposes of this section—
exceptional circumstances are circumstances which—
(a) endanger, or threaten to endanger, the life, health or safety of any individual; or
(b) destroy or damage, or threaten to destroy or damage, any property, the environment or part of the environment;
Examples
Events such as natural disasters, fires, explosions, accidents, unlawful acts (whether actual or threatened) and disruptions to essential services may constitute exceptional circumstances.
"permitted purpose" means a purpose that directly relates to the State's response to the exceptional circumstances in respect of which the notice under subsection (2) has been published, including any of the following purposes—
(a) identifying individuals who—
(i) are, or may be, injured, missing or dead as a result of the exceptional circumstances; or
(ii) are, or may be, otherwise involved in the exceptional circumstances;
(b) assisting individuals involved in the exceptional circumstances to obtain services such as government services, medical or other treatment, health services or financial or other humanitarian assistance;
(c) assisting with law enforcement in relation to the exceptional circumstances;
(d) coordination or management of the exceptional circumstances.
(1) The Safety Director or a relevant person must not disclose relevant information to a person or body under section 298C(1)(c), (j) or (k), unless the person or body has first entered into an information protection agreement with the Safety Director.
(2) An information protection agreement must—
(a) specify—
(i) the purpose for which the information is proposed to be disclosed to the person or body; and
(ii) the provision of this Act under which the Safety Director is authorised to disclose the information; and
(iii) the means by which the information will be provided by the Safety Director; and
(iv) the means by which the information will be protected by the person or body; and
(v) how compliance with the terms of the agreement will be monitored and enforced by each party to the agreement; and
(vi) the auditing arrangements; and
(vii) the procedures for managing any breach of privacy; and
(b) include an undertaking by the person or body that the information will be used or disclosed only for the purpose specified in the agreement.
(3) An information protection agreement may include any other requirements, qualifications or conditions specified by the Safety Director.
(4) Subsection (2) does not apply if—
(a) an information protection agreement is currently in force between the Safety Director and the delegator, employer, contractor or principal of the person or body who has requested the relevant information; and
(b) in making the request for the relevant information, the person or body is acting within the scope of their actual or apparent authority under the delegation, employment, contractual relationship or agency.
(5) If a person or body requests relevant information other than for a purpose specified in subsection (2), the Safety Director or a relevant person may require the person or body to first enter into an information protection agreement with the Safety Director.
(6) A person or body is not required to enter into an information protection agreement with the Safety Director in relation to the use or disclosure of relevant information if—
(a) the person or body is a relevant person; and
(b) the relevant information is disclosed to the person or body in their capacity as a relevant person.
Nothing in this Part requires the Safety Director or a relevant person to disclose relevant information.
Note
The Safety Director or a relevant person is entitled not to disclose relevant information in the absence of a legal obligation to disclose it.
(1) A document which contains relevant information is an exempt document within the meaning of section 38 of the Freedom of Information Act 1982 .
(2) Subsection (1) does not limit the operation of section 38 of the Freedom of Information Act 1982 .
Unless authorised under this Part, the Safety Director or a relevant person must not—
(a) disclose relevant information; or
(b) use the person's knowledge of relevant information.
Penalty: 120 penalty units.".