Domestic Violence Agencies (Information Sharing) Amendment Act 2024

This section applies if an information sharing entity proposes to deal with sensitive information about an at‑risk person who is—

a child; or

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.

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.

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.

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—

the entity reasonably believes that dealing with the information is necessary for the safety and protection of the child or young person; and

the entity—

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

is unable to locate or contact a person with parental responsibility despite taking reasonable steps; or

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.

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.

In this section: