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ACTAct
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s 16AO

Consent—connected people

In force
Part 3Information sharing between certain entities
Division 3.6Consent to dealing with sensitive information

16AO Consent—connected people

(1)

An information sharing entity must not deal with sensitive information about a connected person without the person’s consent.

(2)

In seeking consent, the information sharing entity must, as far as practicable, provide the connected person with access to all reasonable support necessary for the connected person to make and communicate their decision about giving consent.

(3)

However, the information sharing entity may deal with the sensitive information without the connected person’s consent if—

(a)

the entity reasonably believes that dealing with the information is necessary for the safety and protection of an at‑risk person; and

(b)

the entity—

(i)

reasonably believes that seeking the connected person’s consent may cause a risk to the life, health or safety of the connected person or an at‑risk person; or

(ii)

is unable to locate or contact the connected person despite taking reasonable steps; or

(iii)

reasonably believes that failing to deal with the information may cause a serious risk to the life, health or safety of the connected person or an at‑risk person.

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