Interpretation
17 Interpretation
In this Part and in Schedule 3:
authorised employee of a community care agency means:
if the agency is a Government Department (or part of a Government Department)—an employee of the Department appointed by the Secretary of the Department, or
if the agency is the Civil and Administrative Tribunal—a member of staff of the Tribunal appointed by the President of the Tribunal.
community care agency means any of the following:
the Department of Family and Community Services (including any office or branch of the Department or any Public Service executive agency that is related to the Department for the purposes of the Government Sector Employment Act 2013),
Juvenile Justice in the Department of Justice,
the Civil and Administrative Tribunal.
personal information custodian, of an individual, means any of the following:
the individual’s guardian (within the meaning of the Guardianship Act 1987),
the individual’s attorney (within the meaning of the Powers of Attorney Act 2003),
the spouse of the individual, if the relationship between the individual and the spouse is close and continuing,
a person who has the care of the individual (within the meaning of the Guardianship Act 1987),
a close friend or relative of the individual (within the meaning of the Guardianship Act 1987).
spouse means:
the person to whom a person is legally married (including the husband or wife of a person), or
a de facto partner,
but where more than one person would so qualify as a spouse, means only the last person so to qualify.
Note—
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
If any personal information that relates to an individual has been collected by a community care agency for any purpose related to the provision of services to the individual, that information is, for the purposes of Schedule 3, taken to have been collected also for the following purposes:
to ensure the provision of appropriate services to an individual (whether by the community care agency or another body or person),
to ascertain the appropriate priority or placement of the individual in a service,
to prevent harm to the individual or others,
to ensure compliance with the occupational health and safety laws by the agency.
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