Information power
91 Information power
VCAT may specify in a supportive guardianship order or in a supportive administration order that the supportive guardian or supportive administrator, as the case requires, has power to access, collect or obtain from any person, or assist the supported person to access, collect or obtain from any person, any personal information about the supported person that—
is relevant to a supported decision; and
may lawfully be collected or obtained by the supported person.
For the purposes of subsection (1), a person referred to in that subsection is authorised to disclose personal information about the supported person to the supportive guardian or supportive administrator, as the case requires.
Note
See also the Disability Act 2006, the Health Records Act 2001 and the Privacy and Data Protection Act 2014 for provisions as to disclosure of personal information to supportive guardians and supportive administrators and access to personal information by supportive guardians and supportive administrators.
A supportive guardian or supportive administrator, as the case requires, may disclose any information given under subsection (1) for the purpose of—
anything that is relevant and necessary to the supportive guardian or supportive administrator carrying out that role; or
any legal proceeding under this Act, or any report of a legal proceeding under this Act; or
any other lawful reason.
This Act’s bill:Explanatory memorandumSecond reading speech
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