Secretary or member of CVE MAP may require information from providers of previous services and programs
22EQ Secretary or member of CVE MAP may require information from providers of previous services and programs
S. 22EQ (Heading) amended by No. 9/2025 s. 49(1).
S. 22EQ inserted by No. 47/2021 s. 6.
This section applies in relation to a person (the relevant person) who is—
a referred person; or
a prospective participant; or
S. 22EQ(1)(ba) inserted by No. 9/2025 s. 49(2).
a participant; or
the respondent to an application for a support and engagement order.
S. 22EQ(2) substituted by No. 9/2025 s. 49(3).
The Secretary may request that another person specified in subsection (3) disclose to the Secretary, for a purpose specified in subsection (5), information—
that is about a relevant person who is—
a prospective participant; or
a participant; and
to which that other person has access.
S. 22EQ(2A) inserted by No. 9/2025 s. 49(3).
A member of the CVE MAP may request that another person specified in subsection (3) disclose to the member, for a purpose specified in subsection (5A), information—
that is about a relevant person; and
to which that other person has access.
The request may be made to a person who—
has provided the relevant person with a service of a kind described in subsection (4); or
has administered a program of a kind described in subsection (4) in which the relevant person was a participant; or
was engaged (whether as an employee, a volunteer or otherwise)—
by an entity that did a thing described in paragraph (a) or (b); and
in connection with the doing of that thing.
The programs and services that are relevant for the purpose of subsection (3)(a) and (b) are those that would be eligible to be specified in a support and engagement plan under section 22AJ(2)(a).
Note
See the examples at the foot of section 22AJ(2)(a).
S. 22EQ(5) substituted by No. 9/2025 s. 49(4).
The purposes for which a request under subsection (2) may be made are—
if the relevant person is a prospective participant—the purpose of informing a decision under section 22BJ about the relevant person; or
if the relevant person is a participant—the purpose of facilitating the preparation of a voluntary case management plan under section 22BRA or the variation of a plan under section 22BV.
S. 22EQ(5A) inserted by No. 9/2025 s. 49(4).
The purposes for which a request under subsection (2A) may be made are—
if the relevant person is a referred person—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or
if the relevant person is a prospective participant—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or
if the relevant person is a participant—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or
if the relevant person is the respondent to an application for a support and engagement order—the purpose of facilitating and informing the preparation of a proposed support and engagement plan in respect of the respondent under section 22CN.
S. 22EQ(6) amended by No. 9/2025 s. 49(5).
The Secretary or a member of the CVE MAP who makes a request under subsection (2) or (2A) may disclose information that is about the relevant person to the person to whom the request is made for the purpose of enabling or facilitating the identification and provision of the requested information.
A person to whom a request is made must comply with that request.
Note to s. 22EQ(7) inserted by No. 2/2024 s. 23, amended by No. 9/2025 s. 49(6).
Note
The person may disclose the information requested by a member of the CVE MAP to the member's central contact instead—see section 22ERC.
However—
S. 22EQ(8)(a) amended by Nos 2/2024 s. 40(5), 9/2025 s. 49(7).
in disclosing information under subsection (6), the Secretary or the member of the CVE MAP who does so must not disclose information if doing so is prohibited by section 22EK; and
S. 22EQ(8)(b) amended by No. 2/2024 s. 40(5).
in disclosing information under subsection (7), the person who does so must not disclose information if doing so is prohibited by section 22EK.
For the purposes of this section, the person to whom the request is made has access to information if that information is held or kept by, or is under the control of, the person, or—
in the case of a person referred to in subsection (3)(a) or (b)—
the person provides the service or administers the program as described in that provision in the course of their engagement (whether as an employee, a volunteer or otherwise) by an entity; and
the information is held or kept by or in, or under the control of, that entity; and
the person is authorised to receive the information from that entity; or
in the case of a person referred to in subsection (3)(c)—
the information is held or kept by or in, or under the control of, the entity referred to in that provision; and
the person is authorised to receive the information from that entity.
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