Disability Services Act 1993

The Minister is entitled —

to have information in the possession of the Commission; and

where the information is in or on a document, to have, and make and retain copies of, that document.

For the purposes of subsection (1) the Minister may —

request the Commission to furnish information to the Minister;

request the Commission to give the Minister access to information;

for the purposes of paragraph (b) make use of the personnel and facilities of the Commission to obtain the information and furnish it to the Minister.

The Commission must comply with a request under subsection (2) and make its personnel and facilities available to the Minister for the purposes of paragraph (c) of that subsection.

The Minister is not entitled to have information under this section in a form that —

discloses the identity of a person with disability other than a resident; or

might enable the identity of any such person to be ascertained,

unless that person has consented to the disclosure.

The Minister is not entitled to have information under this section in a form that —

discloses the identity of a resident involved in a particular application, complaint or proceeding; or

might enable the identity of any such resident to be ascertained,

unless the resident or the resident’s enduring guardian or guardian (as those terms are defined in the Declared Places Act section 3) has consented to the disclosure.

In this section —

document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;

information means information specified, or of a description specified, by the Minister that relates to the functions of the Commission.

[Section 21 amended: No. 40 of 2012 s. 24; No. 4 of 2015 s. 72; No. 10 of 2023 s. 336.]