10Collection, use and disclosure
of personal information by human services agencies
(1)
In this clause:
allied
agency means an agency (other than a public sector agency)
that is wholly or partly funded by a human services agency and that is
approved in writing by the head of that human services agency as an allied
agency for the purposes of this clause.
senior
officer means a senior member of staff of a human services
agency who has been nominated in writing for the purposes of this clause by
the head of that agency.
substantial adverse impact includes,
but is not limited to, serious physical or mental harm, significant loss of
benefits or other income, imprisonment, loss of housing or the loss of a
carer.
(2)
Despite the information protection principles, a
human services agency may collect and use personal information about an
individual, and may disclose personal information about the individual to
another human services agency or an allied agency, if the collection, use or
disclosure is in accordance with a written authorisation given by a senior
officer of the agency.
(3)
An authorisation under subclause (2) must
specify:
(a)
the period (maximum 12 months) for which the
authorisation has effect, and
(b)
the classes of personal information to which the
authorisation is to apply (the
specified information), and
(c)
the human services agencies or allied agencies
(if any) to whom the specified information may be disclosed (the
specified agencies).
(4)
A senior officer may give an authorisation under
subclause (2) only if the officer is satisfied that:
(a)
the individual to whom the specified information
relates is a person to whom services are provided or proposed to be provided
by a human services agency or an allied agency, and
(b)
the individual (or a person authorised by or
under the Act or any other law to give consent on the individual’s
behalf) has failed to consent to the agency collecting or using the specified
information, or disclosing the specified information to the specified
agencies, and
(c)
there are reasonable grounds to believe that
there is a risk of substantial adverse impact on the individual or some other
person if collection or use of the specified information, or disclosure of the
specified information to the specified agencies, does not occur,
and
(d)
the collection or use of the specified
information, or disclosure of the specified information to the specified
agencies, is likely to assist in developing or giving effect to a case
management plan or service delivery plan that relates to the individual,
and
(e)
reasonable steps have been taken to ensure that
the individual has been notified by the agency of each of the
following:
(i)
the specified information,
(ii)
the specified agencies,
(iii)
the period for which the authorisation is
proposed to be sought to have effect.
Note—
Notification under this paragraph would normally
be in writing. However, other notification methods may be more appropriate in
the case of certain clients. For example, if the client is
illiterate.
pt 4 (cll
9–11): Ins 2005 (328), Sch 1 [2].