Tasmanian Disability Services Act 2011 - Sharing of Information Fact Sheet

Background

The Disability Services Act 2011 says that information about people with disability can be shared with other government and non-government organisations only when it is necessary and:

• to enable an appropriate assessment of the needs of the person
• to determine whether the services provided (or to be provided) to the person are appropriate
• for the safety or welfare of the person or those around them.

The Act also says that, where the person is capable, and the sharing of information is not required for their safety or for the safety of those around them, the person with disability should give their consent to the sharing of information.

The Secretary of the Department may provide or request information for the same reasons and with the same conditions as are outlined above.

The Secretary may request information be provided within a specified time and the Act applies a penalty to the 'information sharing entity' for not providing the information within that timeframe or for not explaining in writing why the information cannot be shared.

The section of the Act that details when and how information can be shared refers to 'information sharing entity', 'prescribed person' and 'relevant person'. Definitions are provided below.

Definitions

'information-sharing entity' means:

1.       a prescribed person (see definition below)

2.       a State Service officer or employee of DHHS or another government department

3.       a manager of a private medical establishment

4.       a controlling authority of an approved hospital, assessment centre, or secure mental health unit

5.       the person in charge of a funded disability services provider

6.       the person in charge of funded drug or alcohol treatment services

7.       the person in charge of an organisation that receives a referral from the Secretary, DHHS, or a Community Intake Service

8.       the Chief Forensic Psychiatrist

9.       any other person, or organisation, prescribed in the regulations.

'prescribed person' means:

1.       a medical practitioner

2.       a registered nurse or enrolled nurse

3.       a person registered under the Health Practitioner Regulation National Law (Tasmania) in the midwifery, dental or psychology profession

4.       a police officer

5.       a probation officer

6.       a principal or a teacher in any educational institution

7.       a person who provides child care or a child care service

8.       a manager of a child care service

9.       any other person who is employed, or a volunteer, in an Agency that provides health, welfare, education, child care or residential services for children

10.     an organisation that receives funding from the Crown for the provision of such services.

'relevant person' means:

The person with disability who is receiving funded disability supports or services, and that the sharing of information is relevant to.