Summary

Purpose: Personal information is shared, stored, and managed safely under the Disability Rights, Inclusion, and Safeguarding Act 2024. This policy applies to the Disability Commissioner Tasmania (referred to as we or us) and people we may share or request personal information from.

Consent: Personal information can only be shared if consent is given or if it addresses a risk of significant harm. People with disability can change the personal information they have provided and withdraw their consent at any time.

Information sharing: We can only share personal information for legal purposes, preliminary inquiries, investigations, and when data is de-identified. We will explain this policy, who we want to share or request data from, and why to the person/people with disability.

Requiring personal information: The Disability Commissioner may require people to provide personal information, for the purposes of an investigation. Written notices will be provided specifying timeframes.

Record storage: All information will be recorded and stored securely. If you are concerned about anything in this policy, you can contact us or complain to the Ombudsman Tasmania if you believe we have not protected someone’s personal information.

This summary provides an overview of the key aspects of the Information Sharing Policy. If you need more details, see the full policy below.

Applies to

This Policy applies to Disability Commissioner Tasmania (referred to as we and us) as well as people we may share or request personal information from under the Disability Rights, Inclusion and Safeguarding Act 2024 (the Act).

Policy statement

Personal information about a person or people with disability and the people associated with them must be used appropriately as defined by the Act.

The related laws

This Policy specifically refers to personal information shared under the Act:

  • Section 38: This section discusses the referral of reports or investigations, outlining the circumstances under which a report or investigation can be referred to another entity for further action.
  • Section 39: This section details the requirements for providing information during an investigation, specifying what information must be shared and how it should be handled to ensure the investigation's integrity.
  • Section 40: This section focuses on the protection of individuals making reports, ensuring that those who report information are safeguarded from any potential repercussions.
  • Section 82: This section outlines how information about individuals with disabilities can be shared, emphasising the need for explicit consent, specific purposes related to care and support, and the use of secure methods to ensure privacy and accountability.
  • Section 83: This section details the responsibilities of entities when sharing information, including obtaining explicit consent, ensuring the necessity of the information for care and support, using secure methods, and maintaining detailed records for transparency and accountability.

People we may share or request personal information from may have their own legislative framework. Some of these are:

This is why we will request personal information for investigations about specific instances and de-identified information for systemic investigations and policy development.

As some of our staff are state servants we also behave in line with the standards of the State Service Code of Conduct. If anyone misuses personal information, they may face disciplinary action as outlined in the Code of Conduct.

Related policies

This Policy is related to our Privacy and Consent Policy – this policy outlines how and when we will request consent and how we will share protected information. It is specifically for people who submit a report to us, whereas the Information Sharing Policy is for people we may share or request information from.

When can we share or request personal information?

Personal information may be shared under these conditions:

  • If requested by us as part of an investigation.
  • If there is a risk of significant harm to a person with disability or a child;
  • If authorised by legislation;
  • for legal proceedings;
  • for reporting or investigating a crime or unlawful act.
  • with the agreement of the person to whom the personal information relates;
  • information that is de-identified.

Sharing personal information in line with the Act does not break the law.

Informing the person or people with disability about their personal information

We will make sure the person or people with disability understand how their personal information is or may be shared, regardless of whether they have provided consent.

This includes:

  • providing them with the Consent Policy and making sure they understand how and why their personal information will be shared,
  • making sure they understand and feel safe to withdraw their consent at any time,
  • informing them how they can change the personal information they’ve provided us,
  • explaining that their personal information will be shared with or without consent if they are at risk of significant harm,
  • providing contact details of the person who receives their information,
  • If we need to talk to someone to get important data during an investigation, we'll ask for permission from the person whose personal information it is. This permission lets us share their name and details with the other person to get the data we need.

If we find we need to share or request personal information that we haven’t discussed with the person or people with disability, we will contact them as soon as possible.

Requests to amend their personal information

The person or people with disability can make changes to their personal information at any time, including retracting statements, or changing consent. When this occurs, we will:

  • remind them where their personal information has been shared;
  • provide them with the contact details of the person we have shared their personal information with;
  • offer to communicate the changes to the organisations holding their personal information as appropriate.

The original personal information should be saved as a record, and flagged as not be used.

How personal information can be shared

Protecting data and ensuring confidentiality

We are committed to protecting individuals' data and ensuring the confidentiality of personal information. We use secure document sharing methods to safeguard data and maintain privacy.

How we will share personal information

We will share personal information in different ways, and this may include secure software sharing platforms. Wherever possible, we will not email personal information or send it to shared mailboxes. This may not always be possible to avoid, and if so, we will take precautions to ensure information is as secure as possible in these formats. For example, when sharing electronically, we will call or email to confirm the appropriate person to share the personal information with.

Preferred methods of communication

To protect personal information, we recommend you use the following methods when sharing personal information with us:

  • Secure document sharing software
  • Our secure web portal
  • Hand delivery of hard copy documents
  • Phone calls.

We understand that using secure document sharing methods may be new or challenging for some users. Please contact us if you would like help to use these secure methods and ensure data is protected.

If you are unsure about how to share information:

If you are not sure about the most secure way to share information with us or you don’t have access to the methods above, please call us to we can work with you.

Requests from the Disability Commissioner

Preliminary inquiries

We may request personal information for preliminary inquiries to gather initial information about a report and make an assessment. These requests are distinct from formal investigations and are aimed at assessing what type of further action is needed, if any. Personal information provided during preliminary inquiries should be accurate and timely to assist the Commissioner in making informed decisions. Timely information provision also prevents the Commissioner from having to unnecessary investigate matters.

Formal investigations

If the Disability Commissioner believes you have important personal information or documents related to an investigation, you will receive a written notice of investigation requiring you to provide this information. The notice will include a deadline to provide the information, as well as an explanation of your rights and any penalties that may apply if you decline providing information.

The Act gives the Commissioner the legal right to require this personal information. There are some exceptions to this, and we will always make sure you are aware of them before providing us with information. Not complying with a requirement to provide information without a valid exception can result in penalties.

The Commissioner cannot require you to provide exempt information. If you think something is exempt, please contact us, outlining why you think the information is exempt.

If you do not have the requested personal information, you will still need to respond to us and advise us you are not able to provide the information because it is not in your possession.

Keeping records of what personal information is shared

We will keep the personal information we receive on a secure server. This includes records of consent, refusal, withdrawal of consent, and who we have shared personal information with or received personal information from.

Managing misuse

If you have concerns about how we use, share, or store personal information, or if you want more details about this policy, please contact us. Please direct any public inquiries about this policy to us.

If we can't resolve your issues or you don't feel comfortable talking to us, you can contact Ombudsman Tasmania at ombudsman@ombudsman.tas.gov.au or call 1800 001 170.

Definitions

People we may share or request personal information from: Organisations and individuals who we might provide personal information to or seek personal information from. These are referred to Information-sharing entities under the Act.

These people and organisations include but are not limited to government bodies, schools, teachers, doctors, allied health professionals, disability providers and support workers.

Personal information: Personal information refers to anything that that can identify someone or make a person’s identity easily discoverable. This includes:

  • Personal identifiers: Information like names, addresses, phone numbers, email addresses, and social security numbers.
  • Sensitive information: Details such as medical records, financial information, or any other information that could reveal your identity or personal circumstances.

For example, if a document contains your name, address, and phone number.

De-identified information: Information about a person that:

  • Does not contain identifying details.
  • Cannot be used to discover the person's identity.

For example, a list of reports showing the incident type, risk assessment outcome, and the person's disability.

Exempt information: Section 39(3) of the Act stops the Commissioner from requiring information that is Exempt Information. As at June 2025, Disability Commissioner Tasmania is relying on the definition of exempt information in the Right to Information Act 2009. Some exempt information may be subject to a public interest test. This means if the Commissioner can establish it is in the public interest to access the information, it may still be required. There is still work happening to further define exempt information as it relates to the Commissioner, and we will update this policy as those changes happen.

At risk of significant harm: This means that an assessment has determined there is a serious allegation or a risk to the safety of a person/people with disability or a child. We will make our assessment using tools available to us, including our risk matrix. We may not always publish these tools as they are for the purpose of guiding the Commissioner staff.

Person/people with disability: Person or people with disability in this policy refers to the person or people who experienced the reported circumstances. This does not include witnesses, carers, workers, or others mentioned in the report or investigation.

Consent: Consent is freely and voluntarily agreeing to:

  • share their personal information and/or
  • allow us to seek personal information on their behalf, such as in preliminary inquiries or an investigation.

Investigation: This means investigating a report under section 39 of the Act. An investigation will always be about violence, abuse, neglect, coercion, or exploitation of someone with disability. It's about gathering information to make findings of fact about what really happened and to make recommendations for change if that is needed.

Preliminary inquiries: Preliminary inquiries are initial questions to gather further information about a report. These requests are distinct from formal investigations and are aimed at assessing risk and the need for further action.

Disability Commissioner: This is the person in charge of making sure the rights and safety of people with disability are protected. They look into reports, make sure the Tasmanian Government is looking after people with disability, and help improve the lives of people with disability.

Disability Commissioner Tasmania: The staff and the office helping the Disability Commissioner. This team support the Commissioner in investigating reports, ensuring the Tasmanian Government is looking after people with disability, and improving the lives of people with disability.