Introduction

We are committed to protecting your privacy and handling your information responsibly. When you share information with us, we follow strict laws to keep it private, including:

When we will share your information

Under the Disability Rights, Inclusion and Safeguarding Act 2024 (the Act) some of the circumstances we may share your information with others are:

  • When someone is at risk of significant harm
  • With your consent
  • When your information falls under the powers of:
    • The Anti-Discrimination Commissioner
    • The Health Complaints Commissioner
    • The Commissioner for Children and Young People
    • The Independent Regulator
    • The NDIS Quality and Safeguarding Commission
    • The Australian Health Practitioner Regulation Agency
  • When we have evidence of a criminal offence

If we do not need your consent and you can still be linked to the information, we will let you know what we are doing as soon as possible.

When do we need your consent?

We need your consent when:

  • Sharing information to obtain more details: Sometimes, we need to share your information to get more details from others. For example, we might share your name and details about an incident to talk to witnesses or gather more information. This helps us understand the situation better and conduct a thorough investigation.

Your consent must be:

  • Informed: You understand the consequences of giving or not giving consent.
  • Voluntary: You provide consent without any pressure.
  • Recorded: We document your consent in a way that suits you (eg written, email, video).
How will Disability Commissioner Tasmania make sure I understand what they are asking?

We want you to decide how we use your information. When we ask for your consent, we will:

  • Explain the potential outcomes of your decision.
  • Use plain language and provide support if needed (eg interpreter, trusted person).
  • Ask you to explain the outcomes in your own words.
  • Use scenarios to illustrate different situations.
  • Encourage you to ask questions.
Can someone else provide consent for me?

If we are unsure if you have the capacity to give consent at a particular time, we will consider if someone can act on your behalf, such as:

  • a parent if you are under 18 and you are unable to understand what we are asking
  • someone with enduring power of attorney;
  • a responsible person if you have a guardianship order which specifically refers to your decision making capacity
  • a person the individual nominated that was recorded when they were capable of giving consent.

We will involve you as the person/people with disability in the decisions wherever appropriate.

Can I change or withdraw my consent?

You can withdraw your consent at any time. We will:

  • Make note that you have withdrawn your consent and remind you who has your information.
  • Mark your information as "consent withdrawn" in our systems.
  • Continue to share your information if you are at risk of significant harm.
What if I am making a report about someone else?

If you are making a report on behalf of someone else (eg a family member, support worker or someone else who is concerned), the person/people with disability should give consent before we can conduct an investigation, or share their information.

What if I have any questions or concerns?

If you have any questions about how we use the information you provide us, please contact us.

If we cannot resolve your issue to your satisfaction, contact Ombudsman Tasmania at ombudsman@ombudsman.tas.gov.au or on 1800 001 170.

Definitions

People we may share or request information from: Organisations and individuals who we might provide information to or seek 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.

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.

Information: Information refers to anything that you provide us that can identify you or make your 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.

Consent: Consent is freely and voluntarily agreed to:

  • share your information and/or
  • allow the Disability Commissioner Tasmania to investigate a specific report about you and/or
  • allow the Disability Commissioner Tasmania to seek information on your behalf, such as in preliminary inquiries or an investigation.

Person/people with disability (in the context of the person/people who the report is about): The person/people with disability who experienced the reported experience. This does not include witnesses, carers, workers, or others mentioned in the report or investigation.

Report: A report is any information or complaint about the safety, rights, or well-being of a person/people with disability. We can treat anything related to these issues as a report, whether it is formal or informal, to investigate and take action.

Responsible person: A Responsible Person can legally make decisions for someone who cannot decide for themselves and is under formal guardianship according to the Guardianship and Administration Act 1995.

Investigation (to distinguish from preliminary inquiries): 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 is about gathering information to make findings of fact about what really happened and to make recommendations for change if that is needed.

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 are looking after people with disability, and help improve the lives of people with disability.

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