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 we are required to refer a report to: 
    • the Anti-Discrimination Commissioner;
    • the Health Complaints Commissioner;
    • the Commissioner for Children and Young People;
    • Office of the Independent Regulator;
    • he NDIS Quality and Safeguarding Commission; or
    • the Australian Health Practitioner Regulation Agency
  • when we have evidence of a criminal offence
  • during an investigation, where all parties to the investigation will be provided with the same information.

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 to share your information when we are assessing a matter and there is no information to suggest anyone is in danger or at risk.

Your consent must be:

  • Informed: You understand the consequences of giving or not giving consent
  • Voluntary: You provide consent because you want to, not because someone has made you feel as though you have to
  • Recorded: We document your consent in a way that suits you (e.g. written, email, video).
How will Disability Commissioner Tasmania make sure I understand what they are asking?

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

  • Explain the potential outcomes of your consent
  • 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 explain 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 may consider if someone can act on your behalf, such as:

  • A parent or caregiver if you are under the age of 16 as they are your legal decision maker
  • A parent or caregiver if you are under the age of 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
  • You can also give someone the authority to work with us on your behalf about a report or a matter, even if you have capacity to make decisions. You can remove this authority at any time.

We would involve you as the person/people with disability in the decision 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. This is required of us by law.
What if I am making a report about someone else?

If you are making a report on behalf of someone else (e.g. 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 on 1800 179 249 or contact@disabilitycommissioner.tas.gov.au.

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