Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013

Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013

No. 55 of 2013

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information

3Effecting registration, renewal or transfer

4Register of written-off vehicles

5Repeal of section 23A

6Obtaining licence etc. by false statements

7New Part 7B inserted

Part 7B—Use and Disclosure of Information

90IInterpretation

90JInformation to which this Part applies

90KAuthorised use or disclosure

90LExceptional circumstances

90MVerification of information

90NInformation protection agreements

90ODisclosure not mandatory

90PFreedom of Information Act 1982

90QOffences

8Repeal of sections 92, 92A and 92B

9New section 103ZH inserted

103ZHTransitional provisions—Road Legislation Amendment (Use and Disclosure of Information
and Other Matters) Act 2013

Part 3—Amendments to other Acts Relating to
Use and Disclosure of Information

10Amendment of Marine Safety Act 2010

11Amendment of Accident Compensation Act 1985

12Amendment of Transport Accident Act 1986

126CDisclosure of information collected or received by
Roads Corporation

13Amendment of Road Safety Camera Commissioner
Act 2011

19ADisclosure of information collected or received by
Roads Corporation

14Amendment of EastLink Project Act 2004

15Amendment of Melbourne City Link Act 1995

16Amendment of Police Regulation Act 1958

Part 4—Other Amendments

Division 1—Other amendments to Road Safety Act 1986

17Register of written-off vehicles

18General evidentiary provisions

19New section 95E inserted

95EGazette notices may incorporate document etc.

Division 2—Amendments to Accident Towing ServicesAct 2007

20Conditions on licences

21When VicRoads may approve an application for accreditation

22Mandatory refusal of accreditation

23Offence to fail to release towed vehicle

24Periodic review of charges

Division 3—Miscellaneous amendments to other Acts

25Amendment of Melbourne City Link Act 1995

26Amendment of Road Management Act 2004

Part 5—Repeal

27Repeal of Act

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Endnotes

SectionPage

Victoria

SectionPage

Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013[†]

No. 55 of 2013

[Assented to 24 September 2013]

Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013
No. 55 of 2013

The Parliament of Victoriaenacts:

Part 5—Repeal

Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013
No. 55 of 2013

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)torepeal and replace the provisions of the Road Safety Act 1986 that relate to the use and disclosure of information by the Corporation—

(i) to limit the information to be regulated under that Act to informationthat identifies an individual and is collected or received by the Corporation in relation to its registration or licensing functions and activities;

(ii) to express those provisions, where appropriate, in terms of the purpose for which the information is to be used or disclosed; and

(b)to amend the Marine Safety Act 2010 andmake consequential amendments to other Acts in relation to the use and disclosure of information collected or received by the Corporation; and

(c)to make amendments to roads legislation in relation to other matters.

2Commencement

(1)Part 1 and Division 3 of Part 4 come into operation on the day after the day on which this Act receives the Royal Assent.

s. 2

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 January 2014, it comes into operation on that day.

______

Part 2—Amendments to Road Safety Act 1986 Relating to Use and Disclosure of Information

3Effecting registration, renewal or transfer

See:
Act No.
127/1986.
Reprint No. 15
as at
20 February 2013
and amending
Act Nos
19/1991,
34/2011,
65/2011,
75/2012,
76/2012 and
22/2013.
LawToday:
www.
legislation.
vic.gov.au

s. 3

Section 9(1A) of the Road Safety Act 1986 is repealed.

4Register of written-off vehicles

Section 16D(3) of the Road Safety Act 1986 is repealed.

5Repeal of section 23A

Section 23A of the Road Safety Act 1986 is repealed.

6Obtaining licence etc. by false statements

In section 71(a) of the Road Safety Act 1986 for "section 92" substitute "Part 7B".

7New Part 7B inserted

s. 7

After Part 7A of the Road Safety Act 1986 insert—

"Part 7B—Use and Disclosure of Information

90IInterpretation

In this Part—

authorised representative, in relation to an individual, means a person who is—

(a)a guardian of the individual; or

(b)an attorney for the individual under an enduring power of attorney; or

(c)an agent for the individual within the meaning of the Medical Treatment Act 1988; or

(d)an administrator or a person responsible within the meaning of the Guardianship and Administration Act 1986; or

(e)a parent of an individual, if the individual is a child; or

(f)otherwise empowered under law to perform any functions or duties or exercise powers as an agent of or in the best interests of the individual—

except to the extent that acting as an authorised representative of the individual is inconsistent with an order made by a court or tribunal;

consentmeans express consent or implied consent;

individualincludes a deceased individual;

information protection agreement means an agreement between a person or body and the Corporation in relation to relevant information that complies with section 90N(2);

intergovernmental agreement means a written agreement—

(a)between—

(i) the Corporation and a corresponding Authority; or

s. 7

(ii) the Corporation and a Minister of another Australian jurisdiction; or

(iii) a Victorian Minister and a Minister of another Australian jurisdiction; or

(b) betweenthe Corporation and another public sector body or other public sector bodies, whether in Victoria or another jurisdiction, made for the purposes of a national exchange of information relating to vehicles or drivers or to both;

law enforcement agency means—

(a)the police force of Victoria, the Commonwealth or any other State or Territory;

(b) any otherbody or person responsible for the performance of functions or activities directed to—

(i) the prevention, detection, investigation, prosecution or punishment of offences against the laws of Victoria, the Commonwealth or any other State or Territory; or

(ii) the enforcement of infringement penalties (bywhatever name they are known in the relevant jurisdiction) issued under a law of Victoria, the Commonwealth or any other State or Territory; or

s. 7

(iii) the enforcement of the orders of a court;

(c) abody or person authorised
by a law of Victoria, the Commonwealth or any other State or Territory to enforce a warrant;

Minister of another Australian jurisdiction means a Minister of the Crown in right of the Commonwealth or another State or a Territory;

relevant information means information that, under section 90J, is information to which this Part applies;

relevant person means a person who is a delegate of or employed by or engaged to provide services for—

(a)the Corporation; or

(b)another person or body engaged to provide services for the Corporation;

Safety Director has the same meaning as it has in section 3(1) of the Marine Safety Act 2010;

transport legislation has the same meaning as it has in section 3 of the Transport Integration Act 2010;

Victorian Minister means a Minister of the Crown in right of the State.

90JInformation to which this Part applies

(1)This Part applies to information—

(a) that is collected or received by the Corporationin relation to its registration or licensing functions and activities; and

s. 7

(b)thatidentifies an individual or from which an individual's identity can be reasonably ascertained.

(2)For the purposes of subsection (1), the facial image of an individual is information that identifies the individual or from which the individual's identity can be reasonably ascertained.

(3) For the purposes of subsection (1), information collected or received by the Corporation in relation to its registration or licensing functionsand activities includes, but is not limited to, information relating to—

(a) granting, renewing, suspending or cancelling registration of vehicles;

(b) entering or removing vehicles from the written-off vehicles register;

(d) granting, renewing, suspending or cancelling driver licences or learner permits and recording demerit points—

whether that information relates to a registered or unregistered vehicle ora licensed or unlicensed driver.

90K Authorised use or disclosure

Subject to section 90N, the Corporation or a relevant person mayuse or disclose relevant information—

(a)for the purpose of—

s. 7

(i) thefollowing functions and activities when performed by the Corporation or a relevant person—

(A)theadministration of this Act or the regulations; or

(B) responding to correspondence or other communications; or

(ii) a vehicle recall procedure being conducted in relation to a possible safety-related defect in a vehicle or a class of vehicles; or

(iii) research, or the compilation or analysis of statistics, conducted in the public interest, other than for publication in a form that identifies an individual or from which an individual's identity can be reasonably ascertained; or

(iv) the exercise of a power or the performance of a function under transport legislation; or

(v)any legal proceeding arising out of transport legislation or any report of such a proceeding; or

(vi)giving effect to an intergovernmental agreement; or

(b)if the use or disclosure is reasonably necessary to lessen or prevent a serious threat to—

s. 7

(i) an individual's life, health, safety or welfare; or

(ii)public health, safety or welfare; or

(iii)the environment—

whether in or outside Victoria; or

(c)for the purpose of dealing with exceptional circumstances in accordance with section 90L; or

(d)with the consent of—

(i) the individual to whom the information relates; or

(ii)the authorised representative of that individual; or

(e)to a not-for-profit organisation to assist the organisation—

(i) to locate a missing person; or

(ii)to facilitate the reunion of members of a family or friends—

for non-commercial, humanitarian purposes; or

(f)to a member of the police force to assist the police force—

(i) to locate a missing person; or

(ii)to locate the next of kin of an individual who has suffered injury or death; or

(iii)to conduct a check on the wellbeing of an individual; or

s. 7

(g)for the purposes of one or more of the following functions and activities when undertaken by or on behalf of a law enforcement agency—

(i) the prevention, detection, investigation, prosecution or punishment of offences of any kind;

(ii)the enforcement of laws relating to the confiscation of the proceeds of crime;

(iii)the preparation for, or conduct of, proceedings before any court or enforcement of the orders of a court;

(iv)the protection of public revenue;

(v)the enforcement of infringement penalties (by whatever name they are known in the relevant jurisdiction); or

(h)if the relevant information is used or disclosed in the course of usingor disclosing information as authorised by section 306(2) of the Marine Safety Act 2010; or

(i) if the use or disclosure is otherwise required or authorised by law.

90LExceptional circumstances

(1) This section applies if the Minister is satisfied that—

s. 7

(a)exceptional circumstances exist or have occurred, whether in or outside Victoria; and

(b)it is appropriate to use or disclose relevant information in accordance with this section during or in the aftermath of those exceptional circumstances.

(2)On being notified that the Minister is satisfied of the matters referred to in subsection (1), the Corporation must publish a notice on its website stating that—

(a)the Minister is satisfied as to the matters referred to in subsection (1); and

(b) accordingly, the Corporation or a relevant person may use or disclose relevant information for the purpose of dealing with the exceptional circumstances.

(3)While a notice under subsection (2) remains published on its website, but not later than 12months after the date on which the notice is first published, the Corporation or a relevant person may use or disclose relevant informationif—

(a)the Corporation or the relevant person reasonably believes that the individual to whom the relevant information relates may be or may have been involved in, or affected by, the exceptional circumstances; and

(b)theuse or disclosure is for a permitted purpose in relation to the exceptional circumstances; and

s. 7

(i) is, or is likely to be, involved in managing, or assisting in the management of, the exceptional circumstances; or

(ii)is directly involved in providing government services, medical or other treatment, health services or financial or other humanitarian assistance to individuals involved in the exceptional circumstances; and

(d)the disclosure is not to a media organisation.

(4) For the purposes of this section—

exceptional circumstances are circumstances which—

(a)endanger, or threaten to endanger, the life, health or safety of any individual; or

(b)destroy or damage, or threaten to destroy or damage, any property, the environment or part of the environment;

Examples

Events such as natural disasters, fires, explosions, accidents, unlawful acts (whether actual or threatened) and disruptions to essential services may constitute exceptional circumstances.

s. 7

permitted purpose means a purpose that directly relates to the State's response to the exceptional circumstances in respect of which the notice under subsection (2) has been published including any of the following purposes—

(a)identifying individuals who—

(i) are, or may be, injured, missing or dead as a result of the exceptional circumstances; or

(ii)are, or may be, otherwise involved in the exceptional circumstances;

(b)assisting individuals involved in the exceptional circumstances to obtain services such as government services, medical or other treatment, health services or financial or other humanitarian assistance;

(c)assisting with law enforcement in relation to the exceptional circumstances;

(d)coordination or management of the exceptional circumstances.

90M Verification of information

(1)The Corporation or a relevant person may verify relevant information contained in a driver licence or learner permit if that information is provided to a public sector body or private sector body as evidence of an individual's identity.

s. 7

(2) The Corporation or a relevant person may verify relevant information contained in a driver licence or learner permit if—

(a)the information is provided for verification by or on behalf of a person or body who has entered into a service agreement with the Corporation for the verification of information of that kind; and

(b) the person or body either—

(i) employs or has engaged, or proposes to employ or engage,the holder of the driver licence or learner permit to drive a motor vehicle on a highway; or

(ii)proposes to offer a vehicle for hire to the holder of the driver licence or learner permit.

(3) The Corporation or a relevant person may verify the identity of the registered operator of a vehicle on the provision by any person or body of—

(a)the registration number of the vehicle; and

(b)the name of the purported operator of the vehicle; and

(4) The Corporation or a relevant person may verify the identity of the owner of registration number rights on the provision by any person or body of—

(a)the registration number; and

s. 7

(b)the name of the purported owner of the rights; and

90N Information protection agreements

(1)The Corporation or a relevant person must not disclose relevant information to a person or body under section 90K(a)(iii), (a)(iv), (e), (f) or (g), unless the person or body has first entered into an information protection agreement with the Corporation.

(2)An information protection agreement must—

(a)specify—

(i) the purpose for which the information is proposed to be disclosed to the person or body; and

(ii)the provision of this Act under which the Corporation is authorised to disclose the information; and

(iii)the means by which the information will be provided by the Corporation; and

(iv) the means by which the information will be protected by the person or body; and

(v)how compliance with the terms of the agreement will be monitored and enforced by each party to the agreement; and

(vi) the auditing arrangements; and

(vii) the procedures for managing any breach of privacy; and

s. 7

(b)includean undertaking by the person or body that the information will be used or disclosed only for the purpose specified in the agreement.

(3) An information protection agreement may include any other requirements, qualifications or conditions specified by the Corporation.

(4) Subsection (1) does not apply if—

(a)an information protection agreement is currently in force between the Corporation and the delegator, employer, contractor or principal of the person or bodywho has requested the relevant information; and

(b)inmaking the request for the relevant information, the person or bodyis acting within the scope of their actual or apparent authority under the delegation, employment, contractual relationship or agency.

(5) If a person or body requests relevant information other than for a purpose specified in subsection (1), the Corporation or a relevant person may require the person or body to first enter into an information protection agreement with the Corporation.

(6) A person or body is not required to enter into an information protection agreement with the Corporation in relation to the use or disclosure of relevant informationif—

(a)the person or body is a relevant person; and

(b)the relevant information is disclosed to the person or body in their capacity as a relevant person.

s. 7

90O Disclosure not mandatory

Nothing in this Part requires the Corporation or a relevant person to disclose relevant information.

Note

The Corporation or a relevant person is entitled not to disclose relevant information in the absence of a legal obligation to disclose it.

90PFreedom of Information Act 1982

(1)A document which contains relevant information is an exempt document within the meaning of section 38 of the Freedom of Information Act 1982.

(2)Subsection (1) does not limit the operation of section 38 of the Freedom of Information Act 1982.

90Q Offences

(1)The Corporation or a relevant person or a person who has been a relevant person must not use or disclose relevant information other than as authorised by this Part—

(a)knowing that the use or disclosure is not so authorised; or

(b)being reckless as to whether the use or disclosure is so authorised.

Penalty:120 penalty units or imprisonment for 12 months.

(2)A person who obtains relevant information under an information protection agreement must not use or disclose that information other than in accordance with the information protection agreement—

(a)knowing that the use or disclosure is not in accordance with the agreement; or

s. 7

(b)being reckless as to whether the use or disclosure is in accordance with the agreement.

Penalty:120 penalty units or imprisonment for 12 months.

(3) A person, other than a person referred to in subsection (1) or (2), to whom relevant information has been disclosed as authorised by a provision under section 90K, must not use or disclose that information other than in accordance with that provision—

(a)knowing that the use or disclosure is not in accordance with that provision; or

(b)being reckless as to whether the use or disclosure is in accordance with that provision.

Penalty:120 penalty units or imprisonment for 12 months.

(4) A person who obtains relevant information other than as authorised under this Act must not use or disclose that information—

(a)knowing that the information was obtained other than as authorisedunder this Act; or

(b)being reckless as to whether the information was obtained as authorised under this Act.

Penalty:120 penalty units or imprisonment for 12 months.

______".

8Repeal of sections 92, 92A and 92B

s. 8

Sections 92, 92A and 92B of the Road Safety Act 1986 are repealed.

9New section 103ZH inserted

Before section 104 of the Road Safety Act 1986 insert—

"103ZH Transitional provisions—Road Legislation Amendment (Use and Disclosure of Information and Other Matters) Act 2013