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Checklist for making an information sharing request

Refer to the checklist before making a request for someone’s personal information under Part 5A of the Family Violence Protection Act 2008 (FVPA).

You are prescribed as an Information Sharing Entity (ISE) and that you are authorised to share for that purpose

Check the regulations to make sure you are a prescribed ISE , and to confirm whether you are a risk assessment entity that can share information for a family violence assessment purpose.

That you are requesting information from a prescribed ISE

  • Check the regulations and make sure the worker is prescribed as an ISE .
  • Ensure you are speaking with someone suitably trained to use Part 5A of the FVPA.
  • If you do not have an existing relationship with the ISE you are requesting information from, you may need to verify who you are (e.g. by sending an email from your entity’s official account).
  • Your information request is for a permitted purpose under Part 5A of the FVPA — namely, either for:
    • A family violence assessment purpose: Only prescribed Risk Assessment Entities are entitled to make requests and receive information for a family violence assessment purpose, which focuses on identifying who the ‘actual’ perpetrator and victim survivor are and establishing the level of risk the perpetrator poses to the victim survivor.
    • A family violence protection purpose: Any prescribed ISE is permitted to request and receive information for a family violence protection purpose. The focus at this stage is about managing the risk of the perpetrator committing family violence or the victim survivor being subjected to family violence. This could include information sharing as part of ongoing risk assessment.

You provide sufficient information to the organisation you are requesting information from to help them identify what information they hold that might be relevant and whether they should disclose that information

  • Don’t engage in a ‘fishing’ expedition. Clearly identify the purpose of your call or email and why you believe they may hold relevant information, being mindful not to over-share information where this is not necessary.
  • Precedence should always be given to a victim survivor’s right to be safe from family violence when discussing relevant information.
  • You have documented the service you contacted and worker you spoke with.
  • You have documented the information that was disclosed.
  • You have documented any risk assessment or safety plan that has been made as a result of the information sharing.
  • You only use the information for a purpose permitted by law.
  • If your information request is refused, record this refusal in writing and keep this refusal on file.
  • If sharing information about an Aboriginal or Torres Strait Islander person, you have read Chapter 7 on page 84.
  • If sharing information about people with disabilities, people from culturally and linguistically diverse backgrounds, older people, people from lesbian, gay, bi-sexual, trans, gender diverse and intersex communities or people from regional, rural and remote communities - you have read Chapter 8 on page 90.

Reviewed 22 February 2019