Information Sharing under Part 13A of the Crimes (Domestic and Personal Violence) Act 2007

Domestic violence is a crime that is preventable.

It requires a coordinated response from service providers in the areas of policing, justice, health, welfare, education, child protection and victim support services to reduce its incidence.

Part 13A was introduced to the Crimes (Domestic and Personal Violence) Act 2007 to improve the response to domestic violence and increase agencies' capacity to share information and work collaboratively to support families at risk from domestic violence.

This web resource is intended for service providers – staff of government agencies, non-government service providers and other professionals – whose clients may be at threat of domestic violence.

You are encouraged to read this information to improve or maintain your knowledge of information sharing in the context of domestic violence: to help your clients access domestic violence support services and to reduce or prevent serious domestic violence threats to the life, health or safety of victims, their children or any other person.

What is Part 13A and how does it operate?

Part 13A of the Crimes (Domestic and Personal Violence) Act 2007 (Part 13A) commenced in September 2014.

Part 13A supports an information sharing framework intended to improve safety outcomes for victim-survivors of domestic violence. It creates certain exceptions to NSW privacy laws that allow NSW agencies and organisations to exchange information to respond appropriately to the needs of victim-survivors, and encourages inter-agency collaboration. 

There are two key aspects to Part 13A:

1) Sharing information to facilitate victims' access to domestic violence support services

Part 13A permits an agency or service provider to disclose victim-survivor and perpetrator information to the Central Referral Point or a Local Coordination Point where the agency believes that a person is subject to a domestic violence threat. The purpose is to make referrals for domestic violence support services, or to provide support services to the victim-survivor. While not required by police or the local court, any other agency or service provider must obtain the victim-survivor's consent. The consent of the perpetrator is not required.

2) Sharing information to prevent or lessen a threat to the life, health or safety of a person

Part 13A allows an agency or service provider to share any persons' information without the consent of the person if the agency believes on reasonable grounds that:

• it is necessary to prevent or lessen a serious domestic violence threat to the victim-survivor or any person; and
• the victim-survivor or person who is potentially at risk has refused to give consent or it is unreasonable or impractical to obtain the person's consent.

In all other cases, the person's consent must be obtained for information to be collected, used or disclosed. The perpetrator's consent is not required.

Part 13A makes it easier for you to work collaboratively with other agencies and service providers and share information to enable victim-survivors to access support services to keep them safe. Part 13A also supports It Stops Here Safer Pathway.

For more detail and guidance about sharing information under Part 13A, see the Domestic Violence Information Sharing Protocol.

What about my client's privacy? Isn't my client's information confidential?

Privacy and confidentiality are very important, and NSW privacy laws protect the confidentiality of everyone's personal and health information.

But safety is paramount; that is why legislation was enacted to allow agencies and organisations to share information more freely in the context of domestic violence, where:

• sharing information will facilitate victim-survivors' access to domestic violence support services; and
• sharing information may prevent or lessen a threat to the life, health or safety of a person.

The information sharing legislation commenced in September 2014 as Part 13A of the Crimes (Domestic and Personal Violence) Act 2007 (Part 13A).

For more details and guidance about sharing information under Part 13A, see the Domestic Violence Information Sharing Protocol.