Part 3 Domestic Violence Intervention Court Model
In this Part:domestic relationship has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.
domestic violence offence has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.
person who has been charged with an offence has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
scheme—see clause 6.
victim of domestic violence means a person who has been, or who is alleged to have been, the victim of a domestic violence offence.
(1) In this Part:scheme means the scheme known as the Domestic Violence Intervention Court Model.
(2) The objects of the scheme are as follows:(a) to ensure the safety of victims of domestic violence and persons in domestic relationships with those victims,(b) to ensure that persons who have been charged with domestic violence offences are dealt with appropriately,(c) to prevent persons who commit domestic violence offences from re-offending,(d) to improve the coordination of services to victims of domestic violence and persons in domestic relationships with those victims,(e) to ensure domestic violence matters are effectively managed throughout the criminal justice process.
7 Persons to whom Part applies
This Part applies to the following persons:(a) a person who has been charged with a domestic violence offence by a police officer in the Campbelltown, Macquarie Fields or Wagga Wagga Local Area Command within the NSW Police Force,(b) a person against whom proceedings for a domestic violence offence have been commenced in (or moved or adjourned to) the Local Court at Campbelltown, Junee, Temora or Wagga Wagga,(c) a victim of domestic violence in respect of an offence referred to in paragraph (a) or (b),(d) a person in a domestic relationship with a victim referred to in paragraph (c).
8 Non-compliance with certain health privacy principles
A public sector agency, or private sector person, that participates in the scheme is not required to comply with Health Privacy Principle 1 (1), 2, 3, 4, 6, 8, 10 or 11 in respect of the collection, holding, use or disclosure of health information about a person to which this Part applies, if that collection, holding, use or disclosure is:(a) for the purposes of the scheme, and(b) done in accordance with the privacy procedures for the scheme that are approved by the Attorney General from time to time.
9 Access to health information
(1) A public sector agency that participates in the scheme is not required to comply with Health Privacy Principle 7 in respect of health information about a person to which this Part applies that is held for the purposes of the scheme, unless the person is a victim of domestic violence.(2) A private sector person that participates in the scheme is not required to comply with Divisions 3 and 4 of Part 4 of the Act in respect of health information about a person to which this Part applies that is held for the purposes of the scheme, unless the person is a victim of domestic violence.
